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Employment Tribunal: How the Process Works

Last updated: Checked against primary legislation on legislation.gov.uk

An Employment Tribunal is an independent court that resolves disputes between employers and employees. It handles claims for unfair dismissal, discrimination, redundancy pay, unpaid wages, and many other workplace rights. You don't need a lawyer, thousands of people represent themselves and win. This guide walks you through the process from start to finish.

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Is there a fee to bring a tribunal claim?

Since 2017, there are no fees to bring an Employment Tribunal claim in England, Wales, and Scotland. The Supreme Court ruled the previous fee system unlawful (Unison v Lord Chancellor [2017]).

In Northern Ireland, the Industrial Tribunal (the equivalent court) operates separately. Check the NI Courts and Tribunals Service for current fees and procedures.

Time limits, the most important thing to know

Employment Tribunal time limits are strict. Miss them and you almost certainly lose your right to claim, regardless of how strong your case is.

Type of claimTime limit
Unfair dismissal3 months minus 1 day from dismissal
Discrimination3 months minus 1 day from the act
Redundancy pay6 months minus 1 day from dismissal
Unlawful deduction from wages3 months minus 1 day from last deduction
Equal pay6 months minus 1 day from end of employment
Breach of contract (on termination)3 months minus 1 day from dismissal
The ACAS early conciliation process pauses the clock. From the day you contact ACAS, the time limit is frozen. It resumes when conciliation ends. This means starting ACAS early conciliation before the deadline counts as preserving your claim.

Step 1, ACAS Early Conciliation

Before you can submit a tribunal claim, you must contact ACAS for early conciliation. This is mandatory (with very limited exceptions).

1
Notify ACAS
Go to acas.org.uk or call 0300 123 1100. Fill in a short online form. ACAS will contact you and your employer to see if the dispute can be resolved without tribunal.
2
Conciliation period
ACAS has up to 6 weeks to try to reach a settlement. You don't have to agree to anything, if you can't reach an agreement, ACAS issues a certificate that allows you to proceed to tribunal.
3
Get your EC certificate number
This number goes on your tribunal claim form. Without it, your claim will be rejected.
Early conciliation is free and confidential. Anything said during conciliation cannot be used against you in tribunal. Many cases do settle at this stage, often saving both sides time and stress.

Step 2, Submitting your claim

Once you have your ACAS early conciliation certificate, you can submit your claim online at gov.uk/employment-tribunals.

  • Complete form ET1, this sets out your name, employer's details, and the nature of your claim
  • Include your EC certificate number from ACAS
  • Describe your claim clearly, what happened, when, and what you're asking for
  • Attach relevant documents if possible (though you can submit more evidence later)
  • You'll receive confirmation and a case number
  • Your employer (the 'respondent') has 28 days to respond using form ET3

The hearing process

1
Preliminary hearing
Some cases have a preliminary hearing to clarify issues, deal with time limits, or discuss case management. These are often conducted by phone or video.
2
Exchange of documents and witness statements
Both sides exchange documents and witness statements before the final hearing. You prepare a 'bundle' of relevant documents.
3
The final hearing
This is where the tribunal hears evidence and makes its decision. You give evidence, the employer gives evidence, and the panel may ask questions. Most hearings last 1 to 5 days depending on complexity.
4
The judgment
The tribunal may announce its decision at the end of the hearing or send it in writing afterwards. If you win, the judgment will also address remedy (compensation).

What compensation can you get?

Compensation depends on the type of claim:

  • Unfair dismissal: basic award (calculated like redundancy pay) + compensatory award (up to £123,543 or 52 weeks' pay, whichever is lower)
  • Discrimination: no cap, can include loss of earnings, injury to feelings (£1,100 to £44,000+), and personal injury
  • Unpaid wages/holiday pay: the exact amount owed, plus interest
  • Redundancy pay: the exact statutory amount owed
  • ACAS Code uplift: up to 25% increase if employer failed to follow the ACAS Code
You can also ask the tribunal for a declaration that your rights were infringed, and a recommendation that the employer takes specific steps, useful when the employment relationship continues.

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Frequently asked questions

How long do I have to bring an Employment Tribunal claim?

The standard time limit is 3 months less one day from the act you are complaining about (e.g. the date of dismissal). Before filing, you must contact ACAS to start Early Conciliation, this pauses the clock. The clock varies for different claim types: 6 months for redundancy pay and equal pay claims.

What is ACAS Early Conciliation?

Before you can submit an Employment Tribunal claim, you must notify ACAS and give them the opportunity to help both parties reach a settlement through Early Conciliation. This is free and pauses your time limit. ACAS will contact your employer, if agreement is not reached within up to 6 weeks, they issue a certificate allowing you to proceed to tribunal.

Do I need a solicitor to bring an Employment Tribunal claim?

No. Many claimants represent themselves at tribunal. The process is designed to be accessible, and tribunals are familiar with unrepresented parties. However, for complex claims (discrimination, whistleblowing) or high-value cases, a solicitor or trade union representative can significantly improve your chances.

How much compensation can I get at an Employment Tribunal?

For unfair dismissal, compensation is made up of a basic award (calculated like redundancy pay) and a compensatory award (capped at £123,543 or 52 weeks' pay, whichever is lower). For discrimination, there is no cap. Awards can also include injury to feelings, aggravated damages, and interest on unpaid amounts.

What happens at an Employment Tribunal hearing?

Hearings are formal but less rigid than court. Both sides present their case, witnesses give evidence and are cross-examined, and the tribunal panel (usually a judge and two lay members) questions the parties. Decisions are usually given on the day or in writing shortly after. Most hearings last 1 to 3 days depending on complexity.

Related guides

Unfair Dismissal
Qualifying for unfair dismissal and what to expect at tribunal.
Discrimination at Work
Discrimination claims and compensation at tribunal.
Redundancy
Tribunal claims for unfair redundancy or unpaid redundancy pay.
Holiday Pay
Claiming underpaid holiday pay at tribunal.

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Know Your Rights UK. "Employment Tribunal: How the Process Works." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/tribunal