Understanding Employment Tribunals
Understanding Employment Tribunals
Employment Tribunals are specialist courts in the UK designed to resolve disputes between employees and employers. They offer a formal, yet accessible, setting for addressing a wide range of workplace issues. Unlike ordinary courts, Employment Tribunals focus exclusively on employment law matters, making them a crucial resource for anyone facing problems at work.
What Do Employment Tribunals Do?
Employment Tribunals handle cases where individuals believe their rights at work have been breached. Typical disputes brought before the tribunal include:
- Unfair dismissal: When an employee feels they have been dismissed from their job without a fair reason or proper process.
- Discrimination: Cases involving unfair treatment based on protected characteristics such as age, disability, gender, race, religion, or sexual orientation.
- Unpaid wages or holiday pay: Claims for money owed by an employer, including unpaid wages, bonuses, redundancy payments, or holiday pay.
- Breach of contract: Disputes over the terms of an employment contract, such as changes to working hours or duties.
- Redundancy issues: Concerns about the fairness of redundancy procedures or payments.
These are just a few examples. Employment Tribunals can also hear claims about whistleblowing, equal pay, and other statutory employment rights. For a broader introduction to how these tribunals fit into the UK legal system, see our guide to Employment Tribunals.
Why Understanding the Tribunal Process Matters
Before submitting a claim, it’s important to understand how the tribunal system works. The process is governed by strict rules and deadlines – missing these could mean your case is not heard. Knowing what to expect can help you prepare your evidence, meet procedural requirements, and increase your chances of a fair outcome.
The procedures for Employment Tribunals are set out in law. The main rules are found in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which detail everything from how to start a claim to how hearings are conducted. While you don’t need to be a legal expert, familiarising yourself with these rules can help you avoid common pitfalls.
When Should You Use an Employment Tribunal?
Not every employment dispute needs to go straight to a tribunal. In many cases, issues can be resolved informally or through your employer’s internal grievance procedure. However, if these steps do not work, or if the problem is serious – such as discrimination or unfair dismissal – a tribunal may be the best route to seek justice. For more information on when and how to use a tribunal, see When and How to Use Employment Tribunals.
Understanding the role and process of Employment Tribunals is the first step towards resolving your workplace dispute effectively. The next sections of this guide will walk you through how to file your case and what to expect at each stage.
Step 1: Check If You Can File a Claim
Step 1: Check If You Can File a Claim
Before you begin the process of filing a case with the Employment Tribunal, it’s important to confirm that your situation is eligible and that you meet the necessary requirements.
Is Your Issue Eligible for an Employment Tribunal Claim?
Employment Tribunals deal with a wide range of workplace disputes, but not every workplace issue can be brought before them. Common types of claims include:
- Unfair dismissal
- Wrongful dismissal
- Discrimination (e.g. based on age, race, gender, disability)
- Unpaid wages or holiday pay
- Redundancy pay disputes
- Breach of contract (in some cases)
If you’re unsure whether your case qualifies, it’s helpful to compare your situation to similar claims. For example, if you think your dismissal was handled incorrectly, you might want to review our guide on how to file a wrongful dismissal claim to understand the differences and which process applies to you.
Who Can File a Claim?
Most claims are made by employees, but some rights also apply to workers (such as agency staff or casual workers). In certain circumstances, employers can also file a claim – for example, to recover tribunal fees or respond to an employee’s claim.
You can usually file a claim if you:
- Are (or were) an employee or worker for the employer you are claiming against
- Believe your employment rights have been breached
Self-employed individuals generally cannot bring claims unless they can show they were, in practice, treated as an employee or worker.
Time Limits for Filing Your Claim
Strict time limits apply to Employment Tribunal claims. In most cases, you must start your claim within three months less one day from the date of the incident. For example:
- If you were dismissed on 1st May, your claim must reach the tribunal by 31st July.
- If you experienced discrimination on a specific date, the three-month period usually starts from that date.
Some exceptions exist, such as when ongoing discrimination occurs over a period of time, but you should always act as quickly as possible. The tribunal rarely accepts late claims unless there are exceptional circumstances.
Consider Early Conciliation with ACAS
Before you can submit most types of claims, you are required to notify the Advisory, Conciliation and Arbitration Service (ACAS) and consider early conciliation. This is a free process where ACAS tries to help you and your employer resolve the dispute without going to tribunal.
Early conciliation is not just a formality – it can save time, stress, and legal costs if you reach an agreement. If you do settle your dispute, ACAS will draft a legally binding agreement (COT3) which both parties must follow. If conciliation is unsuccessful or you choose not to settle, ACAS will issue a certificate allowing you to proceed with your tribunal claim. For a detailed explanation of how this process works, including what to expect and how agreements are made, see ACAS Early Conciliation.
Some claims are exempt from early conciliation, but this is rare. If you’re unsure whether your case qualifies for exemption, you can check with ACAS or seek legal advice.
Taking these steps at the outset will help ensure your claim is valid and submitted on time, giving you the best chance for a successful outcome. If you’re ready to proceed, continue to the next step to gather the information you’ll need for your claim.
Step 2: Prepare Your Claim Form (ET1)
Step 2: Prepare Your Claim Form (ET1)
The ET1 form is the official document you must complete to start your case with the Employment Tribunal. It sets out your details, your employer’s details, and the nature of your claim. Filling in the ET1 accurately is crucial – mistakes or missing information can delay your case or even result in your claim being rejected.
What is the ET1 Form and Where to Get It
The ET1 is the standard claim form for individuals bringing employment-related disputes, such as unfair dismissal, discrimination, or unpaid wages, to the tribunal. You can download the latest version of the ET1 Employment Tribunal Claim Form directly from the GOV.UK website. This page also provides guidance on how to submit your claim online or by post, and information on accessibility if you need the form in a different format.
How to Fill Out the ET1 Form
When completing your ET1, take care to provide clear and accurate information. The main sections include:
- Claimant Details: This is your personal information, including your full name, address, and contact details.
- Respondent Details: Enter the full legal name and address of your employer (the respondent). If you’re unsure, check your contract, payslips, or Companies House records.
- Type of Claim: Clearly state the nature of your dispute. Common examples include unfair dismissal, discrimination, redundancy issues, or unpaid wages. If you’re claiming for more than one issue, list each separately.
- Summary of Claim: Give a concise but detailed account of what happened, including key dates, events, and why you believe your employer acted unlawfully. For example, if you are claiming unfair dismissal, explain the circumstances leading up to your dismissal and why you believe it was unfair. For more on this specific claim type, see Steps to File an Unfair Dismissal Claim.
What Information Should You Include?
- Dates: Be precise about when events occurred, such as the date of dismissal or when the alleged discrimination took place.
- Employment Details: Include your job title, start and end dates, and whether you are still employed.
- Remedies Sought: Briefly describe what outcome you are seeking – such as compensation, reinstatement, or payment of owed wages.
- Previous Steps: Mention if you have tried to resolve the issue with your employer or through Acas Early Conciliation, as this is usually a required step before submitting an ET1.
Attaching Supporting Documents
Supporting documents can strengthen your claim and give the tribunal a clearer picture of your case. You can attach copies of:
- Your employment contract and payslips
- Relevant emails, letters, or messages between you and your employer
- Meeting notes, disciplinary records, or witness statements
- Any Acas Early Conciliation certificate
Make sure each document is clearly labelled and referenced in your summary. Do not send original documents – keep those for your records.
Practical Tips
- Be Clear and Concise: Use plain language and avoid unnecessary detail. Focus on the facts.
- Check for Accuracy: Double-check names, dates, and contact details.
- Meet the Deadline: You usually have three months less one day from the date of the incident (such as your dismissal) to submit your ET1.
- Review Before Sending: Mistakes can lead to delays or rejection. Ask someone you trust to review your form if possible.
Preparing your ET1 thoroughly is your first step towards a fair hearing. If you need more detailed guidance, consider seeking advice from a legal adviser, trade union, or Citizens Advice.
Step 3: Submit Your Claim to the Employment Tribunal
Step 3: Submit Your Claim to the Employment Tribunal
Once you have prepared your ET1 claim form and gathered all the necessary information, the next step is to submit your claim to the Employment Tribunal. This is a crucial stage in the process, as your claim cannot proceed until it has been formally received by the tribunal.
How to Submit the ET1 Form
You can submit your ET1 form in one of two ways:
- Online: The quickest and most common method is to submit your claim online using the official Employment Tribunal claims service. The online system will guide you through each section of the form and confirm receipt immediately after submission.
- By Post: If you prefer, you can download the ET1 form, complete it by hand or on your computer, and send it by post to the central Employment Tribunal office. Be sure to keep a copy of your completed form and obtain proof of posting, such as a certificate of posting from the Post Office.
Regardless of the method you choose, double-check that you have included all relevant details and supporting documents. Incomplete or inaccurate forms may delay your case or risk rejection.
Meeting the Submission Deadline
It is vital to submit your claim within the strict time limits set by law. For most claims, including unfair dismissal and unpaid wages, you must submit your ET1 form within three months less one day from the date of the incident (for example, the date your employment ended or the date of the alleged unlawful deduction). The tribunal rarely extends these deadlines, so do not delay.
If you have used the Acas Early Conciliation process, the time limit may be paused (“stopped”) during conciliation. You should receive a certificate from Acas with the relevant dates – keep this safe, as you may need to refer to it when submitting your claim.
What Happens After You Submit Your Claim
Once your ET1 form is received, the Employment Tribunal will review your submission to check that it is complete and within the deadline. If there are any issues, they may ask you to provide further information.
If your claim is accepted, the tribunal will formally notify your employer (the respondent) by sending them a copy of your ET1 form. The respondent will then have 28 days to submit their response using the ET3 form. During this time, you may be contacted for further details or to clarify aspects of your claim.
After both sides have submitted their forms, the tribunal will set out the next steps, which may include a preliminary hearing or instructions on how to prepare for the main hearing. For a step-by-step comparison of the process for specific types of claims, such as unfair dismissal, you can read more in our guide on Steps to File an Unfair Dismissal Claim.
Carefully following these steps will help ensure your case progresses smoothly through the tribunal system and that your rights are protected throughout the process.
Step 4: After Filing Your Claim
After you submit your claim to the Employment Tribunal, the process enters a new stage where both you and your employer (the “respondent”) will have opportunities to present your sides of the dispute. Understanding what happens next can help you prepare effectively and avoid unnecessary delays.
The Respondent’s Reply
Once your claim has been accepted, the tribunal will send a copy to your employer. They are required to respond using a form called the ET3, usually within 28 days. Their response will outline whether they admit or deny your allegations and may include their version of events. You will receive a copy of this response, so you can see their arguments and prepare your case accordingly.
If your employer does not respond in time, the tribunal may make a decision in your favour without a full hearing, although this is rare.
Directions and Case Management Hearings
After both sides have submitted their initial documents, the tribunal may issue “directions.” These are instructions about what needs to happen before the final hearing, such as deadlines for exchanging evidence or witness statements. In more complex cases, the tribunal may also schedule a case management hearing. This is a short hearing (often by phone or video) where the judge will clarify the issues, set a timetable, and make sure both parties know what is expected. Attending these hearings and following directions is crucial – missing deadlines can harm your case.
Preparing Your Evidence and Witness Statements
This stage is your opportunity to gather all the documents, emails, contracts, payslips, or other evidence that support your claim. Organise these carefully, as you’ll need to provide copies to both the tribunal and your employer.
You’ll also need to prepare a witness statement – a written document explaining your version of events. This is your chance to set out your case clearly and persuasively. The tribunal will usually order that witness statements are exchanged between the parties 1–2 weeks before the hearing. If you have colleagues or others who can support your case, they should also prepare statements.
For practical advice on how to structure and write your statement, see our guide on Writing Your Employment Tribunal Witness Statement. You may also find the detailed guidance from Citizens Advice helpful – see Writing a witness statement for an employment tribunal – Citizens Advice for tips on what to include and how to deal with any documents mentioned by your employer.
What Happens Next
Once all directions have been followed and evidence exchanged, the tribunal will set a date for the final hearing. This is when both sides present their cases, call witnesses, and answer questions from the judge. The tribunal will then make a decision, usually a few weeks after the hearing.
If you want to learn more about what happens after filing a different type of claim, such as wrongful dismissal, see the comparison in What Happens After You File a Claim.
Taking time to prepare thoroughly at this stage can make a significant difference to the outcome of your case. If you’re unsure about any step, consider seeking advice from a legal professional or a specialist employment adviser.
Important Considerations When Filing Your Case
Important Considerations When Filing Your Case
Before you file your claim with the Employment Tribunal, it’s essential to be aware of several key factors that can significantly affect the outcome of your case and your experience during the process.
Proper Disclosure of Documents
One of the most important responsibilities you have as a party in a tribunal case is to disclose all relevant documents. This means sharing any evidence – such as emails, contracts, payslips, or witness statements – that relates to your claim or the employer’s response. Failing to disclose documents properly can have serious consequences. For example, the tribunal may refuse to consider evidence you try to introduce later, or in some cases, your claim could be struck out entirely. To understand the full implications and best practices for disclosure, see our guide on the Impact of Not Disclosing Documents in Employment Tribunals.
Setting Realistic Expectations
It’s natural to want a positive outcome, but it’s important to assess your case realistically. Employment Tribunal decisions are based on the evidence presented and the relevant laws, such as the Employment Rights Act 1996 for unfair dismissal or the Equality Act 2010 for discrimination claims. Consider factors like the strength of your evidence, whether you followed the correct procedures (such as attempting early conciliation with Acas), and the specific circumstances of your dispute. For a clearer understanding of what affects your likelihood of success and how tribunals make their decisions, read Understanding Your Chances of Success at Employment Tribunal.
Awareness of Tribunal Costs
While most parties do not have to pay a fee to submit a claim to the Employment Tribunal, there are still potential costs to consider. For example, you might incur expenses for preparing your case, such as copying documents or obtaining expert reports. In rare circumstances, the tribunal can order one party to pay the other’s costs – usually if a party has acted unreasonably or brought a claim with no reasonable prospect of success. It’s wise to be prepared for these possibilities and to budget accordingly. For a detailed breakdown of what costs might apply and when, visit our page on Employment Tribunal Costs.
Further Support and Guidance
Filing a tribunal claim can be complex, especially if you are dealing with issues like unfair dismissal or discrimination. If you’re considering a specific type of claim, such as unfair dismissal, you may find it helpful to review our step-by-step guide on How to File an Unfair Dismissal Claim, which explains what to expect at each stage of the process.
By understanding these important considerations, you can approach your Employment Tribunal case with greater confidence and avoid common pitfalls that could affect your claim.
Additional Tips and Resources
Additional Tips and Resources
Filing a case with the Employment Tribunal can feel overwhelming, but taking a few extra steps can help you stay organised and improve your chances of a smooth process. Here are some essential tips and resources to support you:
1. Keep Copies of All Documents and Correspondence
Always make and keep copies of everything related to your case. This includes your claim form (ET1), any responses from your employer, letters, emails, and notes from phone calls. Having a clear record will make it easier to refer back to important details, provide evidence if needed, and respond quickly to tribunal requests. If you submit documents online, save digital copies and confirmation emails. Proper organisation can also help avoid misunderstandings or missed deadlines.
2. Seek Legal Advice or Support
You don’t have to go through the process alone. If you’re unsure about your rights or the best way to present your case, consider getting advice from a legal professional or a reputable organisation. Services like ACAS (Advisory, Conciliation and Arbitration Service) offer free and impartial guidance, especially during the early conciliation stage. Additionally, Citizens Advice Employment Rights provides comprehensive information and support on workplace disputes, including unfair dismissal, redundancy, and pay issues. They can help you understand your options and prepare your case effectively.
3. Understand Tribunal Rules and Procedures
Each Employment Tribunal has its own set of rules, known as the Employment Tribunal Rules of Procedure, which set out how cases should be managed. Familiarise yourself with these rules to avoid common pitfalls, such as missing deadlines or failing to submit required information. For example, most claims must be submitted within three months less one day of the incident you’re complaining about (such as the date of dismissal or when unpaid wages were due). If you’re unsure about specific steps, check the tribunal’s guidance notes or seek advice from support services.
4. Prepare for Possible Challenges
Tribunal proceedings can sometimes involve unexpected issues, such as your employer refusing to participate in early conciliation or challenging your claim. Being prepared for these scenarios can make a big difference. For more on how to handle situations where your employer does not engage in early conciliation, see Additional Tips and Considerations.
5. Make Use of Free Resources
There are many free resources available to help you understand your rights and the tribunal process. In addition to ACAS and Citizens Advice, government websites provide detailed guides and forms. These resources can answer common questions and help you avoid costly mistakes.
Taking these steps can give you greater confidence and control as you move through the Employment Tribunal process. If you need further support, don’t hesitate to reach out to the organisations mentioned above or consult a qualified legal adviser.
