Employment Tribunal: A Complete Guide to the UK Process

An employment tribunal is where most workplace disputes in the UK are finally decided. If you have been unfairly dismissed, discriminated against, denied wages you are owed, or subjected to detriment for blowing the whistle, the employment tribunal is the forum that hears your claim and decides what your employer must do about it. This guide walks you through the employment tribunal process from start to finish, so you know exactly what to expect at every stage.

Whether you are an employee bringing a claim or an employer defending one, understanding how the system works matters. Employment tribunal procedure has its own rules, strict time limits, and a hearing style very different from the civil courts. Below we explain what an employment tribunal is, which claims it hears, how to start a claim, what happens at each stage of the hearing process, what remedies are available, and how to appeal to the Employment Appeal Tribunal.

What Is an Employment Tribunal?

An employment tribunal is an independent judicial body that resolves disputes between employers and employees. Employment tribunals are part of HM Courts and Tribunals Service and operate across England, Wales and Scotland (Northern Ireland has a separate system). Unlike the county court, an employment tribunal deals only with employment-law claims, and its judges are specialists in workplace law.

Cases are usually heard by an employment judge sitting alone, although more complex or sensitive cases are heard by a full panel of a judge plus two lay members with workplace experience. Hearings are generally held in public, and there are no fees to bring a claim: since the Supreme Court’s 2017 decision in R (UNISON) v Lord Chancellor, employment tribunal claims have been free.

Which Claims Can an Employment Tribunal Hear?

An employment tribunal can decide a wide range of statutory and contractual employment claims, including:

• Unfair dismissal
• Wrongful dismissal (breach of contract, such as unpaid notice pay)
• Discrimination under the Equality Act 2010
• Detriment or dismissal for whistleblowing
• Unlawful deduction of wages and holiday pay
• Redundancy pay disputes
• Equal pay claims
• Breach of contract claims arising on termination

Many tribunal claims begin with a dismissal. Our guide to unfair dismissal explains when a dismissal is legally unfair, while wrongful dismissal claims concern breaches of the employment contract itself, such as failure to pay notice.

Step 1: ACAS Early Conciliation

Before you can start most employment tribunal claims, you must notify ACAS and go through Early Conciliation. This is a free service in which an ACAS conciliator tries to help you and your employer reach a settlement without a hearing. Conciliation can last up to six weeks.

If settlement is not reached, ACAS issues an Early Conciliation certificate containing a reference number, which you must include on your claim form. Crucially, starting Early Conciliation pauses the limitation clock: the time spent in conciliation does not count towards your deadline to claim.

Employment Tribunal Time Limits

The single most important rule in the employment tribunal process is that time limits are very short, and missing them is usually fatal to a claim:

• Unfair dismissal: contact ACAS within three months less one day of your effective date of termination.
• Discrimination: three months less one day from the act complained of, or the end of a continuing act.
• Unlawful deduction of wages: three months less one day from the last deduction in a series.
• Statutory redundancy pay: six months less one day from the termination date.

A tribunal can extend time only in narrow circumstances, such as where it was not reasonably practicable to claim in time (or, for discrimination, where it is just and equitable to do so). Extensions are exceptional, so the employment tribunal advice on this point is simple: act early and never assume you have more time than you do.

Step 2: Starting Your Claim: The ET1 Form

Once you hold your ACAS certificate, you start your employment tribunal claim by completing form ET1, usually submitted online. The form asks for your details, your employer’s correct legal name, the dates of employment, and a clear account of what happened and what you are claiming.

Set out the facts chronologically and identify the legal basis of each complaint, for example unfair dismissal or disability discrimination. Name every respondent correctly, because claims against the wrong legal entity can fail. The tribunal checks the form for basic compliance and then serves it on the respondent.

Step 3: The Employer’s Response: The ET3

The respondent normally has 28 days from receiving the claim to file a response on form ET3, answering each allegation and setting out its defence. The tribunal can extend this deadline, but if no response is filed at all, it may issue a default judgment in the claimant’s favour.

For employers, the ET3 is the foundation of the defence: it should address every factual allegation, identify the documents and witnesses relied upon, and raise any jurisdictional points, such as time limits or employment status.

Step 4: Case Management and Preliminary Hearings

After the response is filed, the employment tribunal manages the case towards a final hearing. A judge gives directions covering disclosure of relevant documents, preparation of a hearing bundle, exchange of witness statements, and a schedule of loss setting out the compensation claimed.

The tribunal may list a preliminary hearing, often held by video or telephone, to clarify the issues, fix the timetable, and decide preliminary points. Common preliminary issues include whether the claimant was legally an employee, whether the claim was presented in time, and whether parts of the claim should be struck out or require a deposit order to continue.

Step 5: The Employment Tribunal Hearing

The final hearing is where the employment tribunal decides the case. Most hearings are held in public, and many now take place by video. The usual order of events is:

• Opening: the parties outline the issues and the tribunal confirms the timetable.
• Evidence: witness statements are taken as read as evidence-in-chief; each witness is then cross-examined by the other side and may be re-examined.
• Submissions: each side makes closing submissions on the facts and the law.
• Decision: the tribunal deliberates and may give judgment orally on the day, with written reasons to follow, or reserve its decision and send written reasons later.

A straightforward one-day case may be decided quickly, while complex discrimination or whistleblowing claims can run for a week or more. Preparation is everything: organised documents, focused witness statements and a clear schedule of loss make a real difference.

How Long Does an Employment Tribunal Take?

How long an employment tribunal takes varies considerably by region and complexity. After Early Conciliation (up to six weeks) and the exchange of claim and response, it commonly takes many months for a case to reach a final hearing. Straightforward claims are often listed within six to nine months, while complex multi-day cases can wait a year or more. Settlement at any stage ends the process sooner, which is one reason conciliation and negotiation remain important throughout.

Employment Tribunal Rules of Procedure

The employment tribunal rules of procedure set out how cases must be run. The current rules, the Employment Tribunal Rules of Procedure 2024, came into force on 6 January 2025, replacing the 2013 rules. Their overriding objective is to deal with cases fairly and justly, and they give judges wide case-management powers, including striking out claims with no reasonable prospect of success, ordering deposits as a condition of continuing weak claims, and making unless orders where a party fails to comply with directions.

Parties are expected to cooperate, comply with directions, and help the tribunal further the overriding objective. Unreasonable behaviour can have costs consequences, as explained below.

Remedies: What Can an Employment Tribunal Award?

What the tribunal can award depends on the type of claim:

• Unfair dismissal: a basic award (calculated from age, length of service and a week’s pay, which is subject to a statutory cap) plus a compensatory award for financial loss. The compensatory award is capped at the lower of the statutory maximum, currently £115,115, or 52 weeks’ gross pay, except in cases such as whistleblowing or health-and-safety dismissals where no cap applies.
• Discrimination: uncapped financial losses, compensation for injury to feelings assessed under the Vento bands, and damages for personal injury where appropriate.
• Reinstatement or re-engagement: the tribunal can order the employer to take the employee back, although in practice these orders are rare and often lead to additional compensation instead.
• Declarations: a formal finding that the employer acted unlawfully.

Many cases never reach a final hearing because the parties agree terms instead, often recorded in settlement agreements that bring the dispute to a certain end.

Costs: Who Pays in an Employment Tribunal?

Unlike the civil courts, an employment tribunal is generally a costs-free jurisdiction: each side bears its own legal costs whatever the outcome. Costs orders, or preparation time orders for unrepresented parties, are the exception. The tribunal may make one only where a party has acted vexatiously, abusively, disruptively or otherwise unreasonably, or where the claim or response had no reasonable prospect of success. Even then, the tribunal applies a two-stage test: first whether the threshold is met, then whether it is appropriate to make an order.

Appealing to the Employment Appeal Tribunal

If you lose, you can appeal to the Employment Appeal Tribunal (EAT), but only on a point of law. The EAT will not overturn the tribunal’s findings of fact simply because you disagree with them. Common grounds include legal error, perversity, or a failure to give adequate reasons.

The notice of appeal must generally be presented within 42 days of the written reasons being sent to the parties. The EAT sifts appeals on paper first and may reject those with no reasonable prospect of success. Successful appeals are often remitted to the employment tribunal for rehearing. A further appeal to the Court of Appeal requires permission and is limited to important points of law. Alternatively, a party can ask the employment tribunal itself to reconsider its judgment where that is necessary in the interests of justice.

Employment Tribunal Advice: Do You Need a Solicitor?

You do not need a lawyer to bring or defend an employment tribunal claim: many claimants represent themselves successfully, particularly in straightforward cases. However, employment tribunal solicitors add real value where the law or facts are complex. An experienced adviser can assess the merits of your case, draft a strong ET1 or ET3, manage disclosure, prepare witness evidence, conduct cross-examination, and negotiate settlement from a position of strength.

For employers, employment tribunal lawyers help to control risk: ensuring time limits and directions are met, preserving the right documents, training witnesses, and evaluating when settlement makes commercial sense. Whether you seek full representation or one-off employment tribunal legal advice at key stages, getting input early is the best way to protect your position.

The employment tribunal process follows a clear path, from ACAS conciliation through claim, case management, hearing and judgment. It rewards early preparation, respect for time limits, and a realistic assessment of strengths and weaknesses. If you are facing a workplace dispute, take advice promptly, keep careful records, and approach each stage methodically.