Received an Employment Discrimination Claim — What UK Employers Must Do

Opening a letter or email to find that someone has made a formal discrimination claim against your business can feel like the ground has shifted beneath you. Take a breath. This document — whether it is a claim form from an employment tribunal or a formal grievance from a current or former employee — does not mean you have automatically done something wrong. What it does mean is that you need to understand exactly what you are dealing with and respond in the right way, at the right time.

What does this actually mean?

Under the Equality Act 2010, employees and job applicants have legal protection from discrimination based on what the law calls protected characteristics. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

A discrimination claim typically means that someone believes you — or someone acting on your behalf — treated them unfairly because of one of these characteristics. There are several types of treatment covered by the Act:

• Direct discrimination — treating someone worse than others because of a protected characteristic
• Indirect discrimination — applying a rule or practice that puts people with a protected characteristic at a disadvantage, without a justifiable reason
• Harassment — unwanted conduct related to a protected characteristic that violates someone's dignity or creates an intimidating or hostile environment
• Victimisation — treating someone badly because they raised or supported a discrimination complaint

If the claim has reached an Employment Tribunal — the specialist court in England, Wales, and Scotland that handles workplace disputes — you will have received an ET1 form, which is the claimant's formal claim document. In Northern Ireland, equivalent claims are heard by the Industrial Tribunal.

Do you need to act immediately?

Yes — and this part matters. Missing key deadlines can seriously damage your position, even if the original claim has little merit.

Once you receive an ET1, the Employment Tribunal will send you a corresponding document called an ET2 (the claim notification) alongside a blank ET3 form — this is your formal response as an employer. You have 28 days from the date the ET2 was sent to you to submit your ET3 response. If you miss this deadline without a good reason, you may be barred from participating in the tribunal process at all.

Before the tribunal stage, most claims go through ACAS Early Conciliation. ACAS (the Advisory, Conciliation and Arbitration Service) is a government-funded body that helps resolve workplace disputes without going to tribunal. If the claimant has only just raised a grievance internally, or if the claim is still at the ACAS stage, you may have a little more time — but do not assume that buys you weeks of inaction.

Your next steps

1. Note the exact date you received the ET2. Count 28 days forward and mark that as your hard deadline for submitting the ET3. Do this before anything else.
2. Read the ET1 carefully. Understand exactly what the claimant is alleging, which protected characteristic is involved, and what outcome they are seeking — this might be compensation, reinstatement, or a declaration of their rights.
3. Preserve all relevant documents. Do not delete emails, HR records, performance reviews, disciplinary notes, or any communications related to the claimant. Destroying or altering documents, even accidentally, can be treated very seriously by a tribunal.
4. Notify your HR team or manager responsible. If you have an HR department, loop them in immediately. If you have employment practices liability insurance, check your policy and notify your insurer — some policies require prompt notification.
5. Consider whether ACAS conciliation could resolve this. Even after an ET1 is filed, settlement through ACAS is possible and often preferable to a full tribunal hearing, which can be time-consuming and costly for both sides.
6. Begin drafting your ET3 response — with help. Your response should set out your version of events clearly and factually. Avoid being defensive or emotional in the document itself.

When should you speak to a solicitor?

Honestly, as soon as possible — ideally within the first day or two of receiving the claim. Employment discrimination cases can be legally complex, and an experienced employment solicitor can help you assess the strength of the claim, structure your ET3 response, and advise on whether settlement makes sense. This is especially important if the claim involves a dismissal, a senior employee, multiple claimants, or allegations that could attract significant compensation. Tribunal awards in discrimination cases have no upper cap, unlike some other types of employment claim, which means the financial stakes can be substantial.

If you have received a discrimination claim and want to understand your position quickly, CaseBridger is a free tool that gives you instant AI-powered guidance on your specific situation and can help you find a qualified employment solicitor to support you through the process.