25 Aug What to do when a tribunal claim arrives
Support from an HR consultant in Wychavon when you’re facing an employment tribunal claim and need to respond quickly.
I’m working with more business owners right now who’ve had contact from ACAS or received a tribunal claim out of the blue.
Most of them had no idea how tight the deadlines are, or how much rides on getting the first response right.
The financial risk is real. And it’s getting bigger.
If you’ve been contacted about a potential claim, or you’re worried one might be coming, here’s what you need to know.
What an HR professional actually does when a claim lands
Before we get into the process itself, I want to explain what it looks like when you have someone in your corner from the start.
As soon as a claim arrives, an HR consultant will review it and work out your strongest position before you file anything. That early assessment matters enormously, because your written response to the tribunal forms the backbone of your entire defence. Every point you make has to line up with your evidence. Getting it wrong at this stage can undermine everything that follows.
Beyond that initial review, professional HR consultancy services in Wychavon can include:
- Drafting your written response so it’s consistent with your evidence from day one
- Advising at each stage whether settling early would save you more than going to a full hearing
- Preparing your document bundle, witness statements and hearing paperwork to the standard the tribunal expects
- Checking whether the claim could be challenged or struck out before it progresses further
- Keeping track of every procedural deadline so nothing slips through
The business owners I work with tell me that having someone alongside them throughout the process gives them clarity and confidence at a time when they’d otherwise feel completely out of their depth.
How the tribunal process works
If you haven’t been through this before, the process can feel overwhelming. So let me break it down.
An employee can’t go straight to tribunal. They have to contact ACAS first for what’s called early conciliation. The aim is to reach a resolution without going any further. Your employee doesn’t have to agree to settle at that point, but they do have to go through this step before filing a formal claim.
When ACAS gets in touch with you, treat it as your first warning sign. It’s also your earliest opportunity to resolve the situation before things escalate.
If conciliation doesn’t work, the employee submits their claim. You then have 28 days to file a written response. If you miss that deadline, a judgment can be made against you automatically.
After responses are filed, both sides exchange documents and witness statements ahead of a final hearing.
One thing worth being aware of: discrimination and whistleblowing claims now account for 60% of all tribunal cases. These carry the highest payouts. And in some parts of the UK, hearings are being scheduled as far out as 2027 and 2028. A claim could hang over your business for years.
Why handling it yourself is a costly gamble
I understand the instinct to manage a tribunal claim on your own. You might want to keep costs down, or you might not know where to turn for help.
But going without professional support almost always ends up costing more.
Here are some real figures on average payouts when a tribunal rules against the employer:
- Unfair dismissal (2023/24): £13,749
- Sex discrimination: £53,403
- Age discrimination: £102,891
From January 2027, the cap on unfair dismissal payouts is being removed altogether. Those numbers will only increase.
Then there’s the time you lose. Hours spent pulling together paperwork, drafting statements, preparing for hearings. That’s time you’re not spending on running your business. For a small business owner, that cost is often just as damaging as the financial payout itself.
Questions worth asking yourself
If you’re dealing with a claim right now, or you think one might be on the horizon, consider these:
- Do you know exactly how long you have to respond, and what your response needs to include?
- Could you put together a document bundle and witness statements that meet the tribunal’s expectations?
- Have you thought about whether settling early might actually be the better financial decision?
- If the claim involves discrimination or whistleblowing, do you understand how much higher the potential payout could be?
If you’re unsure on any of those, that’s a strong signal you need support.
Don’t leave it until the last minute
The earlier you get help, the stronger your position will be.
I support small business owners through every stage of the tribunal process. From reviewing the claim and drafting your response, right through to preparing documents and attending hearings with you.
As an outsourced HR consultant in Wychavon, I can step in quickly and give you the guidance you need from the moment ACAS makes contact or a claim arrives.
If you’ve received a tribunal claim, or you’ve heard from ACAS about a potential one, please get in touch. We can talk it through confidentially and work out the best way forward for you and your business.
