Guide
Employment Tribunal: When and How to Make a Claim
An employment tribunal is an independent judicial body that resolves disputes between employers and employees. Here is what you need to know.
When can you make a tribunal claim?
You can make an employment tribunal claim for a range of issues including unfair dismissal, constructive dismissal, wrongful dismissal, discrimination (based on age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation), harassment, victimisation, whistleblowing detriment, unlawful deduction from wages, breach of contract, and redundancy payment disputes.
For most claims, you need to have completed ACAS early conciliation first. You also usually need at least two years of continuous employment for unfair dismissal claims, although this requirement does not apply to claims of discrimination, whistleblowing, or automatically unfair dismissal reasons.
Time limits
Most employment tribunal claims must be started within three months minus one day from the date of the event you are complaining about. For dismissal, this is the date your employment ended. For discrimination, it is the date of the discriminatory act or the last in a series of acts. For wages claims, it is the date the wages should have been paid.
The ACAS early conciliation process pauses the clock, giving you extra time. But the starting point is strict. Tribunals can extend the time limit in exceptional circumstances, but this is not guaranteed. Do not rely on an extension.
The tribunal process
1. Submit your claim (ET1 form)
Complete the ET1 claim form online through the government portal. Include your ACAS early conciliation certificate number. Describe what happened clearly, with dates, and state what you are claiming (unfair dismissal, discrimination, etc.).
2. Employer responds (ET3 form)
Your employer has 28 days to submit their response. They will set out their version of events and their defence. You will receive a copy of their response.
3. Case management
A judge will review the case and may hold a preliminary hearing to discuss the issues, agree a timetable, and give directions on evidence. Both sides will be ordered to disclose relevant documents.
4. The hearing
Both sides present their case, give evidence, call witnesses, and are cross-examined. You can represent yourself or use a solicitor, barrister, or trade union representative. Hearings are usually in person but can be by video.
5. Judgment
The tribunal will issue its judgment, sometimes on the day and sometimes in writing later. If you win, there will be a separate hearing to decide compensation if the parties cannot agree on the amount.
What evidence do you need?
The tribunal will look at all the evidence from both sides. Strong evidence includes contemporaneous notes and records made at the time of events, emails, text messages, and written communications, your employment contract and employee handbook, payslips and any written terms, medical evidence if your health has been affected, witness statements from people who saw or heard what happened, and any grievance correspondence.
The more detailed and timely your records, the stronger your case. Notes made on the day of an incident carry far more weight than a summary written months later. This is why documenting as you go is so important.
Costs
There are no fees to submit an employment tribunal claim. Unlike civil courts, employment tribunals rarely order costs against the losing party. Costs are only awarded in exceptional cases, such as if a party acted vexatiously or unreasonably. Most people will not have to pay anything even if they lose. However, if you hire a solicitor, you will need to pay their fees regardless of the outcome.