Facing an employment tribunal claim can feel overwhelming, whether you’re the employee bringing it or the employer defending it. The process has clear, defined stages, strict time limits, and a mandatory first step that many people don’t know about until it’s almost too late. This guide walks through the employment tribunal process in the UK from start to finish, in plain English.
The Employment Tribunal Process in the UK: A Step-by-Step Guide
What Is an Employment Tribunal?
An employment tribunal is an independent judicial body that hears disputes between employers and employees (or workers) about employment rights. Common claims include unfair dismissal, constructive dismissal, discrimination, unlawful deduction of wages, and disputes over redundancy pay. Tribunals are less formal than courts, but the process still follows strict rules and deadlines that both sides must respect.
Since 2017, tribunals have charged no issue fee to bring a claim — fees were abolished after a Supreme Court ruling found the previous fee regime unlawful. This means claimants no longer have to pay to lodge a case, though there are still costs involved, such as time, potential legal advice, and the emotional toll of a dispute.
Step One: Acas Early Conciliation
Before you can lodge almost any tribunal claim, you must first contact Acas (the Advisory, Conciliation and Arbitration Service) and go through early conciliation. This is a mandatory step, not an optional one — the tribunal will normally reject a claim if you skip it.
- You notify Acas of your intention to claim, usually online or by phone.
- An Acas conciliator contacts both parties to see if the dispute can be resolved without a tribunal hearing.
- If a resolution is reached, it’s often recorded in a legally binding COT3 agreement.
- If no resolution is reached, Acas issues an Early Conciliation Certificate, which you need before submitting your claim form.
Importantly, early conciliation has a “stop the clock” effect on your time limit. The clock pauses while conciliation is ongoing and resumes once the certificate is issued, giving you extra time to submit your claim if the conciliation period ran close to your deadline. Many disputes that begin with a formal grievance procedure at work end up here if internal resolution fails.
The Strict Time Limit
Almost all employment tribunal claims must be started within three months less one day from the date of the act you’re complaining about — for example, the date of dismissal, the last unlawful deduction, or the discriminatory act itself. This is a very short window, and tribunals apply it strictly. Missing the deadline, even by a day, can mean your claim is thrown out unless you can show it genuinely wasn’t reasonably practicable to bring it in time.
Because early conciliation must happen before you claim, and it also takes time, it’s essential to contact Acas as soon as you know you may have a claim — don’t wait until the deadline is close. If you’re unsure whether your situation qualifies, Acas and Citizens Advice can give free initial guidance.
Submitting the Claim: ET1 and ET3
Once you have your Early Conciliation Certificate, you submit an ET1 form — the official tribunal claim form. It asks for details of your employment, the type of claim, and a summary of what happened. Accuracy matters here, as the ET1 sets the boundaries of your case.
The employer then has a set period to respond using an ET3 form, setting out their side of the dispute and any grounds they intend to defend. If the ET3 isn’t submitted on time, the tribunal may proceed without the employer’s input, though this is relatively rare in contested cases.
Preliminary Hearings and Case Management
Many cases involve one or more preliminary hearings before the final hearing. These can deal with case management (agreeing timetables, disclosure of documents, witness statements) or, in some cases, decide preliminary legal issues — for example, whether the claimant has the required length of service, or whether a claim was brought in time.
For unfair dismissal claims specifically, you normally need at least two years’ continuous service with your employer to bring a claim. Discrimination claims, by contrast, have no minimum service requirement — you can claim from day one of employment, or even before employment starts in some recruitment discrimination cases.
The Final Hearing and Judgment
If the case isn’t settled or withdrawn beforehand, it proceeds to a final hearing. Both sides present evidence, call witnesses, and make legal arguments, usually in front of an employment judge (and sometimes lay members for certain claim types like discrimination). The tribunal then issues a judgment, either on the day or in writing afterwards.
It’s worth knowing that the majority of tribunal claims never reach a final hearing — most settle beforehand, either through further Acas conciliation, a negotiated settlement agreement, or because one party withdraws. Settling early can save both sides significant time, cost, and stress.
Remedies if You Win
If a claim succeeds, the tribunal can order various remedies depending on the type of claim. For unfair dismissal, these include:
- Reinstatement — getting your old job back.
- Re-engagement — being given a comparable role.
- Compensation — typically made up of a basic award (calculated similarly to statutory redundancy pay) and a compensatory award (covering actual financial losses).
Reinstatement and re-engagement are relatively uncommon in practice, as most successful claimants and employers prefer a clean financial settlement. Discrimination claims can also result in compensation for injury to feelings, which has no fixed cap unlike some other award types. Claims for gross misconduct disputes often turn on whether the dismissal process itself was fair, even where the underlying conduct is not in question.
Frequently Asked Questions
Do I have to pay a fee to bring an employment tribunal claim?
No. Tribunal fees were abolished after a 2017 Supreme Court ruling found them unlawful, so bringing a claim itself is free, though you may still choose to pay for legal advice or representation.
What is the time limit for bringing a claim?
Normally three months less one day from the date of the act you’re complaining about, such as your dismissal date. Acas early conciliation can extend this window slightly by pausing the clock while conciliation is ongoing.
Do I have to go through Acas before claiming?
Yes, in almost all cases. Early conciliation through Acas is a mandatory step before you can submit an ET1 claim form, and you’ll need an Early Conciliation Certificate to proceed.
How long does the tribunal process take?
It varies significantly depending on case complexity, tribunal workload, and whether the case settles early. Straightforward cases that settle during conciliation can resolve in weeks; contested cases that reach a final hearing can take many months or longer.
Will my case definitely go to a full hearing?
Not necessarily — most claims settle before reaching a final hearing, often through further Acas conciliation or a negotiated settlement agreement between the parties.
This guide is general information only and is not legal advice. Every situation is different, so for guidance on your specific circumstances, contact Acas, Citizens Advice, or a qualified employment solicitor.
If a tribunal dispute has you thinking about your next move, Atlas is an AI job-search assistant that helps you find and apply for roles that fit your experience — so you can focus on moving forward with confidence. Get started with Atlas.