Good reasons to defend some Employment Tribunal claims

Last Updated: August 10th, 2023

Employment tribunal claims have been increasing in number, posing significant challenges for employers across the country. These claims arise from various issues such as unfair dismissal, discrimination, or breach of contract and can have serious financial and reputational implications for your business.

Reasons to consider defending an employment claim may include :-

Your Reputation

Taking a proactive stance against employment tribunal claims demonstrates your commitment to fair and lawful practices in the workplace. Settling claims without contest can also inadvertently create an image of vulnerability, potentially attracting further claims from disgruntled employees. By maintaining a strong defence for the right claims, you can protect your reputation and discourage future litigation.  Although a claimant’s threat often includes that of bad publicity, how serious a threat is that really to your organisation?

Look at each claim on it’s merits

Not all employment tribunal claims are well-founded or substantiated. By actively considering the validity of claims, factually and legally, you will learn about what you are getting right and wrong and ensure that you do not just settle employee claims as a default reaction. This approach sends a clear message that you are willing to defend your position when necessary, potentially dissuading others from pursuing baseless claims.

Financial Considerations

Settling employment tribunal claims often involves monetary compensation that may exceed the merits of the case. By diligently assessing the strength of your defence, you can avoid unnecessary financial burdens. Engaging skilled solicitors to evaluate the facts, gather evidence, and construct a robust defence strategy can greatly enhance your chances of success, ultimately saving your organisation significant expenses.

Precedent Setting

Employment tribunal decisions can set legal precedents that affect future cases. By contesting claims and challenging unfavourable rulings, you can contribute to the development of case law that aligns with your interests. This proactive approach benefits not only your business but also the wider business community, ensuring a fair and balanced legal framework.

Alternative Dispute Resolution

Settling claims bypasses the opportunity for alternative dispute resolution methods such as mediation or conciliation. These processes often lead to mutually acceptable outcomes, allowing both parties to maintain a working relationship, learn from the experience, and implement necessary changes in the workplace.

How we can help

While each case is unique, settling may be appropriate in certain circumstances. However, we encourage you to consult with our experienced solicitors before making any decisions. Our team is well-versed in employment law and can provide valuable insights into the strengths and weaknesses of your case, empowering you to make an informed choice that aligns with your organisation’s best interests.


Alex Kleanthous

A highly experienced, tactically astute yet practical litigation lawyer, Alex has 30 years experience in resolving disputes.

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Call us on 020 7438 1060 or complete the form and one of our team will be in touch.