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How to respond to an employment claim
Before responding to a claim
Before you file, make sure you:
- View details of the claim made against you on the Community Justice and Tribunals System (CJTS).
- You will be able to view the case details, file applications, monitor the progress of the case and check when you have to attend court once you have logged in.
- Understand the process of responding to an employment claim.
- Understand the orders the Employment Claims Tribunals (ECT) can make.
Tip
All applications must be filed through CJTS. If you need access to computers to respond to your claim, visit the Business Centre at the State Courts, Level 2 during operating hours.
Options you can take
If you have an employment claim filed against you, you will be known as the respondent .
The other party is known as the claimant.
Some of the options you can take are:
If you do not dispute the claim, you may resolve it by initiating an online negotiation or mediation on CJTS.
If a settlement is reached online:
- Parties may apply to have the agreed terms recorded as a consent order by selecting Request for Order of Tribunal in the CJTS, subject to the ECT's approval.
- The claimant may then withdraw the claim by selecting Withdrawal Request Form in CJTS. When a claim is withdrawn, the matter will be taken as concluded and there will be no further proceedings at the ECT.
If a settlement is not reached, or if an application for a consent order is not approved by the ECT, you will have to attend the CMC as stated in the Notice of CMC.
If you do not agree with the claim, you must file and serve a response within 7 working days after being served with the claim. A response sets out your defence to the claim and may be filed online on CJTS.
Key facts
Refer to the following to find out how to file and serve a response.
When to file | Within 7 working days after being served with an employment claim. |
When to serve | Within 7 workings days after the date of filing of the response. |
Filing fees |
|
How to apply | Through the Community Justice and Tribunals System (CJTS). |
What you will need
You should prepare the following (where applicable) before you file:
- Your claim or application number.
- Your response.
- A soft copy of your supporting documents in PDF format
- You may submit audiovisual recordings and their transcripts as evidence. Each item should not exceed 5MB.
How to file and serve
You will need to follow these steps to respond to a claim:
- Log in to CJTS. Under the Online Applications tab, select Response and follow the instructions to fill in the required information.
- For detailed instructions, refer to the CJTS user guide for filing employment disputes (PDF, 4.54 MB).
- Print and serve a copy of your response on the claimant within 7 working days after the date of filing of the response. You may serve the documents on the claimant through one of the following ways:
Service method | What it is |
|---|---|
Personal Delivery | Delivering hard copies of the documents personally to the claimant. |
Registered post | (If to an individual) Sending hard copies of the documents to the claimant's last known residential or registered address in an envelope addressed to them. |
Others | Delivering the documents by any means (including fax or email) as directed by the ECT. |
- File a declaration of service (DOS) with proof of service after serving your response to the claimant within 4 weeks of the date of filing of the response or before the date of the first CMC, whichever is earlier.
- Log in to CJTS. Under the Online Applications tab, select Declaration of Service, enter the Response number and follow the instructions. For detailed instructions, refer to the CJTS user guide for filing employment disputes (PDF, 4.54 MB).
Example
Examples of proof of service include a SingPost registered post slip or a form signed by the claimant to acknowledge they received the documents from you.
If you alsohave an eligible claim against the claimant, you may file a counterclaim against the claimant.
Note
A counterclaim can be filed only after you and the claimant have first gone through mediation at the Tripartite Alliance for Dispute Management (TADM) in respect of the counterclaim.
Key facts
Refer to the following to find out about filing a counterclaim.
When to file | Within 7 working days after being served with an employment claim. |
When to serve | Within 7 workings days after the date of filing of the counterclaim. |
Filing fees |
|
How to apply | Through the Community Justice and Tribunals System (CJTS). |
How to file
Log in to CJTS. Under the Online Applications tab, select Counterclaim Form.
The steps to filing a counterclaim will then follow the same process as filing an employment claim.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Refer to The Employment Claims Tribunals Guide (PDF, 2.17 MB).
Legislation associated with this topic includes:
Refer to Paragraph 142 of the State Courts Practice Directions for employment claims.
Related questions
No, an employer cannot prevent a claim from being filed by an employee. All employees covered under the Employment Claims Act are entitled to file a salary-related claim with the Employment Claims Tribunals (ECT).
If an employer does not agree to a claim made against it, the employer may file a response online using CJTS. The employer should log into CJTS using the one-time reference number found on the Notice of CMC which the employer should have received from the employee together with the claim.
The employer may then continue to present their case during the CMC and the ECT hearing.
Go to Step-by-step guide
Step-by-step guide
Respond to an employment claim
Resolve the dispute online
File an application, if needed
2021/07/23
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