Unfair Dismissal Tribunal Claim Journey
End-to-end Employment Tribunal route from dismissal through ACAS Early Conciliation to ET1, ET3, preliminary hearing, final hearing, and remedy.
Who Uses This Journey
Employees dismissed without a fair reason or without a fair procedure. Currently requires 2 years' service for ordinary unfair dismissal (day one from late 2026 once Employment Rights Act 2025 commences).
Stage-by-Stage Timeline
Effective Date of Termination
Identify the EDT — usually the last day worked or end of notice. The 3-month-less-1-day limitation clock starts here.
- Confusing the dismissal letter date with the EDT (the EDT is normally the end of notice unless pay in lieu)
ACAS Early Conciliation
Mandatory pre-claim conciliation that stops the limitation clock between EC start and certificate issue.
- Dismissal letter
- Last payslip
- Employment contract
- Settlement via ACAS COT3
- EC Certificate issued (clears way for ET1)
File ET1
Submit the claim form online (et1@justice.gov.uk for paper). Set out grounds clearly; identify respondent(s) correctly.
ET3 response
Employer's reply within 28 days of receipt of the claim. Sets out their version of events and any reliance on a fair reason.
Preliminary hearing
Case management. Identify the issues, list of issues, time estimate, disclosure and witness orders, and possible deposit orders.
- Failing to attend; failing to bring a list of issues
Disclosure and witness statements
Exchange documents and witness statements per the Order. Late or missing disclosure can result in strike out or costs sanctions.
Final hearing
Evidence (employee usually goes first as the burden is on the employer to show a fair reason in dismissal cases, but the claimant bears it in discrimination), cross-examination, submissions. Judgment with reasons normally follows in writing.
- Witness statements
- Documentary bundle
- Schedule of loss
Remedy hearing
If liability is found, the tribunal determines remedy: basic award + compensatory award (capped at lower of £115,115 or 52 weeks' pay from 6 April 2025), and possibly reinstatement/re-engagement.
- Compensation
- Reinstatement (rare)
- Re-engagement (rare)