Bringing an Employment Tribunal Claim
Step-by-step guide to claiming unfair dismissal, discrimination, or unpaid wages at an Employment Tribunal.
Overview
Employment Tribunals hear disputes between employers and employees (or workers) about employment rights. Common claims include unfair dismissal, discrimination under the Equality Act 2010, unpaid wages, redundancy pay, whistleblowing detriment, and breach of contract on termination. Since 2014, it has been mandatory to contact ACAS for early conciliation before issuing a tribunal claim. There are no fees to bring an employment tribunal claim (tribunal fees were abolished following the Supreme Court decision in R (UNISON) v Lord Chancellor [2017]).
Who Can Use This Process
- You are (or were) an employee or worker with a qualifying employment right
- For unfair dismissal: you need 2 years' continuous service (unless the dismissal is automatically unfair)
- For discrimination: no minimum service period is required
- You must submit your claim within the relevant time limit (usually 3 months less one day from the act complained of)
Step-by-Step Process
Contact ACAS for Early Conciliation
Before you can issue a tribunal claim, you must notify ACAS (the Advisory, Conciliation and Arbitration Service). You can do this online at acas.org.uk or by calling 0300 123 1100. ACAS will assign a conciliator who will contact both you and your employer to try to resolve the dispute without a tribunal hearing. Early conciliation lasts up to 6 weeks.
- Starting ACAS early conciliation 'stops the clock' on your time limit
- You receive an Early Conciliation Certificate with a reference number — you need this to issue your claim
- Conciliation is free, voluntary, and confidential
- If a settlement is reached through ACAS (a 'COT3'), it is legally binding
Complete the ET1 Claim Form
If early conciliation does not resolve the dispute, you can issue your claim by completing form ET1. This is done online through the Employment Tribunals service. You will need to provide: your personal details, your employer's details, the ACAS early conciliation certificate number, the type of claim, and the facts of your case. The 'grounds of complaint' section is critical — set out clearly what happened and what employment right was breached.
- Be factual and concise in the grounds of complaint — avoid emotional language
- State the legal basis for each claim (e.g., s.94 Employment Rights Act 1996 for unfair dismissal)
- Include the remedy you are seeking (compensation, reinstatement, re-engagement, or a declaration)
- You can claim for multiple complaints on one form (e.g., unfair dismissal + discrimination)
Employer Files ET3 Response
Once your claim is accepted, the tribunal sends a copy to your employer (the respondent), who has 28 days to file a response on form ET3. The response will set out whether the employer contests the claim and their version of events. If no response is filed, you may be able to obtain a default judgment.
- Read the ET3 carefully to understand the employer's defence
- The employer may raise preliminary issues such as time limits or employment status
- If the response raises new facts, consider whether you need to amend your claim
Case Management & Preliminary Hearing
The tribunal may list a Preliminary Hearing to manage the case. This is used to identify the issues, set a timetable for disclosure of documents and exchange of witness statements, and consider whether any preliminary issues (such as time limits or employment status) should be determined separately. The Employment Judge may also explore whether the case can be settled or narrowed.
- Prepare a list of the legal issues and the facts in dispute
- The tribunal may order disclosure — you must provide all relevant documents, even if they do not support your case
- Witness statements will need to be exchanged before the final hearing — usually 28 days before
- Consider instructing a solicitor or seeking free advice from a law centre, Citizens Advice, or trade union
Prepare for the Final Hearing
Prepare a bundle of documents (agreed with the respondent if possible), finalise your witness statement(s), and identify the legal issues. The bundle should include: the ET1 and ET3, the contract of employment, relevant correspondence, policies and procedures, and any other documents relied on. Witness statements should cover all the facts you want the tribunal to consider — your oral evidence will mainly be cross-examination.
- The bundle is usually prepared by the respondent — check it carefully and request any missing documents
- Your witness statement replaces your oral evidence-in-chief — make it comprehensive
- Prepare a chronology of key events and a cast list of relevant people
- Consider preparing a skeleton argument or written submissions for complex legal points
Attend the Final Hearing
The final hearing takes place before an Employment Judge (sitting alone for unfair dismissal, or with two lay members for discrimination cases). The claimant usually presents their case first. Evidence is given on oath. Each witness's statement stands as their evidence-in-chief, followed by cross-examination from the other side and questions from the judge. Both parties then make closing submissions. The tribunal may give judgment on the day or reserve it.
- Hearings typically last 1–5 days depending on complexity
- Address the judge as 'Sir' or 'Madam' (not 'Your Honour')
- You can represent yourself, or be represented by a solicitor, barrister, trade union rep, or lay representative
- If you win on liability, there may be a separate hearing on remedy (compensation)
Remedies and Enforcement
If you win, the tribunal can award: compensation (the basic award + compensatory award for unfair dismissal, or injury to feelings + financial losses for discrimination), reinstatement, re-engagement, or a declaration. The compensatory award for unfair dismissal is capped (currently £115,115 or one year's pay, whichever is lower). Discrimination awards are uncapped. If the employer does not pay, you can enforce the award through the County Court or request enforcement through ACAS.
- Interest accrues on tribunal awards from 42 days after the judgment
- The employer may appeal to the Employment Appeal Tribunal on a point of law within 42 days
- Unpaid awards can be enforced through County Court enforcement methods (bailiffs, attachment of earnings, etc.)
- HMRC may be able to assist with enforcement of unpaid tribunal awards under the penalty notice scheme
Costs
Important Warnings
Time limits are strictly enforced — if you miss the deadline, your claim will almost certainly be rejected. The standard limit is 3 months less one day from the date of dismissal or the act of discrimination.
Costs orders are rare in employment tribunals but can be made if a party acts vexatiously, abusively, disruptively, or if the claim or response had no reasonable prospect of success.
Settlement agreements and COT3 settlements are final — you cannot bring a tribunal claim about the same matter once a valid settlement is signed.