Thinking of making a tribunal claim? Learn the process from ACAS conciliation to hearing day, with deadlines and practical advice from National Employees Union.
An Employment Tribunal is a court that resolves disputes between employees and employers. It handles claims for unfair dismissal, discrimination, unpaid wages, redundancy pay, and other breaches of employment law. The process is designed to be accessible — you do not need a solicitor, though having one helps. But the rules are strict, the time limits are unforgiving, and the preparation is substantial. This guide takes you through every stage, from the initial decision to the hearing itself.
Contents
- What is an Employment Tribunal?
- What claims can you bring?
- Time limits
- Step 1: ACAS Early Conciliation
- Step 2: submitting your claim (ET1)
- Step 3: the employer’s response (ET3)
- Step 4: case management
- Step 5: preparing for the hearing
- Step 6: the hearing
- After the hearing: remedies
- FAQs
- How National Employees Union can help
What is an Employment Tribunal?
An Employment Tribunal is an independent judicial body that resolves employment disputes. It sits as a panel — usually an Employment Judge, sometimes with two lay members (one with employer-side experience, one with employee-side). The tribunal applies UK employment law to the facts of your case and makes a legally binding decision.
Tribunals are less formal than county courts. There are no wigs or gowns. Hearings are conducted in plain language. But the process is still adversarial — both sides present evidence, call witnesses, and make legal arguments. The tribunal then makes a judgment.
Claims are submitted to the Employment Tribunal online.
What claims can you bring?
The most common claims include:
- [Unfair dismissal](/blog/unfair-dismissal-uk/) — your employer dismissed you without a fair reason or without following a fair process
- [Constructive dismissal](/blog/constructive-dismissal/) — you resigned because your employer’s conduct fundamentally breached your contract
- Wrongful dismissal — your employer breached your contract, typically by dismissing you without the notice you were entitled to
- Unlawful deduction from wages — your employer withheld pay, sick pay, or holiday pay
- [Redundancy pay](/blog/redundancy-rights-uk/) — your employer failed to pay your statutory entitlement
- Discrimination — you were treated less favourably because of a protected characteristic (age, disability, race, sex, pregnancy, religion, sexual orientation, gender reassignment, marriage/civil partnership)
- Whistleblowing detriment — you suffered adverse treatment for making a protected disclosure
You can bring more than one type of claim in the same application.
The most common is unfair dismissal, covered in our guide to unfair dismissal.
Resignation cases run as constructive dismissal claims.
Time limits
This is the single most important section. Time limits are strict. Miss the deadline and you almost certainly lose the right to claim.
| Claim type | Time limit |
| Unfair dismissal | 3 months minus 1 day from date of dismissal |
| Constructive dismissal | 3 months minus 1 day from date of resignation |
| Discrimination | 3 months minus 1 day from the act complained of |
| Unlawful deduction from wages | 3 months minus 1 day from the last deduction (or series of deductions) |
| Redundancy pay | 6 months from the relevant date |
| Equal pay | 6 months from end of employment (county court: 6 years) |
Starting ACAS Early Conciliation pauses the clock. But you must contact ACAS within the original time limit. Do not wait.
Tribunals have limited discretion to extend time limits for unfair dismissal claims (the “not reasonably practicable” test) and discrimination claims (the “just and equitable” test). Extensions are granted rarely for unfair dismissal and more readily for discrimination — but relying on an extension is a gamble.
Step 1: ACAS Early Conciliation
Before submitting a tribunal claim, you must go through ACAS Early Conciliation. This is a free, confidential process where an ACAS conciliator tries to help you and your employer reach a settlement without a hearing.
Contact ACAS online or by phone (0300 123 1100). You will need your employer’s name and address. ACAS will contact your employer and attempt conciliation. The process can last up to six weeks.
If conciliation succeeds, you reach a legally binding settlement (a COT3 agreement) and the matter is resolved. If it does not succeed, ACAS issues an Early Conciliation Certificate with a reference number. You need this number to submit your ET1 claim form.
Starting Early Conciliation extends the time limit. If the time limit has not yet expired when you contact ACAS, it pauses. When the certificate is issued, you get at least one calendar month to submit your claim.
Exhaust the internal route first, including a disciplinary appeal, because a tribunal expects it.
Step 2: submitting your claim (ET1)
The ET1 is the claim form. You submit it online through the GOV.UK Employment Tribunal service.
The form asks for your details and your employer’s details, the ACAS Early Conciliation certificate number, the type of claim you are bringing, the facts — a description of what happened and why you believe it was unlawful, and the remedy you are seeking (compensation, reinstatement, or re-engagement).
The facts section
This is the core of your claim. Write clearly. Set out the events in chronological order. Identify the legal basis — for example, “I was unfairly dismissed contrary to Section 98 of the Employment Rights Act 1996.” Include key dates, relevant documents, and the names of people involved. You do not need to present all your evidence at this stage, but the facts should be specific enough to identify the case you are making.
A strong ET1 does not need legal jargon. It needs clarity, specificity, and a logical sequence.
Step 3: the employer’s response (ET3)
Your employer has 28 days from receiving the claim to submit their response (the ET3). The response will set out their version of events, the legal arguments they intend to rely on, and any preliminary issues they want the tribunal to consider (for example, whether the claim was submitted in time).
You will receive a copy of the ET3. Read it carefully. Identify where it conflicts with your account and where it concedes points. This informs your preparation.
Step 4: case management
The tribunal will issue case management directions — a set of instructions for both parties to prepare the case for hearing. These typically include a preliminary hearing (by phone or in person) where the judge clarifies the issues, sets a timetable, and makes procedural orders.
Common case management steps include disclosure — both sides must share relevant documents (emails, policies, records, meeting notes), witness statements — written statements from you and any witnesses, setting out the evidence in full, agreed bundle — a joint bundle of documents for the hearing, paginated and indexed, and a list of issues — a document agreed between the parties that sets out the legal and factual questions the tribunal will decide.
Timeline
Cases vary, but from ET1 to hearing typically takes 6 to 18 months. Complex cases or those with multiple claims may take longer. The tribunal will set a hearing date well in advance.
Step 5: preparing for the hearing
Preparation determines the outcome more than any other factor. You will need to finalise your witness statement — this stands as your evidence in chief. The tribunal will read it before you take the stand. It should cover every fact you want the tribunal to consider, in chronological order, with references to page numbers in the bundle. Prepare the hearing bundle — an agreed set of documents. If the parties cannot agree on contents, each can add documents they consider relevant, with the other side’s objection noted. Plan your cross-examination questions — if the employer calls witnesses, you will have the opportunity to question them. Prepare questions in advance. Focus on facts, inconsistencies, and points where their account conflicts with the documents.
If you have a representative — a trade union official or solicitor — they will handle much of this preparation with you.
Step 6: the hearing
The hearing takes place in a tribunal room (or, increasingly, by video). The format varies depending on the type of claim, but typically follows this structure.
Opening
The judge may invite both sides to give a brief opening summary or may proceed directly to evidence.
Claimant’s evidence
You go first (in unfair dismissal claims, the employer may go first since the burden is on them to show the reason was fair). Your witness statement stands as your evidence. The employer’s representative will then cross-examine you — asking questions to challenge your account. The judge may ask questions too. Answer honestly. If you do not know something, say so.
Respondent’s evidence
The employer’s witnesses give their evidence. You (or your representative) cross-examine them. Focus on facts and inconsistencies.
Submissions
Both sides make closing arguments — summarising their case and explaining why the tribunal should find in their favour. These may be oral or written, depending on the judge’s preference.
Judgment
The tribunal may give judgment on the day or reserve it (providing a written judgment later, usually within a few weeks). The judgment is a public document.
After the hearing: remedies
If the tribunal finds in your favour, it can order:
- Compensation — the most common remedy. The amount depends on the type of claim. For unfair dismissal, this includes a basic award and a compensatory award (capped at the lower of £115,115 or 52 weeks’ pay in 2025/26). For discrimination, there is no cap.
- Reinstatement — your old job back, on the same terms. Rare in practice.
- Re-engagement — a comparable job with the same employer. Also rare.
- A declaration — a statement that your rights were breached.
If your employer fails to comply with the tribunal’s order, you can apply for enforcement.
Many cases settle before the hearing, and our guide to settlement agreements shows how to judge an offer.
A union representative can support you through each step, and our guide explains what a trade union does before a claim and during one.
Costs
Employment Tribunals do not normally award costs. Each side usually bears their own legal costs. Costs can be awarded against a party whose claim or defence was vexatious, unreasonable, or had no reasonable prospect of success — but this is uncommon.
FAQs
Can I represent myself at a tribunal?
Yes. Many claimants represent themselves (known as “litigants in person”). The tribunal will make allowances for your lack of legal training. However, the process is complex and adversarial. The employer will often have professional representation. Having a trade union representative or solicitor improves your chances and reduces the burden.
What does it cost to bring a tribunal claim?
Currently, there are no fees to submit a tribunal claim. Employment Tribunal fees were abolished by the Supreme Court in 2017 (R (UNISON) v Lord Chancellor). The process is free to access.
Will the hearing be public?
Yes. Employment Tribunal hearings are open to the public and judgments are published. In some cases — particularly those involving sensitive personal information — the tribunal can make restricted reporting orders to protect identities. Discuss this with your representative if privacy is a concern.
What if I lose?
You can apply for a reconsideration of the judgment within 14 days if you believe there was an error or if new evidence has emerged. You can also appeal to the Employment Appeal Tribunal (EAT) — but only on a point of law, not because you disagree with the factual findings. The EAT deadline is 42 days from the judgment being sent to the parties.
Can I settle after submitting my claim?
Yes. Many cases settle after the claim is filed — either through ACAS conciliation (which continues to be available) or through a settlement agreement. The employer’s willingness to settle often increases once a claim has been submitted and they assess the strength of your case.
How National Employees Union can help
A tribunal claim is the most powerful tool an employee has. It holds the employer accountable through an independent judicial process. But the process is demanding — and having experienced representation makes a measurable difference to the outcome.
National Employees Union members get:
- Case assessment — an honest evaluation of the strength of your claim and the likely outcome
- ACAS Early Conciliation support — if we assess your claim to have reasonable prospects of success then we will negotiate on your behalf to achieve the best settlement
- Help drafting the ET1 — clear, specific, and legally grounded
- Full case preparation — witness statements, disclosure, bundle preparation, and cross-examination planning
- Representation at the hearing — a trained representative who presents your case, cross-examines the employer’s witnesses, and makes legal submissions
- Settlement negotiation at any stage — many cases resolve before the hearing once the employer sees the strength of the preparation
- Support with appeals if the outcome is adverse
From the day the issue arises to the day the tribunal decides, the National Employees Union stands with you.
Join the National Employees Union
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Written by the National Employees Union team. We represent employees at Employment Tribunals across the UK. This guide is reviewed regularly and was last updated in August 2026. For advice on your specific situation, contact us.
