Employment Tribunals

An Employment Tribunal is an independent judicial body that hears and decides disputes between employees (and some workers) and employers. Tribunals deal with a wide range of workplace issues, including unfair dismissal, discrimination, redundancy disputes, breach of contract and other employment rights breaches.

This page explains how the Employment Tribunal system works, what you should expect, and what rights you have if you are considering, or are already involved in, tribunal proceedings.

Before You Can Issue a Claim

Before most tribunal claims can be issued, you must first notify ACAS Early Conciliation. This is a statutory process designed to give you and your employer an opportunity to resolve the dispute without starting formal legal proceedings.

Early Conciliation is not compulsory, but you must obtain a conciliation certificate from ACAS before a tribunal will accept your claim. The certificate extends your time limit to make a claim and confirms that Early Conciliation has been explored.

Time Limits for Tribunal Claims

There are strict time limits for bringing a claim at the Employment Tribunal. In most cases you must issue your claim within three months less one day from the date of the act you are complaining about, for example:

  • dismissal date
  • last act of discrimination
  • last unpaid wages

This time limit is to be extended to six months in 2027, but currently three months remains the standard. Always check precise dates with ACAS before issuing a claim.

How an Employment Tribunal Claim Works

1. Filing Your Claim

You start by submitting an ET1 claim form to the Tribunal, setting out:

  • your personal details
  • your employer’s details
  • the nature of your claim
  • a concise description of what happened and the remedies you are seeking

You will need the ACAS Early Conciliation certificate number when you submit the claim.

2. Employer’s Response

Your employer (the respondent) will be sent the claim and must respond using an ET3 response form. They may:

  • admit the claim
  • defend it (dispute the allegations)
  • raise any preliminary issues (e.g., time limits)

The Tribunal uses the claimant’s ET1 and the respondent’s ET3 to set a case timetable.

3. Case Management and Directions

The Tribunal may issue case management directions which could include:

  • deadlines for disclosure of documents
  • deadlines for exchanging witness statements
  • dates for preliminary hearings

4. Hearing

If the claim is not settled, it will progress to a final tribunal hearing where:

  • evidence is presented
  • witnesses may give evidence
  • both sides make legal submissions
  • the tribunal panel considers the facts and legal issues

5. Judgment and Remedies

After hearing the evidence, the tribunal will issue its decision. If your claim succeeds, remedies can include:

  • compensation (financial award)
  • reinstatement or re-engagement
  • interest on awards
  • cost orders in limited circumstances

The amount of compensation depends on the type of claim and your loss.

Settlement and Early Resolution

Many disputes are settled before a hearing, particularly during Early Conciliation or at a case management stage. Settlement can:

  • save time and cost
  • provide a confidential resolution
  • allow for negotiated terms (financial or non-financial)

Settlement should always be considered with legal advice, particularly where you are asked to sign a settlement agreement.

Costs and Funding

Generally, there is no automatic entitlement to recover legal costs in Employment Tribunals. Each party usually bears their own costs. Costs may be awarded in limited circumstances, for example:

  • unreasonable behaviour
  • unnecessary conduct that causes wasted cost

Costs risk is therefore an important consideration when preparing your case.

How We Can Help

Our solicitors advise employees at every stage of the tribunal journey:

  • assessing whether you have a viable claim
  • preparing your ET1 and legal submissions
  • negotiating settlement options
  • representing you at hearings
  • advising on remedies and compensation

We provide personalised advice based on your circumstances and help you navigate what can be a complex process.

Frequently Asked Questions

Do I have to do ACAS Early Conciliation before a tribunal claim?

Yes. For most employment tribunal claims you must obtain a certificate from ACAS before the tribunal will accept your claim.

What if I miss the tribunal time limit?

Tribunal claims are usually out of time if filed late unless there are exceptional circumstances. Time limits are strict.

Can I settle a case without going to a full hearing?

Yes. Many disputes are resolved through settlement during Early Conciliation or negotiation before the hearing.