What Are Employment Tribunals?
Employment tribunals are independent judicial bodies set up to resolve disputes between employees and employers in the UK. Unlike traditional courts, tribunals specialise in workplace issues and provide a more accessible and less formal setting for resolving disagreements.
The main role of employment tribunals is to make fair and impartial decisions on a wide range of employment-related cases. These include claims of unfair dismissal, workplace discrimination (such as discrimination based on age, race, gender, disability, or religion), unpaid wages, redundancy payments, and breaches of employment contracts. For example, if an employee believes they were dismissed without a valid reason or without following the correct procedure, they can bring a claim to a tribunal under the Employment Rights Act 1996. Similarly, if someone feels they have been treated unfairly due to a protected characteristic, they may make a discrimination claim under the Equality Act 2010.
Tribunals are designed to be more approachable than traditional courts. Hearings are usually less formal, and you do not always need a solicitor or barrister to represent you—many people choose to present their own case. The process is intended to be straightforward, with the tribunal panel typically made up of an employment judge and, in some cases, two lay members with experience in workplace matters.
One key difference between tribunals and courts is the focus on resolving employment disputes efficiently and with minimal cost to the parties involved. Tribunal fees were abolished in 2017, making it free to submit most types of claims. The procedures are generally simpler, with clear guidance provided to help both employees and employers understand what to expect throughout the process.
Employment tribunals form a crucial part of the UK’s wider employment dispute procedures, offering a fair and accessible way to resolve workplace issues when informal solutions or internal grievance processes have not worked. If you are involved in a workplace dispute and are considering making a claim, understanding how tribunals operate can help you prepare for what lies ahead and ensure that your rights are protected.
When and Why to Use a Tribunal
Employment tribunals are designed to help resolve workplace disputes when other solutions have not worked. You may consider making a claim to a tribunal if you believe your legal rights as an employee have been breached and informal or internal processes have not led to a satisfactory outcome.
A tribunal is usually the next step when serious issues at work cannot be resolved by talking to your employer or using your company’s internal grievance procedures. Common situations where a tribunal may be appropriate include:
Unfair dismissal: If you have been dismissed from your job in a way that seems unjust or without proper reason, as covered under the Employment Rights Act 1996.
Discrimination: If you have experienced discrimination at work because of age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation, protected by the Equality Act 2010.
Unlawful deduction from wages: If your employer has taken money from your pay without your permission or a lawful reason.
Breach of contract: If your employer has not honoured the terms of your employment contract, such as not paying you as agreed or failing to provide agreed benefits.
Redundancy issues: If you think your redundancy was not genuine or the process was unfair.
Employees, workers, and, in some cases, job applicants have the right to bring certain claims to an employment tribunal. The law sets strict time limits for making a claim—typically three months less one day from the date of the incident (for example, the date of dismissal or last act of discrimination). It is important to act quickly and seek advice if you are unsure about your rights.
Before making a tribunal claim, you are generally expected to try to resolve the issue internally. Using your employer’s grievance procedures gives both sides a chance to address the problem without formal legal action. Employment tribunals may consider whether you have attempted to settle the dispute through these procedures, and failing to do so could affect the outcome or any compensation awarded.
If all other options have failed, a tribunal offers a formal, independent process to resolve disputes. An employment tribunal is less formal than a court but still follows legal procedures and is overseen by an impartial panel. Both employees and employers have the opportunity to present their case, call witnesses, and provide evidence. The tribunal’s decision is legally binding.
Tribunals are there to ensure that workplace rights are protected and that both sides have a fair chance to be heard. If you are considering making a claim, understanding when and why to use a tribunal can help you make informed decisions about your next steps.
Making a Claim to a Tribunal
If you have a dispute at work that cannot be resolved informally, you may be able to make a claim to an employment tribunal. Tribunals are independent bodies that resolve disagreements between employees and employers over issues such as unfair dismissal, discrimination, redundancy, unpaid wages, and other employment rights.
Below is a step-by-step guide to help you understand how to start a tribunal claim, along with practical advice on preparing your case.
Not every workplace issue can be taken to a tribunal. Common claims include unfair dismissal, discrimination under the Equality Act 2010, redundancy pay, and unpaid wages. Make sure your complaint falls within the types of cases tribunals handle.
Before you can make a tribunal claim, you must notify Acas (the Advisory, Conciliation and Arbitration Service) and go through a process called ‘early conciliation’. This is a free service designed to help you and your employer resolve the dispute without going to a hearing. Acas will contact both parties to see if an agreement can be reached. If conciliation does not resolve the issue, Acas will issue an ‘early conciliation certificate’, which you will need to submit your claim.
Time limits for making a tribunal claim are strict. In most cases, you must submit your claim within three months less one day from the date of the incident you are complaining about (for example, the date of dismissal or the last day of discrimination). The time spent in early conciliation does not count towards this limit, but it is important to keep track of your deadlines. Missing the deadline usually means your claim will not be considered, unless there are exceptional circumstances.
Gather all relevant evidence and documentation to support your case. This might include:
Employment contracts
Payslips and wage records
Emails, letters, or other written communications
Notes from meetings or conversations
Any relevant workplace policies
Clear, organised evidence will help the tribunal understand your case and make a fair decision. Write down key dates and events to create a timeline of what happened.
To start your claim, you need to complete an ET1 claim form. You can do this online through the government’s employment tribunal service, or you can download a paper form to send by post. The ET1 form asks for details about you, your employer, the nature of your claim, and the outcome you are seeking.
Take your time to fill in the form accurately and clearly. Mistakes or missing information can delay your case or result in your claim being rejected. Make sure you include your Acas early conciliation certificate number.
While you do not need a solicitor to make a tribunal claim, many people find it helpful to seek advice. Employment law can be complex, and professional support can help you understand your rights, prepare your case, and improve your chances of success. You can get advice from solicitors, trade unions, or advisory organisations such as Citizens Advice or Acas.
What does it cost to make a claim? Currently, there are no fees for submitting a claim to an employment tribunal.
Can I submit a claim if I have already left my job? Yes, you can still make a claim after leaving your job, as long as you meet the time limits.
What happens after I submit my claim? Once your claim is received, the tribunal will send a copy to your employer, who will have the opportunity to respond. The tribunal will then set out the next steps, which may include a hearing.
Making a tribunal claim can feel daunting, but understanding the process and preparing well can help you present your case clearly and confidently. If you are unsure about any stage, don’t hesitate to seek advice or support.
The Tribunal Hearing Process
Understanding what to expect at an employment tribunal hearing can help you feel more confident and prepared. Below, we explain each stage of the process, from preparation to the final decision, so you know how to present your case and what happens on the day.
An employment tribunal hearing is where both sides—the person making the claim (the claimant) and the employer (the respondent)—present their evidence and arguments. The tribunal listens to both parties before making a decision.
The hearing is usually held in a tribunal building, but sometimes it can take place remotely via video call. Hearings are typically open to the public, although certain sensitive cases may be heard in private.
At the start, the tribunal judge (and sometimes two lay members with workplace experience) will introduce themselves and explain the process. Each side will then have the chance to:
Present their case, usually starting with the claimant.
Give evidence, including documents and witness statements.
Call witnesses to answer questions.
Respond to the other side’s evidence and ask questions (cross-examination).
The judge may ask questions to clarify facts or seek more information. After all evidence is heard, both sides may make closing statements summarising their arguments.
Preparation is key to presenting your case effectively. Here’s what you should do:
1. Gather Evidence: Collect all relevant documents, such as employment contracts, payslips, emails, letters, or notes relating to the dispute. Organise these documents clearly and bring copies for the tribunal and the other side.
2. Prepare Witnesses: Decide if you need witnesses who can support your version of events. Witnesses should be able to provide factual information relevant to the case. Ask them well in advance and provide them with details about the hearing date and location.
3. Write a Statement: You may be asked to provide a written statement outlining your case. This should include the key facts, dates, and events as you remember them. Make sure your statement is clear and honest.
4. Review the Tribunal Rules: The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 set out how hearings are conducted. Make sure you understand the timetable and any deadlines for submitting documents.
5. Practice Your Presentation: Think about how you will explain your side of the story. Practising with a friend or advisor can help you feel more confident.
A typical employment tribunal hearing involves the following people:
Employment Judge: The judge leads the hearing, ensures fairness, and makes legal decisions. For some cases, the judge sits alone; in others, they are joined by two lay members with practical workplace experience.
Claimant: The person who has brought the claim.
Respondent: The employer or organisation defending against the claim.
Representatives: Either side may have legal or trade union representatives, but you do not need a lawyer to attend.
Witnesses: Individuals giving evidence for either side.
Clerk: An official who helps run the hearing.
Observers: Members of the public may attend, unless the hearing is private.
Unlike traditional courts, employment tribunals are designed to be accessible and less formal. There are no wigs or gowns, and the language used is straightforward. The aim is to make the process understandable for people without legal training.
You do not have to stand when speaking, and you can address the judge as “Sir,” “Madam,” or simply “Judge.” The tribunal will help guide you through the process, and you are encouraged to ask questions if you are unsure about anything.
After hearing all the evidence and arguments, the tribunal will make a decision. This may happen immediately after the hearing, or the judge may “reserve” the decision and send it to you in writing later.
Possible outcomes include:
Claim Upheld: If the tribunal finds in your favour, they may order compensation, reinstatement, or another appropriate remedy, depending on the type of claim.
Claim Dismissed: If the tribunal rules against you, no compensation or remedy will be awarded.
Partial Success: Sometimes, parts of a claim are upheld and others dismissed, with compensation adjusted accordingly.
The tribunal’s decision will be explained in writing, including the reasons behind it. This is called the “written judgment,” and you will receive a copy. If you disagree with the outcome, you may be able to appeal, but only on specific grounds, such as a legal error.
By understanding the tribunal hearing process, you can better prepare your case and know what to expect on the day. This helps ensure that your side of the story is heard fairly and clearly.
After the Tribunal Decision
Once an employment tribunal has made its decision, it is important to understand what this means for both employees and employers. The outcome of the tribunal can have significant legal and practical effects, so knowing your rights and options is essential.
The tribunal will issue its decision either at the end of the hearing or in writing shortly afterwards. This decision will state whether your claim has been successful and, if so, what remedies or compensation have been awarded. The decision is legally binding, meaning both parties must comply with its terms.
The written decision will include the reasons for the tribunal’s findings, referencing relevant laws such as the Employment Rights Act 1996 or the Equality Act 2010. It will outline what evidence was considered and how the tribunal reached its conclusions. You should read the decision carefully to understand the tribunal’s reasoning and what is required of each party.
If you believe the tribunal made a legal mistake or there was a procedural irregularity, you may have the right to challenge the outcome. There are two main options:
You can ask the tribunal to reconsider its decision if you think there has been a clear error or if new evidence has come to light. This request must usually be made in writing within 14 days of the decision being sent to you. The tribunal will only agree to reconsider in limited circumstances, such as where there is a mistake or important evidence was not available at the original hearing.
If you believe the tribunal made a legal error, you can appeal to the Employment Appeal Tribunal. Appeals must be based on points of law, not simply because you disagree with the outcome. For example, you might appeal if the tribunal misapplied the law or failed to follow proper procedure.
You must submit your appeal within 42 days of the date the written reasons for the decision were sent to you. The process involves strict deadlines and detailed paperwork, so it is advisable to seek legal advice if you are considering an appeal.
If the tribunal orders your employer to pay compensation or take a specific action and they do not comply, you may need to enforce the decision. The tribunal itself does not enforce awards; it is up to the successful party to take further steps.
You can apply to the county court to enforce a monetary award using the “fast track” system. This may involve instructing High Court Enforcement Officers to recover the money owed. If the award is not paid within 14 days, interest may start to accrue.
For non-monetary remedies, such as reinstatement or re-engagement, enforcement can be more complex. If your employer refuses to comply, you may be entitled to additional compensation.
The remedies available depend on the type of claim. Common remedies include:
Compensation: This is the most frequent remedy and can cover lost earnings, future losses, and injury to feelings (in discrimination cases).
Reinstatement or Re-engagement: In some cases, the tribunal can order your employer to give you your job back or offer a similar role.
Recommendations: For discrimination claims, the tribunal can recommend that the employer takes specific steps to reduce the impact of discrimination in the workplace.
The amount of compensation is calculated based on statutory guidelines and the circumstances of your case. For example, unfair dismissal claims are subject to a statutory cap on the compensatory award, except in certain cases such as whistleblowing or health and safety dismissals.
Read the decision carefully and note any deadlines for appeals or enforcement.
Seek legal advice if you are unsure about the reasons for the decision or your next steps.
Keep records of all correspondence and documents related to the case and any enforcement action.
Understanding the tribunal’s decision and your options afterwards can help you make informed choices about your next steps, whether you are seeking to enforce an award, challenge the outcome, or move forward after the conclusion of your case.
Common Types of Employment Tribunal Claims
Employment tribunals in the UK handle a wide range of workplace disputes. Understanding the most common types of claims can help both employees and employers prepare for what to expect if a dispute arises. Below are the main categories of claims, along with explanations of what each involves and how they are typically dealt with at tribunal.
Unfair dismissal is one of the most frequent reasons employees bring claims to a tribunal. Under the Employment Rights Act 1996, an employee who has worked for their employer for at least two years (in most cases) has the right not to be unfairly dismissed. A dismissal may be considered unfair if the employer does not have a valid reason (such as misconduct, redundancy, or capability) or fails to follow a fair procedure. For example, if someone is dismissed without warning or without a proper investigation, they may have grounds for an unfair dismissal claim.
At tribunal, both sides will present evidence about the reasons for dismissal and the process followed. The tribunal will decide whether the employer acted reasonably and in line with the law.
Discrimination claims are brought under the Equality Act 2010. Employees are protected from being treated less favourably because of certain characteristics, known as “protected characteristics.” These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Discrimination can take many forms, such as direct discrimination (being treated worse because of a protected characteristic), indirect discrimination (policies that disadvantage certain groups), harassment, or victimisation. For example, if an employee is passed over for promotion because of their race, this could be direct discrimination.
Tribunals take discrimination claims very seriously. Both parties will need to provide evidence, and the tribunal may consider witness statements, documents, and the employer’s policies.
Wage disputes often involve claims for unpaid wages, holiday pay, or failure to pay at least the National Minimum Wage or National Living Wage, as set out in the National Minimum Wage Act 1998. Employees may also claim for unlawful deductions from wages under the Employment Rights Act 1996.
Common scenarios include not being paid for all hours worked, not receiving overtime pay, or being paid less than the legal minimum. At tribunal, claimants will need to provide payslips, contracts, and other records to support their case.
Redundancy claims arise when an employee believes they have been unfairly selected for redundancy or that the redundancy process was not handled properly. The law requires employers to follow a fair procedure, including consultation and consideration of alternative roles.
If an employee feels they were chosen for redundancy due to discrimination or that the redundancy was not genuine, they can bring a claim. The tribunal will look at the employer’s process, the reasons for redundancy, and how selections were made.
Breach of contract claims (sometimes called “wrongful dismissal” claims) occur when either the employer or employee fails to meet the terms of the employment contract. Typical examples include not giving the correct notice period, failing to pay agreed salary or benefits, or not providing agreed holidays.
Tribunals can only hear breach of contract claims from employees if the claim is made while they are still employed or within three months of their employment ending. The tribunal will examine the contract terms and evidence of the alleged breach.
Each type of claim follows a similar process: the claimant submits a claim form (ET1), the employer responds (ET3), and both sides exchange evidence. Most cases require a preliminary hearing to clarify issues. The main hearing involves both parties presenting their case, including witness testimony and documentary evidence.
Tribunals are designed to be accessible, and many claimants represent themselves. However, legal rules and deadlines are strictly enforced, so it’s important to prepare thoroughly. The tribunal will make a decision based on the facts and the law, and can order remedies such as compensation, reinstatement, or changes to workplace practices.
Understanding the different types of claims and how they are handled can help you approach a tribunal case with greater confidence and clarity.
Supporting Yourself During Employment Disputes
Facing an employment dispute can be a stressful and emotionally challenging experience. Whether you are an employee or an employer, it’s important to look after your mental health and wellbeing throughout the tribunal process.
Employment disputes often involve sensitive issues such as unfair dismissal, discrimination, or pay disagreements. The uncertainty and pressure of preparing for a tribunal can lead to anxiety, sleeplessness, or a drop in confidence. Recognising these feelings early is crucial—stress is a normal reaction, but it’s important not to let it overwhelm you.
If you’re struggling, consider speaking to your GP or a mental health professional. Many workplaces also offer confidential support through Employee Assistance Programmes (EAPs) or occupational health services. Taking regular breaks, maintaining a routine, and reaching out to trusted friends or colleagues can also help you cope during this time.
You do not have to face employment disputes alone. Seeking support can make a significant difference, whether it’s practical advice from a trade union, emotional support from friends and family, or guidance from workplace wellbeing services. Support networks can help you manage stress and make informed decisions about your case.
Employers also have legal duties under the Health and Safety at Work etc. Act 1974 to protect the health, safety, and welfare of employees, including mental health. If you are struggling with stress due to a workplace issue, you can ask your employer for reasonable adjustments or additional support.
Workplace issues such as bullying, harassment, or a lack of reasonable adjustments can worsen stress and impact your ability to participate fully in the tribunal process. If you feel that your wellbeing is being affected, let the tribunal know as early as possible. They may be able to make adjustments, such as allowing breaks during hearings or providing remote access.
Addressing workplace stress and mental health concerns not only helps you personally, but can also strengthen your case. For example, evidence of how workplace issues have affected you may be relevant in claims involving discrimination or constructive dismissal.
If you need further guidance, there are many resources available to support you with workplace stress and mental health support. These include advice on managing stress, understanding your rights, and accessing professional help.
Remember, taking care of your wellbeing is just as important as preparing your case. Seeking support can help you navigate the tribunal process with greater confidence and resilience.
Reporting Workplace Injuries and Its Role in Disputes
Reporting workplace injuries is a crucial step if you have been hurt at work, and it can play a significant role in any future employment dispute or tribunal claim. Properly documenting an accident not only helps protect your health and safety but also ensures you have the necessary evidence should a legal issue arise.
When a workplace injury leads to a dispute—such as disagreements over sick pay, dismissal, or unsafe working conditions—tribunals often look for clear evidence that the incident occurred and was reported according to the law. If you haven’t reported your injury, it can make it much harder to prove your case or demonstrate that your employer failed in their duty of care.
UK law requires employers to keep employees safe at work, and there are specific regulations about reporting injuries. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), certain work-related injuries, illnesses, and dangerous events must be formally reported by your employer to the Health and Safety Executive (HSE) or the relevant local authority.
However, as an employee, you also have responsibilities:
Inform your employer: Report any injury or accident to your manager or supervisor as soon as possible.
Record the incident: Make sure the accident is logged in your workplace’s accident book. All workplaces with ten or more employees are legally required to have one.
Seek medical attention: If needed, see a doctor or visit A&E. Medical records can serve as important evidence.
Tribunal cases involving accidents or health and safety issues often rely on written records and evidence. A well-documented report of your injury can:
Support your version of events if your employer disputes what happened.
Show that you followed the correct procedures, strengthening your claim.
Provide a clear timeline, which is especially important if the dispute involves long-term health problems or delayed symptoms.
If you’re considering making a tribunal claim, having a copy of your accident report, witness statements, and any medical records will be extremely helpful.
Report the injury immediately to your supervisor or manager, no matter how minor it seems.
Ensure the incident is recorded in the accident book. If your employer refuses, make your own written record and send a copy to your employer.
Seek medical attention and keep any documentation provided by healthcare professionals.
Collect evidence, such as photographs of the scene, details of any witnesses, and copies of relevant communications.
Follow up with your employer to confirm that the incident has been reported under RIDDOR if it meets the criteria (for example, serious injuries or time off work for more than seven days).
For more detailed guidance on the process, see our page on reporting workplace accidents.
By following these steps, you not only protect your own rights but also help ensure your workplace is safer for everyone. Proper reporting can make a significant difference if your case goes to a tribunal, giving you the best chance of a fair outcome.
Further Resources and Next Steps
If you’re considering making a claim to an employment tribunal or are already involved in one, it’s important to know where you can find reliable advice and support. Getting the right guidance early on can help you understand your rights, prepare your case, and improve your chances of a fair outcome.
Where to Get Legal Advice and Support
Citizens Advice offers free, confidential advice on employment rights and the tribunal process. They can help you understand whether you have a valid claim, how to gather evidence, and what to expect at each stage.
Acas (Advisory, Conciliation and Arbitration Service) provides impartial information and guidance on resolving workplace disputes. Before making most tribunal claims, you must notify Acas and consider early conciliation, which is a legal requirement under the Employment Tribunals Act 1996.
Trade unions often support their members with legal advice, representation, and help in preparing for tribunal hearings.
Solicitors and legal clinics can offer tailored advice, help you draft your claim, and represent you at hearings. Look for solicitors who specialise in employment law and are regulated by the Solicitors Regulation Authority.
Official Tribunal Services and Guidance
The official [GOV.UK Employment Tribunals service](https://www.gov.uk/employment-tribunals) provides up-to-date information on how to start a claim, deadlines, fees, and what documents you’ll need. You’ll also find guidance on how hearings are conducted, how decisions are made, and what to do if you want to appeal.
Learning More About Employment Disputes and Grievances
Understanding the full range of options for resolving workplace issues is essential. Before going to a tribunal, many employees and employers try to settle disputes internally. You may want to read more about grievance procedures, which set out the steps for raising and resolving complaints at work. Following your employer’s grievance policy is often a necessary first step and can sometimes resolve issues without the need for legal action.
For a broader overview of how disputes are managed in the workplace, including alternatives to tribunals and the legal rules that apply, visit our page on employment dispute procedures.
Next Steps
Seek early advice from trusted sources to clarify your rights and options.
Use official resources to guide you through the tribunal process and ensure you meet all deadlines and requirements.
Explore related topics like grievance procedures to understand all your options for resolving workplace disputes.
Stay informed about your legal obligations and the steps involved by reviewing the latest government guidance and speaking to qualified advisers.
Taking these steps can help you navigate the tribunal process with confidence and ensure you’re fully prepared at every stage.
