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Defending Employment Tribunal Claims: Expert Legal Representation

Facing an employment tribunal claim can be stressful, costly, and time-consuming for any business. Whether it’s unfair dismissal, discrimination, or whistleblowing, you need clear legal advice and robust representation to protect your company. We defend businesses against employment tribunal claims across Wales and the UK, helping you navigate the process efficiently while safeguarding your reputation and bottom line.

To speak to an employment law consultant today, call us on 02920 829 100 or use our Contact us form.

Excellent rating by Review Solicitors | Ranked in Legal 500 and Chambers & Partners.

Use our free online Employment Tribunal Time Limit Calculator to work out how long you have to bring your claim:

Employment Tribunal Time Limit Calculator

 


When an Employment Tribunal Claim Lands on Your Desk

You’ve just been served with an ET1 claim form. You’ve got 28 days to respond, and the clock’s already ticking. Maybe you saw this coming, maybe it’s come out of nowhere. Either way, you need to act fast and get it right.

Employment tribunal claims are on the rise. In 2024/25, single and multiple claims jumped by around 23% on the previous year, and tribunal backlogs mean more than 490,000 cases are still open. Unfair dismissal, discrimination, and breach of contract claims dominate the list. Each case can drag on for months, distract your team, and potentially cost tens of thousands in legal fees and compensation.

We work with businesses across Wales and the UK who are defending employment tribunal claims. Our employment tribunal claims solicitors know how to build strong defences, when to settle, and how to protect your business throughout the process. We’ll give you honest advice from day one about your prospects of success, realistic costs, and the best strategy for your situation.

Whether you’re a small business dealing with your first claim or a larger company managing complex tribunal litigation, you’ll work directly with experienced solicitors who specialise in defending employers. And if you operate bilingually, we can handle your entire case in Welsh.

Let’s talk about your claim and what we can do to defend it properly.

Contact us today for urgent advice on defending employment tribunal claims.

 


How We Defend Businesses Against Employment Tribunal Claims

Unfair Dismissal Defence

Been accused of unfairly dismissing an employee? We defend unfair dismissal claims daily. We’ll review your dismissal process, identify any procedural issues, and build a defence around fair reasons and reasonable procedures. Often unfair dismissal claims have technical defences around service length or jurisdiction, and we’ll spot these early.

Discrimination Claims Defence

Discrimination claims are serious. They carry unlimited compensation, attract media attention, and can damage your reputation. Whether it’s age, disability, gender, race, or any other protected characteristic, we defend discrimination claims by carefully analysing the facts, gathering strong evidence, and presenting robust defences around legitimate business reasons.

Whistleblowing Defence

Whistleblowing claims are complex and carry high stakes. Compensation is uncapped, and public interest disclosures are automatically unfair reasons for dismissal. We defend whistleblowing cases by challenging whether protected disclosures were actually made, whether they’re in the public interest, and whether any detriment or dismissal was genuinely connected to the disclosure.

Constructive Dismissal Defence

Employee resigned and now claims they were forced out? Constructive dismissal cases often turn on whether you actually breached their contract. We defend these claims by demonstrating you acted reasonably, responded to grievances properly, and that any changes were legitimate business decisions. Many constructive dismissal claims fail because employees resign without giving you chance to fix problems.

Work-Related Stress Claims

Work-related stress claims employment tribunal cases are growing. Employees claim work pressure damaged their mental health and you failed in your duty of care. We defend work related stress claims employment tribunal cases by showing you had proper risk assessments, offered support, and that any pressure was reasonable. Medical evidence is key, and we know how to challenge weak expert reports.

Breach of Contract Claims

Claims for unpaid notice, bonuses, commission, or other contractual benefits. We defend breach of contract claims by reviewing what was actually promised in contracts, whether conditions for payment were met, and whether the employee materially breached their own contract. These claims are often combined with unfair dismissal but have different time limits and caps.

Redundancy Claims

Made redundancies and now facing claims the selection was unfair or consultation inadequate? We defend redundancy claims by demonstrating genuine redundancy situations existed, selection criteria were objective and fair, consultation was meaningful, and you looked for alternative roles. Collective redundancy rules add extra complexity, and we’ll make sure you’re covered.

Equal Pay and Wages Claims

Claims about unequal pay for equal work, or unlawful wage deductions. These can be complex, involving detailed comparisons and contractual analysis. We defend equal pay claims by showing material differences justify any pay gap, and defend wages claims by proving deductions were lawful under contract or statute.

 


Why Choose Darwin Gray to Defend Your Employment Tribunal Claim

We Move Fast When Time is Tight

You’ve got 28 days to file your ET3 response. Miss that deadline and you could face default judgment. We act immediately, reviewing claims quickly and drafting robust responses that protect your position. When you need urgent tribunal advice, we’re available. That’s what defending employment tribunal claims actually requires.

Honest Advice on Settlement vs Defence

Sometimes fighting is right, sometimes settling early makes commercial sense. We’ll assess your chances realistically and give you straight advice about costs, risks, and likely outcomes. If settling for £15,000 now avoids £40,000 in legal fees and compensation later, we’ll tell you. If you’ve got a strong defence worth fighting, we’ll back you all the way.

Welsh Language Capability

We’re Wales’ leading commercial law firm with a Welsh language employment law services. Your tribunal defence can be conducted entirely in Welsh if needed, from drafting responses through to tribunal representation. For Welsh businesses with Welsh-speaking employees, this matters.

Direct Access to Experienced Litigators

You’ll work directly with solicitors who’ve defended hundreds of tribunal claims. No juniors learning on your case, no endless hand-offs. When you call, you speak to someone who knows your case inside out. Employment tribunal claims tactics and precedents are constantly evolving, and our team stays ahead of developments.

Strong Relationships with Specialist Barristers

For tribunal hearings, we work with the best employment barristers in Wales and across the UK. We’ve built strong relationships with counsel who are experienced advocates and who understand Welsh business culture. We brief them properly and work as a team to give you the strongest possible representation.

Practical, Commercial Approach

We get that tribunal claims disrupt your business. Witnesses need time off, documents need gathering, and management attention gets diverted. We work efficiently, keep you updated, and make the process as manageable as possible. You’ll always know where you stand, what’s happening next, and what it’s costing.

Over 20 years defending employers  | Ranked in Legal 500 for Employment Law | Full Welsh language services

 


Our Tribunal Defence Process

Step 1: Immediate Case Review (Within 24 Hours)

When you contact us with a tribunal claim, we act fast. We’ll review the ET1, assess the claims being made, check time limits and jurisdiction, and give you initial advice on prospects and strategy. You need to know quickly whether you’re defending or settling, and we’ll help you make that decision.

Step 2: ET3 Response (Within 28 Days)

We draft your ET3 response, setting out your full defence to each claim. This is critical because it defines the issues the tribunal will decide and limits what you can argue later. We make your defence clear, detailed, and legally robust. The ET3 often shapes how the entire case proceeds.

Step 3: Case Management and Disclosure

After the ET3, there’ll be case management hearings setting timetables for evidence exchange, witness statements, and the final hearing. We manage all the procedural steps, handle disclosure of documents, and draft witness statements that present your case effectively. This is where strong preparation pays off.

Step 4: Settlement Negotiations (Throughout)

Most tribunal claims settle before hearing. We’ll explore settlement at every appropriate stage, through ACAS conciliation or direct negotiations. If settling makes sense commercially, we’ll negotiate hard to get the best terms. If it doesn’t, we’ll advise you to keep defending.

Step 5: Tribunal Hearing Preparation

If your case reaches hearing, we’ll prepare thoroughly. That means witness preparation, reviewing all evidence, agreeing hearing bundles, and instructing specialist employment barristers where appropriate. You’ll know exactly what to expect on the day.

Step 6: Representation at Tribunal

We’ll represent you throughout the hearing, whether that’s a one-day unfair dismissal case or a week-long discrimination claim. Our barristers will cross-examine the claimant, present your witnesses, and make legal submissions. We’re there to win.

Typical timescales: ET3 response (within 28 days of claim) | Case management (2-3 months) | Disclosure and statements (3-6 months) | Tribunal hearing (6-15 months from claim) | Most cases settle before hearing

 


Fees and Costs

Defending tribunal claims isn’t cheap, but costs vary hugely depending on complexity. Here’s what influences costs:

What Affects Legal Costs?

Type of claim: Straightforward unfair dismissal is cheaper to defend than multi-ground discrimination claims. Work-related stress claims employment tribunal cases often need medical evidence, adding costs.

Number of witnesses: More witnesses means more statements, more preparation time, and longer hearings.

Hearing length: One-day hearings cost less than week-long hearings. Tribunal listing times vary by complexity.

Settlement timing: Settling during ACAS conciliation saves significant costs compared to full hearing preparation.

Procedural applications: If the claimant amends their claim or we need to make applications about jurisdiction or strike-out, costs increase.

Barrister Fees

For hearings, barrister fees are additional. Expect around £1,500-3,000 per day for one-day hearings, more for longer or more complex cases. We’ll discuss this when hearing dates approach.

Legal Expenses Insurance

Check your legal expenses insurance policy. Many business policies cover tribunal defence costs. We can liaise with insurers directly and handle the claims process for you.

Costs Recovery

Good news: tribunals rarely order costs against losing parties unless conduct was unreasonable or the claim had no merit. You’ll usually pay your own legal costs regardless of outcome. Bad news: that means even if you win, you’ve still paid your lawyers.

 


What Our Clients Say

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The team combines expertise, integrity, and dedication to their clients. They offered us innovative solutions and a personalised attention.

Legal 500

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Darwin Gray are a very resourceful and ambitious practice. They have a wide breath of areas in which they advise and recruit extremely well, with a number of very talented junior lawyers. They are approachable and responsive.

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Frequently Asked Questions About Defending Employment Tribunal Claims

What should I do immediately when I receive an employment tribunal claim?

Contact us straight away. You’ve got 28 days to respond and that time goes quickly. We’ll review the claim within 24 hours, advise on your defence strategy, and start drafting your ET3. Don’t wait, don’t ignore it, don’t try handling it yourself. Missing the deadline or filing a weak response can wreck your defence before it starts.

How long do employment tribunal cases take?

From receiving the ET1 to final hearing typically takes 9-15 months, though it varies by tribunal location and case complexity. Simple cases might hear within 6 months, complex multi-day hearings can take 18 months. Delays are common because tribunals are backlogged. Most cases settle before hearing, often within 3-6 months.

What are the time limits for employment tribunal claims?

Employees usually have 3 months minus 1 day from dismissal or the last discriminatory act to start ACAS early conciliation. Time limits are strict but there are nuances around continuing acts of discrimination and when time starts running. We’ll check time limits immediately when reviewing any claim, as this can be a complete defence.

Should we settle or defend the employment tribunal claim?

It depends on your chances of winning, the costs involved, and the business impact. Sometimes settling for £20,000 now beats spending £35,000 defending to win. Other times you’ve got a strong case worth defending, or need to fight on principle. We’ll assess your prospects honestly and give you commercial advice about the best approach.

Can we recover our legal costs if we win?

Usually no. Employment tribunals work on the principle that each party pays their own costs regardless of outcome. Tribunals can award costs if the losing party acted unreasonably, vexatiously, or pursued a claim with no reasonable prospect, but this is rare. Budget for paying your own legal fees even if you expect to win.

What types of employment tribunal claims can employers face?

Common claims include unfair dismissal, wrongful dismissal, discrimination (age, disability, gender, race, religion, sexual orientation), whistleblowing, redundancy issues, TUPE, equal pay, unlawful wage deductions, and breach of contract. Many claims combine multiple allegations. Work related stress claims employment tribunal cases are increasingly common.

What happens at an employment tribunal hearing?

Hearings are less formal than court but still legal proceedings. There’s an employment judge (sometimes with two lay members) who hears evidence from both sides’ witnesses, reviews documents, and hears legal arguments. Witnesses are cross-examined. The process is adversarial. Hearings last 1-5 days depending on complexity. Judgment usually comes weeks later.

Can we make employees pay costs if their claim is weak?

Potentially, but it’s unusual. You can apply for costs if the claim is vexatious, has no reasonable prospect of success, or the claimant behaved unreasonably. Making early costs warnings and applications can encourage weak claimants to withdraw. But don’t rely on recovering costs, most tribunals won’t award them.

Do we need a barrister for the employment tribunal hearing?

Not legally required, but highly recommended. Barristers are specialist advocates who present cases effectively, cross-examine witnesses properly, and make persuasive legal arguments. Most employers instruct barristers for hearings. We work with excellent employment barristers and will advise on whether you need counsel based on your case.

What evidence do we need to defend an employment tribunal claim?

Employment contracts, policies, correspondence, meeting notes, witness statements, and any documents relevant to the claims. For dismissal cases, you need evidence of the reasons for dismissal and fair procedure followed. For discrimination, evidence showing legitimate non-discriminatory reasons. We’ll guide you on exactly what’s needed for your specific defence.

Can employment tribunal claims damage our reputation?

Yes. Tribunal hearings are public and judgments are published online. Media sometimes cover interesting or high-profile cases. Even if you win, the claim gets aired publicly. This is one reason settlement often makes commercial sense, especially for sensitive cases. Confidential settlement agreements prevent public scrutiny.

Can you get insurance to cover the cost of Tribunal claims?

Yes, you may be able to fund your legal costs if you have an existing Legal Expenses Insurance (LEI) policy in place. But this policy will need to have been put in place before the Tribunal claim is brought against you.

Darwin Gray offers an excellent EPL policy to our employer clients in conjunction with a company called ALS Albion Ltd. For information on the Darwin Gray Employment Law Protection Scheme, click here or call us (02920 829 100) and we can advise you on your options.

 


Our Offices in Wales

We’re based in Cardiff and Bangor, but we defend tribunal claims for businesses throughout Wales and across the UK. Tribunal hearings can happen anywhere depending on where the claimant lives, and we travel to tribunals nationwide when needed.

Our Cardiff office serves businesses across South Wales including Swansea, Newport, and the Valleys. Our Bangor office supports businesses throughout North Wales including Wrexham, Anglesey, and Gwynedd.

As Wales’ leading Welsh language commercial law firm, we’re particularly experienced defending claims for Welsh businesses and organisations. Whether your workplace operates bilingually or you prefer conducting your defence in Welsh, we provide the same high-quality representation in English or Welsh.

 


Get Urgent Tribunal Defence Advice

Employment tribunal claims move fast and deadlines are strict. You need legal advice now, not next week.

Whether you’ve just received an ET1, you’re mid-way through proceedings, or you’re preparing for a hearing, we can help. We’ll assess your case honestly, build a strong defence, and fight to protect your business.

Call 02920 829 100, or fill in our Contact us  for immediate advice on defending employment tribunal claims.

Direct access. Welsh language services. Expert tribunal defence when your business needs it.


Contact Our Team

To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.

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