TALK LEGAL

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.

An employer will usually have 28 days after being sent the claim to present its response. Failure to respond in time may allow the Tribunal to decide the claim without the employer's defence. Do not wait until the internal investigation is perfect before seeking help.

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

We do not promise that every claim can be defeated or settled on favourable terms. Tribunal litigation may turn on disputed evidence and credibility. The employer must give a complete and accurate account, preserve documents and make appropriate witnesses available.

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.

Talk Legal

Talk Legal Limited. Registered office: 140 Cheetham Hill Road, Manchester M8 8PZ.

Company number: 17403542

Small Claims Champion and Leaseholders Champion are trading names of Talk Legal Limited.

07747 621 621·win@TopLegal.net

Important

Talk Legal Limited is not a firm of solicitors and is not authorised or regulated by the Solicitors Regulation Authority. It does not currently carry professional indemnity insurance. Clients do not have access to the SRA Compensation Fund in respect of its work, and complaints about Talk Legal cannot ordinarily be made to the Legal Ombudsman. Talk Legal does not hold client money.

Website information is general and is not advice on a particular matter. No retainer is created by visiting the website, submitting an enquiry or sending documents.