Facing a Tribunal Claim? Here's Why You Shouldn't Handle It Alone

You have 28 days to act. And how you act can be the difference between successfully defending the claim and paying out a large sum of money you potentially cannot afford.

For most small business owners, this is territory they have never been in before. So here is what actually happens if a claim comes through, and what your options are.



What happens before the claim comes through

Before an employee can take you to tribunal, they have to go through ACAS first to try and reach a settlement without going any further.

The employee does not have to settle, but they cannot skip this step.

When you hear from ACAS, that is your earliest warning that a claim may be on its way. It is also your first opportunity to resolve things before the formal process begins.

If conciliation does not resolve it, the employee files their claim. You then have 28 days to respond in writing. Miss that window and a judgment can be entered against you automatically.

Your written response is not a box ticking exercise. It is the foundation of your entire defence. Everything you say in it has to match your supporting evidence, which means it needs to be right first time.

After that, both sides prepare and share their documents, witness statements and a timeline of events ahead of a final hearing.

One more thing worth knowing. Discrimination and whistleblowing claims now make up 60% of all cases and carry the highest payouts. Hearings in some parts of the UK are being scheduled into 2027 and 2028, so a claim could end up hanging over your business for a very long time.

Why going it alone is risky

It can be tempting to deal with a tribunal claim without professional support. Perhaps to save money, or because you simply do not know who to turn to.

But handling it alone is often far more expensive and stressful than getting proper help from the start.

Here is what a claim can cost you if you lose:

• Average payout for unfair dismissal in 2023/24: £13,749
• Average payout for sex discrimination: £53,403
• Average payout for age discrimination: £102,891

And from January 2027, the cap on unfair dismissal payouts will be removed entirely. Those figures will only rise.

On top of any payout, there is also the significant management time lost to dealing with the process, gathering evidence and preparing for hearings.

What professional support actually looks like

When you bring in an HR consultant the moment a claim arrives, someone reviews it straight away and works out your strongest position before anything is filed.

An experienced HR professional will also:

• Draft your written response so it is consistent with your evidence from the very start
• Advise you at each stage on whether settling early makes more financial sense than going to a hearing
• Prepare your full document bundle, witness statements and hearing paperwork to the standard the tribunal expects
• Identify whether the claim has grounds that could be challenged or struck out before it goes any further
• Make sure you do not miss any procedural deadlines that could automatically go against you

Beyond the practical support, business owners consistently say the biggest value is the reassurance and clarity that comes from having a professional alongside them the whole way through.

Do not wait to get help

We support small business owners through the entire tribunal process. That includes advising on your response, preparing your documents and representing you at hearings.

The sooner you get support, the stronger your position will be.

Received a tribunal claim, or heard from ACAS about a potential one? Get in touch today and we can talk it through confidentially.

📞 0161 757 7576
📧 info@hrtoolbox.co.uk
🌐 www.hrtoolbox.co.uk