EMPLOYMENT TRIBUNAL DEFENCE
If a claim has been threatened or proceedings have already begun, the first step is to establish where you really stand.
We assess the facts, evidence, legal position and commercial exposure, recommend the right route, and take ownership of the defence. Harrington Raine can act as your named representative through the Employment Tribunal process.
Live claim or threatened proceedings? We’ll help you establish the position and what needs to happen next.
WHEN A DISPUTE ESCALATES
An Employment Tribunal claim rarely arrives without context. You may be dealing with Acas, holding an ET1 that has just arrived, or already part-way through proceedings.
Wherever the matter stands, the priority is the same: understand the position, protect the response and establish a clear strategy.
If Early Conciliation has started or Tribunal proceedings appear likely, we assess the facts and evidence before positions become unnecessarily fixed.
We can deal with Acas, advise on the strength of the position and decide whether resolution or defence makes commercial sense.
Early assessment gives you more options.
Once a claim has been issued, the defence needs to be considered properly and the response prepared around the evidence — not simply the allegations.
We assess the claim, establish the defence strategy and prepare and submit the ET3 response on your behalf.
An ET3 response is normally due within 28 days of the Tribunal sending you a copy of the claim.
You do not need to have instructed Harrington Raine from the beginning.
We can review what has happened so far, assess the existing strategy and, where appropriate, take over as your named representative for the ongoing Tribunal proceedings.
A change of adviser does not have to mean starting again.
TRIBUNAL STRATEGY
A Tribunal claim should not be settled simply because it has been made. Nor should it be defended simply to make a point.
We assess the evidence, legal position and commercial consequences, then recommend the route that makes sense for the business.
Where the facts and evidence support the employer’s position, we will say so. The focus then turns to building the defence properly and managing the case with a clear strategy.
Not every case should be fought. If the evidence or legal position creates material exposure, you need to know that early enough to make an informed decision.
Even a defensible case may justify commercial resolution when management time, cost, distraction or wider business priorities are taken into account.
The objective is not to fight every claim or settle every risk. It is to make the right commercial decision with a clear understanding of the position.
ASSESS THE POSITION
A sensible Tribunal strategy starts with the facts, not the allegations.
We review what happened, what can be evidenced, where the legal risk sits and what the claim could mean commercially. That gives you a clearer view of the strength of the defence before deciding what happens next.
01
We establish what happened, when it happened and who was involved — including the decisions, conversations and processes that led to the dispute.
02
Contracts, policies, emails, meeting notes, correspondence and other records can materially change how a claim looks. We identify what supports the position, what creates risk and what may be missing.
03
We assess the allegations against the relevant Employment Law principles and identify where the employer appears strong, exposed or where the position is less clear.
04
Legal merits are only part of the decision. We also consider the potential financial exposure, management time, disruption, uncertainty and wider impact on the business.
The result should be a clear view of the position, the material risks and the route Harrington Raine recommends.
Where Harrington Raine is instructed to manage an Employment Tribunal matter, we can act as your named representative, take ownership of the defence and manage the case as it progresses.
That means turning the strategy into action — dealing with the correspondence, documentation, evidence and preparation needed to move the matter forward properly.
If Early Conciliation has started or a claim appears likely, we assess the position before unnecessary ground is conceded.
We can deal with Acas, advise on settlement strategy where appropriate and make sure any proposed resolution reflects the wider legal and commercial position.
If proceedings are issued, we review the allegations against the facts and evidence, establish the defence strategy and prepare and submit the ET3 response on your behalf.
The response should reflect the case you intend to defend — not simply react to the wording of the claim.
Harrington Raine can act as your named representative and manage the ongoing Tribunal correspondence and case requirements.
We keep track of what needs to be done, advise you on developments and coordinate the steps required as the matter progresses.
A defence is only as useful as the evidence behind it.
We help organise the relevant documents, support the disclosure process, identify evidential gaps and prepare witness evidence and statements so the case is properly supported.
If the matter proceeds towards a final hearing, we prepare the case, documentation and witnesses and make sure the strategy remains clear as the hearing approaches.
Final-hearing advocacy is separately charged. Where an advocate is required to conduct the final hearing, Harrington Raine can discuss the appropriate arrangements and costs with you.
Throughout the matter, you should know where the case stands, what we recommend and what happens next.
Exact scope is subject to the applicable service arrangement and terms.
YOUR TRIBUNAL LAWYER
Employment Tribunal cases develop over time. Strategy changes, evidence emerges and decisions made early in the process can affect what happens later.
Your matter is led by a named Harrington Raine lawyer who understands the case, owns the defence strategy and remains your principal point of contact as proceedings develop.
You should not have to repeatedly explain the history of the dispute or wonder who is responsible for the next step. Your lawyer maintains continuity across the matter and keeps sight of the wider strategy.
The person advising on the strategy remains close to the documentation, evidence, correspondence and decisions that put that strategy into practice.
Tribunal proceedings can change direction. Your lawyer keeps you informed of material developments, explains what they mean and recommends what the business should do next.
One point of contact. Clear ownership of the defence.
WAYS TO WORK WITH US
Some employers come to Harrington Raine because a dispute has already escalated. Others want ongoing Employment Law support with Tribunal defence built into the arrangement.
Both start with understanding what the business actually needs.
Already dealing with an Acas matter, ET1 or ongoing Tribunal proceedings?
Harrington Raine can be instructed to assess the position, establish the strategy and manage the defence as a standalone matter.
For employers who want ongoing support, Total Employment Law Cover combines day-to-day HR & Employment Law advice and drafting through Outcome Support with Employment Tribunal defence support if a claim arises, subject to the applicable service terms.
It is designed for businesses that want both day-to-day decision support and greater certainty if an employment dispute escalates.
EMPLOYMENT TRIBUNAL FAQs
Clear answers to the practical questions employers ask when dealing with an actual or threatened Tribunal claim.
Start by establishing exactly what has been claimed, when the response is due and what evidence sits behind the employer’s position.
An ET3 response is normally due within 28 days of the Tribunal sending you a copy of the claim. Harrington Raine can review the ET1, assess the position and prepare and submit the ET3 response on your behalf.
If you have received an ET1, speak to us as early as possible so there is sufficient time to assess the claim properly.
It depends on the strength of the position and the commercial circumstances.
A defensible claim should not be settled automatically simply because proceedings have been issued. Equally, defending a weak position purely to make a point rarely makes commercial sense.
We assess the evidence, legal merits, likely exposure and wider impact on the business before recommending whether to defend, negotiate or pursue another form of resolution.
Depending on the applicable service arrangement, Harrington Raine can act as your named representative and manage the defence through the Tribunal process.
This can include Acas conciliation, assessing the claim, defence strategy, preparing and submitting the ET3, Tribunal correspondence, case management, disclosure and document preparation, witness evidence and preparation for hearings.
If the case proceeds to a final hearing, the advocacy itself is separately charged.
Yes. Harrington Raine can deal with Acas on your behalf, assess proposals and advise whether settlement makes commercial sense in the context of the wider claim.
Using Acas does not mean you have decided to settle. Conciliation can be used to explore whether an appropriate resolution is available while the underlying position continues to be assessed.
Yes. You do not need to have instructed Harrington Raine at the beginning of the dispute.
We can review the claim, response, correspondence, existing evidence and procedural position before advising on the strategy from that point. Where instructed to take over the matter, Harrington Raine can become your named representative for the ongoing proceedings.
Yes. Settlement can remain an option after a Tribunal claim has been issued.
Acas conciliation can continue during Tribunal proceedings, and a settlement reached through Acas can be recorded in a legally binding COT3 agreement.
Whether settlement is the right option is a separate question. We assess it against the strength of the case and the wider commercial position.
We prepare the matter for the hearing, including the case strategy, documentation, evidence and witnesses within the agreed scope.
The cost of the lawyer or other advocate conducting the final hearing is separate from the standard Total Employment Law Cover fee. Harrington Raine can discuss the appropriate advocacy arrangements and costs with you as the case develops.
Total Employment Law Cover combines day-to-day HR & Employment Law advice and drafting through Outcome Support with Employment Tribunal defence support if a claim arises, subject to the applicable service terms.
The precise scope will be set out in your service terms. Final-hearing advocacy is separately charged.
If an Employment Tribunal claim has been threatened, issued or is already under way, the first step is to establish the position properly.
Speak to Harrington Raine and we’ll assess where the matter stands, what needs attention and the appropriate next step.
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