Respond to a claim
To respond to a claim please click here.
Information needed before a response can be accepted
The tribunal cannot accept your response unless it is the approved form and you provide certain information. By law, you must tell us:
- your full name and address;
- whether you want to resist (defend) all or part of the claim; and
- the grounds on which the claim is being resisted.
If your response is not on the approved form, provided by the Employment Tribunals Service, or does not contain the information shown above, it will be returned and the claim dealt with as if we had not received a response.
Reasons for the tribunal to reject your response
Your response will not be accepted if:
- Your response is not on an approved form provided by the Employment Tribunals Service
- The tribunal office does not receive your response within the time limit
- Your response does not provide all the required information.
In these circumstances, the tribunal can consider issuing a default judgment. A default judgment allows an Employment Tribunal Judge to give a decision about the claim without the claimant having to go to a hearing.
What happens when the tribunal receives my response?
If the tribunal accepts your response, a copy will be sent to the claimant.
In most cases, we will also send a copy to Acas, which is the independent conciliation service, who will try to help you and the claimant reach an agreed settlement.
Breach of contract claims
If a claimant is no longer employed, he or she may make a claim against an employer for breach of contract. In certain circumstances, this entitles you to make a counterclaim. Any such counterclaim must be made within six weeks of receiving the copy of the claim from the tribunal office. If you wish to make a counterclaim, please ask the tribunal office to send you a form.
What is a default judgment?
If a response is not received within the time limit or fails to supply the necessary information, it will not be accepted. In these circumstances, a default judgment may be issued. A default judgment allows an Employment Tribunal Judge to give a decision about the claim without the claimant having to go to a hearing.
How can I get the tribunal to review a default judgment?
You can apply to the tribunal to ask it to review a default judgment. You must apply in writing within 14 days of the date the judgment was sent by the tribunal office. (An Employment Tribunal Judge may extend the time limit for reviewing a default judgment but only if they think it is just and equitable to do so). You must say why you believe the default judgment should be changed or withdrawn.
When it is the respondent applying for a review of a default judgment, the application must include:
- the respondent's response to the claim;
- an application to extend the time limit for presenting the response; and
- an explanation of why a response containing the necessary information or an application to extend the time limit for response was not provided within the time limit for responding.
The tribunal has the power to refuse to review the default judgment, confirm it, change it or withdraw it. An application for review does not change the time for making an appeal. You may appeal while waiting for the result of the application.
