Guidance

How to respond to an employment tribunal claim (T422)

Updated 20 July 2026

Presidential guidance

Under the employment tribunal rules, the presidents of the employment tribunals in England, Wales and Scotland may issue presidential guidance.

The aim of that guidance is to improve consistency in the way employment tribunals manage cases and enable the parties to better understand what is expected of them and what to expect.

It is not binding but should be followed where possible.

You can read the presidential guidance for England and Wales and the presidential guidance for Scotland.

General data protection regulations

The Ministry of Justice and HM Courts and Tribunals Service (HMCTS) process personal information about you in the context of tribunal proceedings.

You can find out more about the standards we follow when processing your data.

A copy of the claim form or response and other tribunal related correspondence may be copied to the other party and the Advisory, Conciliation and Arbitration Service (Acas) for the purpose of tribunal proceedings or to reach settlement of the claim.

Welsh Language Act

If you are responding to a claim in Wales, you can ask that correspondence and phone calls are in Welsh.

If both sides agree, the hearings may be carried out just in Welsh.

If both English and Welsh are used at a hearing, we can provide translation facilities if you ask.

What employment tribunals do

Employment tribunals hear cases and make decisions on matters to do with employment, such as:

• unfair dismissal
• redundancy payments discrimination
• a range of claims relating to wages and other payments

Although an employment tribunal is not as formal as a court it must comply with rules of procedure and act independently.

Claim process summary

1. Dispute resolution

1. Dispute arises.
2. Try to resolve informally with employer.
3. Early conciliation with Acas.

2. Submit a claim to the tribunal

Estimated time: 5 days

1. Send a claim to tribunal.
2. Claim is accepted (or not accepted and returned) and sent to the respondent.

3. Respondent’s response

The respondent has 28 days to respond.

4. Case management

Estimated time: 26 weeks

1. If the respondent did not respond to the claim, a judgment is issued.
2. If there is a response, both parties can make applications within the case.
3. A hearing is held.

5. Judgment

Judgment issued within 4 weeks after the final hearing.

Judgments issued to parties from February 2017 are published on the online public register.

Get help and advice

Contact the employment tribunal

The employment tribunal customer contact centre can:

• answer general enquiries
• give information about tribunal publications
• explain how the tribunal system works

They may be able to help you fill in the form but they cannot give legal advice, such as whether the claim made against you is likely to be successful.

If you are in England or Wales, contact:

Employment Tribunals
PO BOX 11225
Crown House
Loughborough
LE11 9PX
United Kingdom

Phone: 0300 323 0196

If you are in Scotland, contact:

Employment Tribunal Customer Contact Centre
PO Box 27105
Glasgow
G2 9JR
United Kingdom

Phone: 0300 790 6234

Find out about call charges

Get independent advice

You do not need to take advice before you fill in the response form but you may find it helpful to do so.

You can get information on employment law from Acas who may also be able to assist you resolve the claim against you through conciliation and without the need for a tribunal hearing.

Acas
Phone: 0300 123 1100
Website: www.acas.org.uk

You can get more help and advice from:

• free advice services, such as Citizens Advice or Citizens Advice Scotland, or a law centre
• employers’ organisations – if you are a member
• solicitors and other professional advisers

How long a case can take

How long the case takes will depend on:

• what the claim is about
• the issues in the case

If there are lots of issues, or the issues are complicated, the case may take longer.

Employment tribunals decide cases based on the facts and evidence provided.

Compensation

If the employment tribunal decides the claimant is successful, it will decide whether compensation should be paid and, if so, how much.

Most employment tribunal claims have limits on the amount of compensation that can be awarded. If a claimant asks for a large amount of compensation, the tribunal will consider the evidence and decide what amount is appropriate.

The tribunal will decide the amount of compensation based on the circumstances of the case, including:

• age
• earnings
• injury to feelings (for discrimination claims)

The tribunal will use guidance from previous tribunal and court decisions to decide compensation for injury to feelings.

In unfair dismissal cases, the tribunal may also award compensation for future loss of earnings.

How to respond to the claim

Your response will not be accepted by the tribunal office unless it is on a form which is approved (prescribed) by HMCTS.

You can respond to the claim either:

• online using the Employment Tribunal response service
• by downloading and completing the ET3 form

If you’re a legal professional or another type of professional who received a 16-digit reference number in your response pack, you can respond online using a MyHMCTS account.

It is your responsibility to ensure that the tribunal receives your response within 28 days from the date we sent you a copy of the claimant’s claim form.

If you respond online, it will be sent automatically to the tribunal dealing with the case. There is no need to send a copy of your form to send any other documents by post.

You should keep a copy of your response form for your records.

Whenever you contact us, you must quote the case number on our letter and any relevant documents.

When you write to us by letter or email, you should send a copy to the claimant and any other respondent in the case and tell us you have done so.

If you are asking the tribunal to make an order or take other action, you must also tell the claimant they should send any objections to the tribunal as soon as possible.

If the claimant is claiming a redundancy payment or notice pay, wages or holiday pay that you cannot pay due to financial difficulties, you should explain this in your response. You must tell us about any formal proceedings that are being taken in connection with your financial situation.

Ask for more time to respond

You can ask the tribunal to extend the time limit if it is not possible for you to fill in the form in time. For example, if you need more time because an important witness, such as the person who took the decision to dismiss the claimant, is abroad on holiday and you need information from them.

If you do not ask for such an extension within the 28 day time limit, the claim is likely to be treated as one to which no defence has been submitted. A judgment will probably be made against you.

Applications for an extension of time must be in writing and provide full reasons why you are asking for the extension.

If you apply after the 28 day time limit has expired you must, in addition, either send in a draft of the response you wish to submit or explain why this cannot be done.

An employment judge will then decide whether to grant an extension.

You will be informed of their decision and cannot assume an extension has been granted until then.

Information you must include in your response

The tribunal cannot accept your response unless you provide certain minimum information.

By law, you must tell us:

• your full name and address
• whether you want to resist (defend) all or part of the claim

If your response is not on a form approved (prescribed) by HMCTS or does not contain the information, it will be returned and the claim will be dealt with as if we have not received a response.

If your response is not accepted

Your response will not be accepted and you cannot resist the claim if:

• your response is not on a form prescribed by HMCTS
• the tribunal does not receive your response within the time limit and an extension of time has not been granted
• your response does not provide all the minimum information

In these circumstances, an employment judge may issue a judgment if they consider it appropriate.

If no response is accepted in relation to a claim, then an employment judge can decide the claim without the need for a hearing. However, a hearing to determine compensation may sometimes be required. You would only be entitled to participate in such a hearing to the extent permitted by the employment judge who hears the case.

What happens after you submit your response

If the tribunal accepts your response, we will send a copy to the claimant. In most cases we will also send a copy to Acas.

Acas’s role

Where we send a copy of your response to Acas, a conciliator will contact you to explore whether it may be possible to resolve the claim against you through conciliation and without the need for a tribunal hearing.

Whistleblowing claims

If a claim includes protected disclosure (also known as ‘whistleblowing’), the tribunal may send a copy of the claim to the appropriate regulator. This will only happen if the claimant has given their consent on the ET1 form.

If a referral is made, we will write to you to confirm when the claim was sent and who it was sent to.

A claimant or their representative may also make a protected disclosure directly to a regulator.

It is up to the regulator to decide whether to investigate the issues raised. This does not affect how the claim is processed.

Find out more about whistleblowing

If you settle the case

Both parties should let us know immediately if the case is settled before the hearing.

The conciliation officer will let us know if your case is settled through Acas.

If your claim settles through Acas, the claim will be removed from the list for hearing (if listed) and the case file will be destroyed in accordance with our destruction policy 12 months from the date of settlement.

Breach of contract claims

If a claimant is no longer employed, they can make a claim against an employer for breach of contract.

In certain circumstances, this entitles you to make an employer’s contract claim.

Any such employer’s contract claim must be included in the response form. It must be made within 28 days of the date that the copy of the claim form was sent by the tribunal.

Correspondence

When we write to you, we will refer to you as the ‘respondent’. We will send a copy of your response form to the claimant.

Parties are required under the rules of procedure to copy any letters or documents that they send to the tribunal (other than an application for a witness order) to all other parties and must state that this has been done. You can show that this has been done, for example, by the use of cc.

We will send you and the claimant any decision or judgment the tribunal makes.

You must let us know immediately if your contact details change.

If you have a representative acting for you, we will send all correspondence about the case to them and not to you. You must pass any further requests for information through them and not straight to us.

Contacting the tribunal by email

You must quote the case number in any correspondence and in the subject line of the email and send it to the tribunal office dealing with the claim.

The office will correspond by email if this is your preference.

Documents you send to the tribunal must be in a Microsoft Word compatible format. We will not accept documents in other formats.

When we receive your email, we will send you an electronic acknowledgement. Do not send further emails or phone the tribunal office unless you have not received an acknowledgement within 2 working days of sending your email.

You are responsible for making sure that the tribunal receives any correspondence sent by email within the relevant time limit.

If you want us to communicate with you by email, you will need to supply a valid email address. You can do this by filling in box 2.9 on the response form or at any stage later.

When you ask us to communicate with you by email you are agreeing that:

• you check for incoming emails at least once every day
• we may pass your email address to other people involved in the claim

Find contact details for the tribunal office

The hearing

You will find the date, time and place of the hearing and the estimated time it will take on the letter sent to you with the claim form.

If you are not sure about where and when the hearing is to take place, contact the tribunal office.

Find contact details for the tribunal office

You must arrive at the hearing centre at least 30 minutes before the hearing is due to start, making allowances for possible travel delays.

You may find that on arrival you are asked to wait until the tribunal completes other hearings.

Ask for the hearing to be postponed

You must make any request for a postponement in writing as soon as possible giving full reasons for your request.

You must also send a copy of your request to the claimant so that they are aware of it.

An employment judge will decide whether to grant a postponement.

If you or the claimant (or somebody else acting for you or the claimant) fail to appear at a hearing, the tribunal may decide the case in your or their absence.

Preliminary issues

You will be notified if there are any preliminary issues which the tribunal will need to decide. For example, whether the claim has been submitted to the tribunal within the required time limit.

Where such issues arise, they will usually be dealt with at a preliminary hearing.

Preparing for a hearing

It can be useful to watch a hearing at a tribunal so you understand the procedure and what happens.

You can do this by contacting any tribunal office and asking if there is a suitable hearing for you to observe.

Find contact details for the tribunal office

Documents for the hearing

You may have documents which support your defence and want to put them before the tribunal as evidence.

If the notice of hearing sent with the claim form includes case management orders relating to documents, you must comply with them.

If it does not, you must still make sure the claimant has reasonable notice (at least 7 days) of the documents you intend to use at the hearing.

What happens at the hearing

The tribunal will decide whether the claim succeeds or fails and, if it succeeds, what to award to the claimant.

It is usual in claims such as the one you are defending for the employment judge to sit alone. If you think it should be heard by a full tribunal, write to the tribunal giving your reasons.

Find contact details for the tribunal office

During the hearing, the employment judge will make sure that you take the steps described below in a calm and measured way. However, they may have to be firm in moving the case on to make sure that it proceeds at a pace which allows it to be dealt with within the time set aside.

The claimant will normally give evidence and call any witnesses first. However, there is no absolute rule as to which side starts.

You and your witnesses will have to give evidence on oath or affirmation, or you could be convicted of perjury.

In England and Wales, if case management orders have been sent with the claim form, they will probably require the parties to exchange witness statements by a set date. The witness statements will be read by the tribunal and will not usually be read out at the hearing by the witness.

In Scotland witness statements are not normally used but they can be in some cases if ordered by a judge.

You can ask the claimant and their witnesses questions (this is called ‘cross-examination’).

Finally, the employment judge may ask some questions.

The same procedure is then usually followed for the other witnesses and then with your evidence.

In England and Wales, once all the evidence has been heard, the employment judge will usually announce the judgment and the reasons for it.

In Scotland the judgment is less frequently announced at the end of the hearing.

After the hearing

You or your representative will be sent a copy of the written judgment as soon as possible after the hearing. You must abide by the employment tribunal judgment as it is legally binding.

Where the judgment with reasons is given orally at the hearing, written reasons for the judgment will also be given if:

• you ask for them at the hearing
• you make a written request within 14 days of the date that the judgment was sent to you

You must attend the hearing prepared to deal with remedy should the claimant be successful.

If you do not give the tribunal the necessary information, a further hearing may be needed. This could cause an order for costs (or in Scotland, expenses) to be made against you.

Paying the claimant’s costs

Usually, you will not need to pay the claimant’s costs. However, the tribunal can make an order for costs or preparation time. The tribunal will do this if it believes that you or your representative has behaved:

• abusively
• disruptively
• unreasonably in the way you have conducted your case or thinks that your defence to the claim was so weak that it should not have been raised

Costs are known as expenses in Scotland.

For claims made on or after 6 April 2012, employment judges and tribunals also have the power to order a party to pay the expenses of any witness or witnesses who have been asked to attend the hearing.

Financial penalties

For claims made after 6 April 2014, employment tribunals have the discretionary power to order a respondent who has lost at a case to pay a financial penalty of up to £20,000. This will only happen if the tribunal considers that the employer’s breach of the claimant’s employment rights had one or more aggravating features. The minimum amount of any penalty will be set at £100.

A financial penalty may be ordered against an employer even if a financial award has not been made to the claimant. However, if a financial award has been made, the financial penalty must be 50% of the amount of the award.

Tribunals must take account of the employer’s ability to pay when deciding whether to order a penalty.

Financial penalties will not be paid to the claimant in the case but to the Secretary of State and is paid into the consolidated fund.

If the employer pays the penalty within 21 days, the sum payable will be reduced by 50%.

Support at a tribunal hearing

If you or anyone coming to a tribunal with you has a disability or a particular need, you should contact the tribunal office dealing with your case to discuss the matter.

Find contact details for the tribunal office

Examples of the help we can provide include converting documents to braille or larger print and paying for sign language interpreters.

We can also provide hearing-induction loops in the room where the hearing is held if you need them. Contact us as soon as possible so we can make appropriate or suitable arrangements.

Expenses for attending a hearing

HMCTS does not usually pay expenses or allowances for:

• parties attending a hearing
• witnesses
• volunteer representatives

This applies to claims made on or after 6 April 2012.

This does not apply if the tribunal has asked someone to attend the hearing to give medical evidence.

For claims made on or before 5 April 2012, read the guidance on expenses and allowances at an employment tribunal.

Make a complaint

If you are unhappy with the service you have received, you can make a complaint.

Read the HMCTS complaints procedure

Employment tribunal offices

Aberdeen

Ground floor, AB1
48 Huntly Street
Aberdeen
AB10 1SH

Phone: 01224 593 137
Email: aberdeenet@justice.gov.uk

Bristol

Bristol Civil and Family Justice Centre
2 Redcliff Street
Bristol
BS1 6GR

Phone: 0300 323 0196
Email: bristolet@justice.gov.uk

Cambridge

Cambridge County Court and Family Court
197 East Road
Cambridge
CB1 1BA

Phone: 0300 323 0196
Email: watfordet@justice.gov.uk

Dundee

Ground Floor
Endeavour House
Greenmarket
Dundee
DD1 4BZ

Phone: 01382 221578
Email: dundeeet@justice.gov.uk

East London

2nd Floor
Import Building
2 Clove Crescent
London
E14 2BE

Phone: 0300 323 0196
Email: eastlondon@justice.gov.uk

Edinburgh

54 to 56 Melville Street
Edinburgh
EH3 7HF

Phone: 0131 226 5584
Email: edinburghet@justice.gov.uk

Glasgow

The Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT

Phone: 0141 204 0730
Email: glasgowet@justice.gov.uk

Leeds

West Gate
6 Grace Street
Leeds
LS1 2RP

Phone: 0300 323 0196
Email: leedset@justice.gov.uk

London Central

7 Newgate Street
London
EC1A 7AZ

Phone: 0300 323 0196
Email: londoncentralet@justice.gov.uk

London South

Montague Court
101 London Road
West Croydon
CR0 2RF

Phone: 0300 323 0196
Email: londonsouthet@justice.gov.uk

Manchester

Alexandra House
14 to 22 The Parsonage
Manchester
M3 2JA

Phone: 0300 323 0196
Email: manchesteret@justice.gov.uk

Midlands (East)

Nottingham Justice Centre
Carrington Street
Nottingham
NG2 1EE

Phone: 0300 323 0196
Email: midlandseastet@justice.gov.uk

Midlands (West)

Centre City Tower
7 Hill Street
Birmingham
B5 4UU

Phone: 0300 323 0196
Email: midlandswestet@justice.gov.uk

Newcastle

Newcastle Civil Family Courts and Tribunal Centre
Barras Bridge
Newcastle Upon Tyne
NE1 8QF

Phone: 0300 323 0196
Email: newcastleet@justice.gov.uk

Wales

Cardiff and the Vale Magistrates Court
Fitzalan Place
Cardiff
South Wales
CF24 0RZ

Phone: 0300 323 0196
Email: waleset@justice.gov.uk

Watford

3rd Floor
Radius House
51 Clarendon Rd
Watford
WD17 1HP

Phone: 0300 323 0196
Email: watfordet@justice.gov.uk

Our offices are open from 9am to 5pm Monday to Friday.

We will direct you to a map showing the location of the office where the hearing has been arranged.