Support from an HR consultant in Bury St Edmunds to help you respond to a tribunal claim properly and protect your business from costly mistakes.
I’ve been working with more business owners recently who’ve had contact from ACAS out of the blue.
For most of them, it’s the first time they’ve ever dealt with anything like it. The instinct is usually to try and sort it out themselves.
That instinct can end up being very expensive.
The financial risk attached to tribunal claims has been climbing steadily, and from January 2027 the cap on unfair dismissal payouts disappears altogether.
Here’s what you need to know and how to put yourself in the strongest position.
The cost of getting it wrong
Before we get into the process itself, it’s worth understanding what’s at stake financially if a tribunal goes against you.
In 2023/24, the average payout for unfair dismissal was £13,749. For sex discrimination, it was £53,403. Age discrimination claims averaged £102,891.
Those are averages. Some payouts are far higher.
And from January 2027, the cap on unfair dismissal compensation is being removed entirely. That means the potential cost of losing a case will increase further still.
Beyond the money, there’s the time you personally lose dealing with the process. Hours spent gathering documents, preparing statements, attending hearings. That’s time taken directly away from running your business.
How the process actually works
An employee can’t go straight to tribunal. They’re required to contact ACAS first, and ACAS will then get in touch with you to try to reach a resolution through what’s called early conciliation.
The employee doesn’t have to accept any settlement at this stage. But they do have to go through the ACAS process before they can file a formal claim.
So when ACAS contacts you, treat it seriously. It’s your first opportunity to resolve things before the formal machinery starts turning.
If conciliation doesn’t work, the employee submits their claim to the tribunal. You then have 28 days to file a written response. If you miss that deadline, a judgment can be made against you automatically, without a hearing.
Your written response carries real weight. It forms the basis of your entire defence going forward. Everything in it needs to line up with the evidence you hold. Getting it wrong at this stage can undermine your position for the rest of the case.
Once responses are filed, both sides exchange documents, prepare witness statements, and agree a timeline of events before the final hearing takes place.
Why discrimination and whistleblowing claims matter more than ever
One thing I want to flag specifically: discrimination and whistleblowing claims now account for 60% of all tribunal cases. They also carry the highest payouts.
On top of that, tribunal hearing dates in some parts of the UK are being scheduled into 2027 and 2028. A claim filed today could hang over your business for years before it’s resolved.
That length of time takes a toll. It affects your focus, your energy, and sometimes your ability to make decisions about the business without worrying about the case in the background.
Trying to manage it yourself
I understand the temptation to deal with a claim on your own. You might want to save money, or you might simply not know where to turn for help.
But the reality is that managing a tribunal claim without professional support usually costs more in the long run. The process is technical, the deadlines are strict, and one mistake in your paperwork can weaken your entire case.
Your written response alone needs to be carefully constructed so that every point aligns with your documentary evidence. If there are inconsistencies, the other side will use them against you at the hearing.
Then there’s the question of whether settling early might actually be the smarter financial decision. Without someone experienced advising you, it’s hard to weigh that up objectively.
What professional support looks like in practice
When you bring in HR consultancy services in Bury St Edmunds from the moment a claim arrives, the first thing that happens is a full review of the claim itself. We look at the grounds, assess the strength of your position, and work out the best approach before anything is submitted.
From there, practical support includes:
- Drafting your written response so it’s consistent with your evidence from the start
- Advising at each stage on whether an early settlement makes better financial sense than going to a full hearing
- Preparing your document bundle, witness statements, and all hearing paperwork to the standard the tribunal expects
- Reviewing whether the claim could be challenged or struck out on procedural or legal grounds
- Keeping track of every deadline so nothing is missed
The business owners I work with often tell me that having someone alongside them throughout the process made the biggest difference. Not just for the practical tasks, but for the clarity and confidence it gave them at each step.
Questions worth asking yourself
If you’ve received contact from ACAS, or if you’re concerned a claim might be coming, it’s worth thinking about a few things:
- Do you have all the documentation you’d need to support your position, including meeting notes, letters, and policy records?
- Could your written response stand up to scrutiny from the other side’s legal representative?
- Do you know whether settling early would save your business money compared to going to a full hearing?
- Are you confident you won’t miss any of the procedural deadlines that could result in an automatic judgment?
If the answer to any of those is no, or even maybe, it’s worth having a conversation sooner rather than later.
Get in touch
We work with small business owners through every stage of the tribunal process, from the initial ACAS contact right through to the hearing itself.
As an outsourced HR consultant in Bury St Edmunds, I can review your situation, talk you through your options, and help you take the right steps from the outset.
The earlier you reach out, the stronger your position will be.
If you’ve had contact from ACAS or received a tribunal claim, get in touch today. We can talk it through confidentially and work out the best way forward for you and your business.
