It costs nothing for an employee to issue a claim in the employment tribunal.

An ET1 claim form can be completed and lodged with the employment tribunal online. Once this is done, the employer has 28 days from receiving the claim to lodge its defence.

Frequently, faced with the costs and the time consuming nature of defending an employment tribunal claim it is tempting for an employer to try and settle the claim on a commercial basis. Companies often feel the odds are stacked against them and that tribunals are employee biased. This is not true.

The chances of successfully defending an employment tribunal claim increase

• A well pleaded defence setting out clearly and concisely the chronology of events and processes applied is prepared
• The legal weaknesses of the claim are identified and highlighted early on
• Inaccurate and false information used by the employee to support the claim should be highlighted to challenge the credibility of the case
• Invest time in preparing detailed witness statements setting out the background to the claim and putting issues into context
• Spend time putting together a well presented tribunal bundle containing only documentation and correspondence which is relevant to the claim.

If a company has followed a proper process and acted reasonably, there is no reason why it should not be able to successfully defend a claim brought against it in the employment tribunal.

The employment team at Thomson Snell & Passmore in association with barristers from 3 Pump Court chambers will present a live hearing, with trial bundles, witnesses, cross-examination and judgement on November 1. Find out more at www.ts-p.co.uk or email susanna.gilmartin@ts-p.co.uk