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 £123,543 or 52 weeks' pay from 6 April 2025), and possibly reinstatement/re-engagement.
- Compensation
- Reinstatement (rare)
- Re-engagement (rare)
Official Sources
Related Guides
Frequently asked questions
- How long does an unfair dismissal tribunal claim usually take?
- The entire process typically takes between six and eighteen months from the date of dismissal until the remedy hearing. This timeline includes the mandatory ACAS Early Conciliation period, the submission of the ET1 claim form, the employer’s response, preliminary hearings, and the final hearing where liability and compensation are determined.
- What is the deadline for starting the ACAS Early Conciliation process?
- You must start ACAS Early Conciliation within three months less one day of your Effective Date of Termination (EDT). The EDT is usually your last day worked or the end of your notice period. The limitation clock stops while conciliation is ongoing and resumes when the certificate is issued, giving you at least one calendar month from that point to file your claim.
- Do I need two years of service to claim unfair dismissal?
- Ordinary unfair dismissal claims currently require two years of continuous service. However, this requirement is scheduled to change to day-one rights once the Employment Rights Act 2025 commences in late 2026. Until then, employees with less than two years’ service generally cannot bring a standard unfair dismissal claim, though other protections may apply.
- What compensation can I receive if I win my unfair dismissal claim?
- If liability is found, the tribunal can award a basic award and a compensatory award. From 6 April 2025, the compensatory award is capped at the lower of £123,543 or 52 weeks’ pay. The tribunal may also order reinstatement or re-engagement, although these remedies are rarely granted in practice.
- How do I submit my unfair dismissal claim and what does the employer do next?
- There is no fee to submit the ET1 claim form. You can file it online or by paper via et1@justice.gov.uk. It is crucial to set out your grounds clearly and identify the correct respondent(s). The employer then has 28 days from receiving the claim to submit their ET3 response, detailing their version of events and any fair reason for dismissal.