Employment Tribunal Preparation: Employer Checklist

Employment tribunal claims are served on employers via the Central Office of Employment Tribunals. When you receive a claim (an ET1 form), you have 28 days to submit a response (the ET3). Missing that deadline is serious — the tribunal may accept the claim as uncontested. Acknowledge receipt of the claim immediately and identify who in your organisation is handling the response.

The ET3 response should be drafted with legal advice where the claim involves unfair dismissal, discrimination, or significant financial exposure. It sets out your account of events and your defence. Attached to it will be your witness statements and key documents. Begin gathering documents immediately: the employment contract, any correspondence relating to the events in question, meeting notes, disciplinary outcomes, and payroll records.

The biggest risk in tribunal preparation is gaps in documentation — not what happened, but whether you can prove what happened. Mellow's case management and HR record functions exist precisely because of this risk. An investigation meeting that was held but not minuted, a disciplinary warning that was issued verbally, a performance concern that was never written down — these are the gaps that turn defensible cases into uncertain ones. Prepare as if every HR conversation will eventually be in an ET bundle.