Employment Tribunal Representation in England and Wales: Compare Options

Employers in England and Wales may defend a tribunal claim themselves or appoint a representative; Acas and mediation facilitate settlement but do not present the employer’s defence.[1][2][3]

This guidance covers England and Wales. Claims in Northern Ireland go to the Office of Industrial Tribunals and the Fair Employment Tribunal, which run a separate process.[7]

Compare representation and settlement options

Acas conciliation

Advocacy role: Acas is neutral. It speaks to both parties to facilitate settlement, does not present the employer’s defence or discuss the case with the tribunal, and does not share conciliation discussions without permission.[2]

Tribunal-phase coverage: Conciliation can continue during proceedings until judgment, but Acas does not take responsibility for the ET3, evidence, witnesses or hearing advocacy.[2]

Power to settle: Acas can record agreed terms in a COT3, which it describes as legally binding. Participation in conciliation is voluntary, and Acas does not determine the tribunal outcome.[2]

Self-representation

Advocacy role: An employer may present its own case. Alternatively, a representative may be a colleague, friend or relative and need not be legally qualified or experienced.[1][3][5]

Tribunal-phase coverage: Self-representation is available throughout, leaving the employer responsible for response, preparation and hearing work unless it outsources specific tasks.[3][5]

Power to settle: If someone represents the employer in settlement talks, Acas says the representative may agree a binding settlement but should secure the represented party’s approval before acceptance.[1]

Solicitor or barrister representation

Advocacy role: Solicitors and barristers commonly represent parties at hearings. Fosters also advertises solicitor support with the ET3, evidence, settlement negotiations, and preliminary and final hearings.[3][6]

Tribunal-phase coverage: Coverage depends on the written engagement. The cited Adam Bernard and Fosters pages do not set out complete phase-by-phase scope.[4][6]

Power to settle: Acas says an authorised representative may conclude a binding settlement but should ensure the represented party approves it before acceptance.[1]

Private or judicial mediation

Advocacy role: Mediation facilitates settlement rather than presenting either party’s defence.[3]

Tribunal-phase coverage: Parties may arrange private mediation. Tribunal-offered judicial mediation is used in more complex cases, requires agreement and may involve a day of judge-assisted discussions.[3]

Power to settle: The employer, not the mediator, decides whether to approve terms. Settlement may be documented through an Acas COT3 or, where Acas does not finalise it, through a settlement agreement.[2][3]

Acas conciliation or mediation can run alongside legal representation. If neither resolves the dispute, the ET3, evidence, witnesses and hearing advocacy still need to be allocated.[2][3]

Check which dates control the case

GOV.UK says an employer must respond to a claim within 28 days, may ask the tribunal for more time, and risks a decision without a hearing if the response is late or missing.[7] Use the date in the tribunal’s letter rather than calculating it from a generic guide: Lewis Silkin counts the 28 days from the date the tribunal sent the claim, and Adam Bernard from receipt.[3][4]

The ET3 can be submitted online or on the paper form, which can also be delivered in person to a main tribunal office.[7] Lewis Silkin adds that the response cannot be sent by email.[3]

• ET3: Follow the deadline and submission instructions in the tribunal notice.[3][7]
• Preparation: Follow every date in case-specific tribunal orders.[3]
• Hearing: Work back from the listed date. Published pre-hearing intervals are planning aids; tribunal orders set the case-specific timetable.[3][4]

After a decision, GOV.UK says a request to reconsider must reach the tribunal office in writing within 14 days of getting the decision, with good reasons.[8] Lewis Silkin says an appeal to the Employment Appeal Tribunal is normally due within 42 days after full written reasons were sent.[3] Check the judgment and take advice before acting.

Allocate every stage in writing

Tribunal directions commonly cover disclosure, the hearing bundle and witness statements, so the engagement should give each task an owner and defined output.[3] This fictional allocation illustrates the questions to settle; it is not a named provider’s standard service.

• ET3 response: HR or management supplies the chronology and records; the solicitor drafts the response and grounds of resistance; an authorised employer officer approves it. Name who will submit the ET3 and confirm receipt.
• Disclosure: The employer identifies document custodians and collects potentially relevant material. The representative advises on relevance and reviews the proposed disclosure. Documents may include emails, rough notes, recordings, minutes and computer files.[3]
• Hearing bundle: Allocate responsibility for agreeing, indexing, paginating, producing and updating the bundle. The respondent normally prepares the agreed bundle, but the engagement should say whether the representative will handle it.[3]
• Witness evidence: Managers identify witnesses and provide initial accounts; the representative interviews them, checks their evidence against the documents and drafts or reviews their statements. Preparation should cover cross-examination and possible tribunal questions.[3][4]
• Preliminary hearing: Name the attending solicitor, barrister or employer representative, the person preparing any agenda or position document, and the person responsible for reporting resulting orders. In complex cases, a preliminary hearing may define the issues and set preparation directions.[3]
• Final hearing: Identify the advocate, who prepares witnesses and submissions, who reports to the employer and who provides cover if the hearing overruns. A hearing may be in person, online or hybrid.[3]
• Remedy and follow-up: Confirm whether the engagement includes a separate remedy hearing, review of written reasons, reconsideration or appeal advice, enforcement work and file closure.[3]

Set settlement authority before negotiations

Acas says an authorised representative may commit the represented party to a binding settlement but should ensure the party approves the terms before acceptance.[1] The engagement should therefore define authority rather than leave it implied.

Record:

• Explore: who may discuss possible terms without making an offer.
• Offer or reject: who may propose figures, reject demands or revise an offer, and the applicable ceiling.
• Recommend: who advises whether proposed terms should be accepted.
• Accept: the named person with final authority to bind the employer.

Set approval requirements for references, confidentiality wording, announcements and agreed departure language. Name a primary approver, reserve approver and escalation route, with a response window suitable for live hearing negotiations.

Require approval through a defined written channel before acceptance. Also state whether Acas will record the terms in a COT3, which Acas describes as binding and enforceable if breached,[2] or whether the parties will use a settlement agreement. Lewis Silkin says the latter should contain the required provisions and involve independent legal advice for the claimant.[3]

What to confirm with each provider

Adam Bernard says its fees are fixed and agreed upfront, but neither its page nor Fosters’ publishes itemised prices, so request a written quote.[4] The cited Adam Bernard and Fosters pages also do not publish VAT treatment, counsel’s fees, disbursements, staged caps, payment dates, overrun rules, cancellation terms, professional-indemnity details or comparative outcome and response-time data.[4][6]

Request a tailored quotation and engagement letter covering:

• Every phase: initial review, ET3 drafting, disclosure, bundle preparation, witness statements, preliminary hearings, settlement work, the final hearing, any remedy hearing and post-hearing advice.
• Total cost: whether counsel is included; whether VAT and expenses are additional; fixed-fee assumptions; payment dates; and what triggers a revised quotation.
• Variations: charges for adjournments, hearing overruns, additional witnesses, amended claims, extra bundle work and urgent applications.
• Contract terms: retainer length, cancellation and termination rights, notice requirements, refunds, conflicts checks, professional-indemnity information and service standards.
• Settlement authority: who may make, reject or accept offers, approval ceilings, escalation contacts and expected approval times.

The available pages do not publish enough information to rank the named firms reliably by total price or success rate.[4][6]

Choose coverage without leaving gaps

1. Confirm the next controlling date from the tribunal notice or case-specific order.[3][7]
2. Assess available management time, internal capability, legal risk and budget.
3. Give every stage a named internal or external owner.
4. Decide which tasks require legal advice or hearing advocacy.
5. Set written limits for making, rejecting and accepting settlement offers.[1]
6. Compare written proposals on the same phases, fees, exclusions and likely extras.

Legal representation is not invariably necessary: employers may represent themselves or appoint someone who is not legally qualified.[1][3][5] The cited guidance particularly recommends legal support for complex discrimination, whistleblowing or multiple-claim cases, without guaranteeing an outcome.[3][6]

Before appointment, the engagement should identify who owns the ET3, disclosure, bundle, witnesses, each hearing, settlement approval and post-hearing advice, together with the applicable fees and exclusions.

References

1. Representing someone — Early conciliation — Acas (acas.org.uk)
2. If you're being taken to tribunal — Early conciliation — Acas (acas.org.uk)
3. A brief guide to the Employment Tribunal process — Lewis Silkin (lewissilkin.com)
4. Employer’s Guide to Defending an Employment Tribunal Claim — Adam Bernard (adambernards.co.uk)
5. Representing yourself at employment tribunal — Advicenow (advicenow.org.uk, 2024)
6. Employment tribunal defence — Preparing Your Case as an Employer — Fosters Solicitors (fosters-solicitors.co.uk)
7. Being taken to an employment tribunal — GOV.UK (gov.uk)
8. Being taken to an employment tribunal: if you disagree with a tribunal decision — GOV.UK (gov.uk)