Short answer
Prepare the claim form, response deadline, ET3 draft or submitted response, contracts, policies, pay records, ACAS details, witness list and a dated chronology of the employer's position.
Quick checklist
Start with these
Best order
How to organise the first pack
- Put the response deadline and hearing dates at the top.
- Summarise each allegation and the employer's answer to it.
- Add the contract, policies and relevant HR process documents.
- Place key emails, messages and meeting notes in date order.
- Explain the specific advice, drafting or representation needed.
Start With The Claim And Deadline
An employment tribunal defence enquiry should begin with the ET1, the tribunal's notice of claim, the response deadline and any ACAS Early Conciliation details. This helps the barrister understand the timetable before assessing evidence or drafting scope.
The employer's first note should identify the claimant's role, employment dates, pay, main allegations and the names of managers or witnesses involved.
Documents To Gather
A focused pack should separate the formal tribunal papers from the employment documents and the factual evidence.
- ET1 claim form, tribunal notice, case number, response deadline and any orders.
- Draft or submitted ET3 response, grounds of resistance and representative details.
- Employment contract, job description, handbook, policies and any variation letters.
- Disciplinary, grievance, capability, redundancy, absence or performance records.
- Emails, messages, meeting notes, investigation material and witness contact details.
- Pay, holiday, bonus, commission, rota or working-time records if money claims are made.
How A Barrister May Help
A barrister may be asked for advice on merits, response drafting, case strategy, applications, settlement, witness evidence, skeleton arguments or representation at a preliminary or final hearing.
Where the employer needs ongoing correspondence, disclosure management, settlement implementation or broad litigation administration, solicitor involvement may be needed alongside or before barrister input.
Review Points
Claims involving discrimination, whistleblowing, interim relief, multiple claimants, limitation, jurisdiction, protected conversations or without-prejudice material need careful legal review.
This guide is not legal advice and does not calculate tribunal deadlines or assess whether a defence is likely to succeed.
Avoid delays
What not to send first
- Sending HR papers without the ET1 or tribunal deadline.
- Assuming settlement discussions can be disclosed without review.
- Leaving out documents that do not support the employer's case.
- Waiting for a quote before taking urgent tribunal timetable advice.
Source/review note: checked against HMCTS ET3 response guidance, the online Employment Tribunal response service and BSB Public Access guidance in August 2026. Response deadlines, strike-out, deposit orders, settlement, discrimination and protected disclosure issues need specialist employment review before publication.
Editorial status: source and legal review required. No completed legal review is claimed.
Employer Tribunal Defence Barrister Evidence Guide FAQs
What should an employer send first after receiving an employment tribunal claim?
Send the ET1 claim form, tribunal correspondence, response deadline, ACAS details and a short chronology identifying the people, dates and documents relied on.
Can a barrister draft or review an ET3?
A barrister may be able to draft or review a response where the work can be scoped and the papers are complete. Some cases may still need solicitor support for litigation conduct.
Does asking for a quote extend the tribunal response deadline?
No. A quote request does not pause a tribunal deadline. Urgent timetable points should be placed at the top of the enquiry.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
