Employment Tribunal Journey
The complete process for bringing an employment claim from ACAS Early Conciliation through to tribunal hearing, judgment, and potential appeal to the Employment Appeal Tribunal.
Who Uses This Journey
Employees and ex-employees bringing claims for unfair dismissal, wrongful dismissal, discrimination, breach of contract, unpaid wages, or other employment rights violations. Also relevant for employers responding to claims.
Stage-by-Stage Timeline
Decide to Claim
Before doing anything, identify the type of claim and check: (1) you have standing (e.g. 2 years' service for unfair dismissal), (2) you are within the 3-month-minus-one-day time limit, (3) there is a legal basis for the claim. Get advice from ACAS, Citizens Advice, or an employment law solicitor.
- Employment contract and any amendments
- Payslips and P60
- Correspondence about dismissal or dispute
- Written reasons for dismissal (if requested within 14 days)
- Any grievance correspondence
- Thinking the 3-month limit is 3 calendar months — it is 3 months minus 1 day
- Not checking eligibility requirements before investing time in the claim
- Failing to raise a grievance first — this affects any compensatory award
ACAS Early Conciliation
Mandatory step. Before issuing ET1, you must notify ACAS via the Early Conciliation (EC) form online or by phone. ACAS will contact both parties and attempt to settle the dispute. The EC period pauses the limitation clock. If EC fails, ACAS issues a Certificate with a unique number needed for the ET1.
- COT3 settlement agreement reached — legally binding, no further proceedings
- Certificate of no settlement issued — proceed to ET1
- Not noting your EC certificate number — required on the ET1 form
- Agreeing to a COT3 without understanding you cannot bring future claims on the same facts
- Delaying contacting ACAS — the time limit clock resumes after EC ends
Submit ET1 Claim Form
File the Employment Tribunal claim online at employment-tribunal-service. The ET1 must include: your details, respondent details, ACAS EC certificate number, and full details of the claim. There is no filing fee for employment tribunal claims.
- ACAS Early Conciliation Certificate number
- Full factual account of the claim
- Details of loss suffered
- Respondent's correct legal name and address
- Not including the ACAS EC certificate number — ET1 will be rejected
- Vague or insufficiently detailed grounds of claim
- Naming the wrong respondent (e.g. trading name instead of registered legal entity)
ET3 Response (28 days)
The respondent (employer) must file an ET3 Response Form within 28 days of the ET1 being sent to them. The ET3 sets out the employer's response to each allegation. A respondent who misses this deadline can be debarred from defending.
- ET3 filed — case proceeds to case management
- Default judgment — if ET3 not filed in time
- Employers: missing the 28-day deadline without applying for extension
- Admitting facts that should be contested
Case Management
The tribunal issues a Case Management Order setting out directions for the case: exchange of documents, witness statements, agreed bundle, and hearing dates. Preliminary hearings may be held to decide jurisdiction issues, strike-out applications, or to define the issues.
- Issues defined and timetable set
- Preliminary points determined (e.g. is claimant an employee?)
- Deposit order made if claim has little reasonable prospect
- Strike-out if claim totally without merit
- Missing case management deadlines — applications to extend must be made promptly
- Not complying with unless orders — breach can lead to strike-out
Preliminary Hearing
A preliminary hearing may be listed to determine: (1) whether the tribunal has jurisdiction, (2) whether claims are in time, (3) strike-out or deposit order applications, or (4) to define the issues in more complex cases. Claimant and respondent both attend.
- Jurisdiction confirmed — proceed to final hearing
- Out-of-time claim dismissed
- Deposit order — claimant must pay up to £1,000 deposit to continue
- Claim struck out
- Not preparing adequately for preliminary hearings on jurisdiction
- Failing to comply with a deposit order within 21 days — claim struck out
Exchange of Evidence and Documents
Parties exchange disclosure and then agree an Index of Documents for the hearing bundle. The respondent typically produces the bundle as they hold most employment records. The claimant should flag any missing documents.
- Employment records (contract, policies, disciplinary records)
- Email and written correspondence
- Attendance and sickness records
- Any comparator data (for equal pay or discrimination claims)
- Medical evidence if discrimination or injury to feelings claimed
- Failing to request key documents from the employer early
- Not keeping copies of all workplace documents before leaving employment
Witness Statements
Each party prepares signed witness statements for all witnesses. Statements stand as evidence-in-chief (read as read). They must address all relevant facts and be signed with a Statement of Truth. Simultaneous exchange on the directed date.
- Not addressing the respondent's defence in the claimant's statement
- Overly long statements with irrelevant information
- Failing to exhibit key documents referred to in the statement
Hearing Bundle
An agreed paginated bundle of all documents for the hearing is prepared. It should contain: case management orders, ET1, ET3, witness statements, and all relevant documentary evidence in chronological order.
- Not agreeing the bundle with the other side — disputed bundles cause delay at hearing
- Bundle not indexed or paginated
- Including documents not disclosed to the other party
Final Hearing
The Employment Judge (and two lay members for discrimination cases) hear oral evidence from witnesses and submissions from both parties. The judge may give judgment immediately or reserve it. Hearings typically last 1–5 days depending on complexity.
- Judgment for claimant — compensation and/or reinstatement/re-engagement ordered
- Claim dismissed
- Remedy hearing listed separately (common in discrimination cases)
- Not bringing spare copies of the bundle
- Giving evidence outside witness statement without permission
- Not making a Polkey/contributory fault argument if defending dismissal claims
Judgment and Remedy
The written judgment sets out findings of fact, law, and remedy. For unfair dismissal: basic award (statutory redundancy calculation) + compensatory award (up to £115,115 or 52 weeks' pay). For discrimination: injury to feelings (Vento bands), financial loss, aggravated damages.
- Compensation ordered — respondent must pay within 14 days
- Reinstatement/re-engagement ordered
- Recommendations made (discrimination claims)
- Not mitigating loss — claimant must show steps taken to find new employment
- Not keeping receipts and records of financial losses
Appeal to Employment Appeal Tribunal (EAT)
Appeals from the Employment Tribunal on a point of law only (not fresh facts). The Notice of Appeal (EAT Form 1) must be filed within 42 days of the Employment Tribunal's written judgment being sent. Leave is required for second appeals.
- Appealing on the facts rather than a point of law — will be rejected
- Missing the 42-day deadline — EAT has very limited discretion to extend