Employment for Employers
A service provided by Talk Legal Limited
ACAS and Employment Tribunal Defence
Act promptly. An ACAS notification or Employment Tribunal claim requires a timely, considered response.
If ACAS Early Conciliation has begun
An approach from ACAS does not mean that the employee's case is established. It does mean that a dispute has reached a formal stage and that the employer should understand the allegations, preserve relevant documents and decide who has authority to discuss resolution.
We may assist the employer to:
- —identify what appears to be alleged;
- —obtain the internal documents and management account;
- —assess factual and legal risk;
- —consider whether further information is needed;
- —formulate a response or settlement position;
- —communicate with ACAS within the agreed scope.
Settlement is a commercial decision, not an admission that the claim is valid. Equally, refusing to engage should be a considered decision rather than a reaction.
If an Employment Tribunal claim has arrived
Send the complete Tribunal email or letter, the ET1 claim form, particulars of claim and the stated response deadline immediately.
Building the defence
For a suitable accepted matter, the work may include:
- —identifying each legal complaint and factual allegation;
- —preparing a clear chronology;
- —locating the relevant contract, policies, correspondence and records;
- —obtaining the accounts of the managers involved;
- —identifying admissions, disputes and matters outside the employer's knowledge;
- —assisting with the ET3 and grounds of resistance;
- —considering jurisdiction, time-limit or party issues;
- —assessing settlement and costs risk;
- —preserving relevant electronic and paper documents.
Case management and evidence
After a response is accepted, the Tribunal may make orders about a schedule of loss, further information, disclosure, a hearing bundle, witness statements, preliminary issues and the final hearing.
Depending on the instruction, we may assist with correspondence, compliance, document lists, witness evidence, chronologies, written submissions and preparation for preliminary or final hearings.
Representation
Employment Tribunal procedure recognises both legal and lay representatives. Where representation is agreed, Talk Legal may appear for the employer subject to the Tribunal's rules, orders and control.
The written agreement will state which hearings are included. A preliminary hearing, remedy hearing, reconsideration or appeal is not automatically included in a fee agreed for another stage.
What we do not promise
Received an ACAS notification or Tribunal claim?
Send the papers and the response deadline immediately. We will tell you whether we can help and what the next step would be.