What to do if…
you are threatened with legal action over a mistake made at work

What to do now

1. Get the threat into a clear written form. If it was verbal, send a short neutral note: “Please confirm in writing what legal action is being threatened, by whom, what the allegation is, and what you are asking me to do by when.”

2. Preserve what already exists without altering it. Keep relevant emails, messages, tickets, logs, meeting invites, file versions, approvals, and instructions where they already are in the work system. Separately, make a private factual timeline from memory: dates, people involved, what you did, what you were told, and where the records are.

3. Ask what process is being used right now. Ask whether this is an internal fact-finding investigation, a disciplinary process, a grievance or complaint process, an insurance matter, a regulator matter, an external legal claim, or a pre-action letter.

4. Ask for the allegation and evidence in writing. Request the complaint, incident report, allegation letter, relevant policy or procedure, and any documents they say show the mistake. Keep your request short and practical.

5. Bring support in early.

   • If you have a trade union, contact them now and ask for representation.
   • At a disciplinary hearing that could result in a formal warning or other disciplinary action, an employee or worker has the right to be accompanied.
   • At a grievance meeting, the right to be accompanied applies where the grievance is about an employer breaching a legal or contractual duty.
   • The usual legal categories of companion are a colleague, a certified workplace trade union representative, or an official employed by a trade union. An employer may allow someone else, and reasonable adjustments may be needed for a disabled worker.
   • At a disciplinary investigation meeting, there is generally no legal right to be accompanied, but an employer may allow it. Ask in writing.

6. If you are invited to a meeting, set simple boundaries in writing. Ask whether the meeting is fact-finding or disciplinary, who will be present, what documents will be used, whether notes will be taken, whether you may bring a companion, and for reasonable time to prepare.

7. If you receive a solicitor’s letter, pre-action letter, or “letter before action”, do not ignore it. Acknowledge receipt briefly, say you are seeking advice, and avoid arguing the case in that first reply. If the deadline is short, ask for a short extension in writing, but do not assume an extension has been agreed unless they confirm it.

8. If you receive court papers, treat them as urgent. Keep the envelope, email, or service details, note the date received, and get legal advice before responding. Do not miss a court deadline while waiting for your employer, insurer, union, or another person to reply.

9. If suspension is mentioned, keep it procedural. Ask for the suspension decision and terms in writing, including whether it is with pay, expected duration, review points, work access, and contact restrictions. Do not argue the merits in the moment.

10. Check insurance, regulator, and professional notification routes before giving a detailed response. If your work is covered by professional indemnity insurance, employer insurance, a membership body, or a regulator, ask who must be notified and whether any admission or apology could affect cover or professional duties.