How to Prepare for an Employment Tribunal Claim

Written by Andrew Johnson, Founder and CEO HRGuide - updated Mon 8th Dec 2025

Preparing for an employment tribunal claim involves several key steps. Detailed below are the steps you need to take to prepare for an Employment Tribunal.

Receiving an ET1 Claim Form

If you receive an ET! Claim Form, carefully read it to understand the claimant's version of events and the specific legal claims being made. Identify the deadlines and clarify who is bringing the claim and whether the employee is still employed. 

Inform relevant team members in the business, such as HR and senior managers, while maintaining confidentiality. Gather the employee's full personnel file, relevant emails, meeting notes, investigation reports, policies, disciplinary records, and performance reviews. 

You will have to submit an ET3 Response: Submit your response to the tribunal (ET3) within 28 days of receiving the claim. Ensure your response is clear and factual and aligns with the employee's claims. 

Follow the pre-hearing procedures which includes using the Early Conciliation Scheme through ACAS, which encourages parties to resolve the dispute without resorting to a tribunal. If an agreement cannot be reached, ACAS will issue an Early Conciliation Certificate and the dispute will go to a tribunal. 

When preparing for the hearing, understand what to expect on the day, including the tribunal's role, the structure of the hearing, and the potential outcomes. Familiarize yourself with the tribunal's procedures and the legal precedents that may affect your case. It can be helpful to talk to a local Employment Lawyer who can review the case, explain how tribunal’s operate and even represent you if you need professional help and support.

By following these steps, employers can ensure they are well-prepared for the tribunal process and can present a strong case to the tribunal.