Employment Tribunal Guide
Understand your workplace rights, the claims process, and key deadlines for making an employment tribunal claim in the UK.
The Claims Process
Navigating an employment tribunal can feel daunting. Here is the standard chronological process for bringing a claim in the UK.
ACAS Early Conciliation
Before you can make a claim, you must notify ACAS. They offer a free, voluntary conciliation service to try and settle the dispute without a tribunal. This pauses the strict time limits.
Submit the ET1 Form
If conciliation fails, ACAS issues a certificate. You must then submit your ET1 claim form to the Employment Tribunal within the remaining time limit (usually 1 month from the certificate date).
Employer’s Response (ET3)
The tribunal will send the claim to your employer. They have 28 days to submit an ET3 response form, outlining their defence and whether they wish to contest the claim.
Case Management & Hearing
A judge may hold a preliminary hearing to manage the case. Both sides exchange evidence (disclosure). Finally, a full hearing is held where a judge or panel makes a legally binding decision.
Key Time Limits
Employment tribunals have strict statutory time limits. Missing these deadlines usually means your claim will be dismissed, unless the tribunal grants a rare extension.
| Type of Claim | Standard Time Limit | Trigger Event |
|---|---|---|
| Unfair Dismissal | 3 months less 1 day | Effective date of termination (EDT) |
| Discrimination | 3 months less 1 day | Date of the discriminatory act |
| Unpaid Wages | 3 months less 1 day | Date the payment was due but not made |
| Breach of Contract | 3 months less 1 day | Date of the breach (or termination) |
| Whistleblowing | 3 months less 1 day | Date of the detrimental treatment |
Important Considerations
Key things to keep in mind before and during your employment tribunal journey.
Employment Tribunal FAQ
Answers to the most frequently asked questions about making an employment claim in the UK.
No, you can represent yourself (act as a ‘litigant in person’). Many people do so successfully, especially with support from Citizens Advice or a trade union. However, for complex cases involving significant compensation or intricate points of law, seeking professional legal representation is highly recommended.
The timeline varies significantly depending on the complexity of the case and regional tribunal backlogs. A straightforward case might be resolved in 6 to 9 months, while complex discrimination or whistleblowing cases can take 12 to 18 months or longer to reach a final hearing.
ACAS (Advisory, Conciliation and Arbitration Service) Early Conciliation is a mandatory, free, and confidential service. Before you can submit a tribunal claim, you must notify ACAS. An impartial conciliator will contact both parties to see if a mutually agreeable settlement can be reached without going to a tribunal.
Yes, if your claim is based on discrimination, you can claim compensation for “injury to feelings”. The tribunals use the “Vento bands” to determine these awards, which are updated annually. For other claims like unfair dismissal, compensation is typically limited to financial losses (e.g., lost wages), though a basic award is also applicable.