What happens if I receive an Employment Tribunal claim over the festive period?
By James Tait, Chamberlain Hamnett
I have been asked countless times to run employment law training after an over- eventful Christmas party.
Most Christmas parties are filled with fun and camaraderie between co-workers, but what happens if something goes wrong?
Christmas parties are seen by the law as extensions of the workplace, and what happens on tour does not necessarily stay on tour.
I was once asked to step in and deal with a Christmas party that carried on until 8.30am in the workplace kitchen of a client, with the drinks still flowing and people smoking in the workplace kitchen.
The party only stopped when non-revellers came in to work to find the workplace completely unsuitable smelling of alcohol and cigarette smoke. Two of the individuals lost their jobs, and then claimed unfair dismissal.
Successfully defending an Employment Tribunal claim begins with a clear, organised, and evidence-based response. As soon as a claim is received, you need to quickly. The ET3 response form must be submitted within the deadline (which is set out in the pack from the Employment Tribunal), and it should address each allegation directly and accurately. A late or incomplete response can severely weaken your defence, or mean that you are debarred from defending the proceedings altogether.
The next crucial step is gathering evidence. Tribunals decide cases based on facts, so you need to compile all relevant documents—emails, contracts, policies, meeting notes, performance records, and grievance or disciplinary paperwork. Ensure everything is preserved, even if it appears unhelpful; ultimately, you have to disclose everything that is relevant to the case, whether it is harmful to your case or not. You might also find that an individual submits a Data Subject Access Request where they can request all documentation about them.
A strong defence also relies on demonstrating that your own procedures were followed. Whether the issue concerns dismissal, discrimination, or pay, the Tribunal will closely examine the process taken. If you have a disciplinary policy, did you follow it? Showing that investigations were thorough, decisions were reasonable, and the employee was given an opportunity to respond can significantly strengthen your position. Even in the most clear cut cases, failing to follow your own procedures can render the ultimate decision unfair.
Witness statements are another vital component. Statements should be clear, chronological, and factual rather than opinion-based. Witnesses must be prepared for cross-examination and understand the importance of openness, honesty and consistency.
You should also consider settlement where appropriate. Sometimes hearings are listed for days, if not weeks or even months in extreme cases. Proceedings are stressful, expensive, and can take up huge internal resource and management time. Exploring early conciliation with ACAS or negotiating a resolution does not signal weakness; it can save significant time, cost, and risk if the claim is unpredictable.
As the hearing approaches, prepare a bundle and chronology that are well-organised and easy for the Tribunal to navigate. During the hearing itself, remain professional, answer questions directly, and avoid defensiveness. Tribunals appreciate clarity, respect, and a willingness to assist the process.
By responding promptly, gathering robust evidence, and presenting a clear, fair narrative, employers can place themselves in the strongest possible position to successfully defend an Employment Tribunal claim.
James Tait is a Partner at Chamberlain Hamnett, a boutique law firm specialising exclusively in Employment law and Corporate law
