What to do if…
you are threatened with legal action over a mistake made at work
Short answer
Pause, keep everything factual and in writing, and get support before you respond. Your first job is to preserve records and avoid rushed admissions or signatures.
Do not do these things
- Do not reply in anger, speculate, or apologise in a way that accepts personal legal liability.
- Do not sign anything “to make it go away” (statements, settlement agreements, repayment plans, resignation letters) without advice.
- Do not destroy, edit, backdate, or “tidy up” records—even if you feel embarrassed.
- Do not move confidential documents off work systems or send them to personal email/accounts if that breaches policy or confidentiality duties.
- Do not discuss details widely at work, or post about it on social media.
- Do not contact the complaining customer/client/other party directly if your employer has a complaints/legal route.
What to do now
- Get the threat into a clear written form. If it was verbal, send a short note: “Please confirm in writing what legal action is being threatened, by whom, what the allegation is, and what you’re asking me to do by when.”
- Preserve what already exists (do not alter anything). Keep relevant emails, messages, tickets, logs, meeting invites, and document versions as they are in your work systems. Separately, write a private factual timeline (dates, who was involved, what you did, what you were told).
- Ask what process is being used right now. Clarify whether this is:
- an internal investigation (fact-finding),
- a disciplinary process,
- a grievance/complaint process, and/or
- an external civil claim (for example a “letter before action”).
- Bring representation/support in early.
- If you have a trade union, contact them now and ask for representation.
- By law, an employee or worker can usually be accompanied by a “companion” at a disciplinary hearing that could result in a formal warning or other disciplinary action, and at certain grievance meetings. A companion is typically a coworker, a certified workplace union rep, or a union official.
- In a disciplinary investigation meeting, there is no legal right to be accompanied, although an employer may allow it—ask in writing.
- Ask for the allegation and evidence in writing. Request copies of any complaint, incident report, or allegation letter, plus the policy/procedure they say you breached—so you respond to specifics, not panic.
- If you’re told to attend a meeting, set simple boundaries in writing. Ask for:
- whether it’s fact-finding or disciplinary,
- who will be present,
- what documents they’ll rely on,
- and reasonable time to prepare.
- If you receive a solicitor’s letter / “letter before action”, don’t ignore it. Acknowledge receipt briefly and state you’re seeking advice and will respond after that. If the deadline is tight, ask for a short extension in writing.
- If suspension is mentioned, keep it procedural. Ask for the suspension decision and terms in writing (for example whether it’s with pay, expected duration, and any contact restrictions) and do not argue the merits in the moment.
- Check whether insurance or professional rules require notification. If your work is covered by professional indemnity (through employer, membership body, or your own policy), notify the correct channel promptly and factually.
What can wait
- You do not need to decide today whether to resign, “offer to pay,” or accept any settlement.
- You do not need to produce a perfect explanation immediately—focus on preserving facts and getting the allegation clearly stated.
- You do not need to contact the other side personally.
- You do not need to argue your case in chats or corridors—keep it contained and written.
Important reassurance
A threat of “legal action” is often used to create urgency even when the situation is still at an internal investigation or complaints stage. You can cooperate professionally while protecting yourself by keeping things factual, written, and supported.
Scope note
These are first steps only. What comes next depends on who is threatening action (employer, client, regulator), what documents you’ve received, and whether this is disciplinary, civil, or both.
Important note
This is general information, not legal advice. If you receive a solicitor’s letter, court papers, or a formal disciplinary invitation, consider getting advice from a qualified UK employment solicitor or your union before responding in detail.
Additional Resources
- https://www.acas.org.uk/investigations-for-discipline-and-grievance-step-by-step/step-4-holding-investigation-meetings
- https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing
- https://www.acas.org.uk/grievance-procedure-step-by-step/step-4-the-grievance-meeting
- https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html
- https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
- https://www.citizensadvice.org.uk/work/disciplinary-meetings/who-can-accompany-you-to-a-disciplinary-meeting/