How the Employment Tribunal Process Works: A Step-by-Step Guide

The employment tribunal is the specialist court that decides disputes between employees and employers in the UK. For most workers, it is the only realistic forum for enforcing rights like unfair dismissal, discrimination, and unlawful deduction of wages. The process can seem daunting, but it follows a structured path. Here is how it works, step by step.

Step 1: ACAS Early Conciliation (Mandatory)

Before you can submit an employment tribunal claim, you must contact ACAS and go through Early Conciliation. This is a legal requirement — you cannot skip it. ACAS will contact your employer to see if the dispute can be settled without going to tribunal. Conciliation is voluntary for both sides, and either party can decline to participate.

The Early Conciliation period lasts up to 6 weeks (extendable by a further 2 weeks by agreement). Importantly, the time limit for your tribunal claim is paused ("stopped") while Early Conciliation is ongoing. If conciliation does not resolve the matter, ACAS issues an Early Conciliation certificate with a reference number. You need this number to proceed to the tribunal.

Many disputes settle at this stage. ACAS conciliators are experienced and impartial, and settlements reached through ACAS (recorded on a COT3 form) are legally binding. Even if you intend to go to tribunal, Early Conciliation is free and may resolve the matter more quickly.

Step 2: Submitting the ET1 Claim Form

If Early Conciliation does not resolve the dispute, you submit your claim to the tribunal using an ET1 form, available on the GOV.UK website. The ET1 sets out your personal details, your employer's details, the ACAS certificate number, and — critically — the details of your claim.

The details of your claim are the most important section. You should explain clearly: what happened, when, what your employer did (or failed to do), which rights you say were breached, and what remedy you are seeking. Be factual and specific. The tribunal will use your ET1 to understand your case, and you will generally be limited to the claims you have pleaded.

There is a strict time limit for submitting the ET1: three months less one day from the "effective date of termination" (for unfair dismissal) or from the act complained of (for discrimination). The clock is stopped during Early Conciliation, but you must act promptly.

Step 3: The ET3 Response

Once the ET1 is submitted, the tribunal sends a copy to your employer. The employer has 28 days to file an ET3 response form. The ET3 sets out the employer's version of events and their defence to your claims. If the employer fails to respond in time, the tribunal may issue a default judgment in your favour.

After both forms are filed, the tribunal has the full picture of each side's position.

Step 4: Case Management

Most tribunal cases go through a case management stage before the final hearing. This may involve:

• Case Management Orders: Directions from the tribunal on what steps each party must take before the hearing — for example, exchanging documents, providing witness statements, or agreeing a bundle of documents.
• Preliminary Hearings: These can be held to determine preliminary issues (e.g. whether the claim was submitted in time, or whether the claimant has qualifying service), or to manage the case and set a timetable.
• Disclosure and Evidence: Both parties are typically required to provide disclosure of relevant documents. Employment tribunals are less formal than civil courts in their disclosure rules, but parties are expected to provide documents that are relevant to the issues.

The pace of case management varies by region and complexity. Simple claims may proceed to a final hearing within 6-9 months of the ET1. Complex discrimination cases can take 18 months or more.

Step 5: The Final Hearing

The final hearing is where the tribunal hears evidence and makes its decision. An employment tribunal typically consists of an Employment Judge and two lay members (one with a background in employer organisations, one with a background in employee/trade union organisations), though some cases are heard by a judge alone.

The hearing follows a formal structure: opening statements, witness evidence (including cross-examination), closing submissions, and then the judgment (which may be given orally at the end or reserved and given later in writing). Most employment tribunal hearings are open to the public.

For most claimants, giving evidence and being cross-examined is the hardest part. Prepare your witness statement carefully, stick to the facts, and answer the questions you are asked. Staying calm under cross-examination is more important than being articulate.

Step 6: The Remedies Hearing

If the tribunal finds in your favour on liability (i.e. it finds that your employer did dismiss you unfairly, or did discriminate against you), there is often a separate hearing on remedies — what compensation or other orders should be made.

For unfair dismissal, the main remedies are:

• Reinstatement or re-engagement — being given your job back (rarely ordered in practice)
• Basic award — calculated on age, length of service, and weekly pay (similar to redundancy pay)
• Compensatory award — for financial loss (lost earnings, lost benefits). Currently capped at £118,223 or 52 weeks' gross pay (whichever is lower), but this cap is being abolished from January 2027.

For discrimination claims, compensation is uncapped and includes injury to feelings assessed under the Vento bands (ranging from £1,100–£45,600 for injury to feelings alone in straightforward cases).

Step 7: Appeals

If either party disagrees with the tribunal's decision on a point of law (not a point of fact), they can appeal to the Employment Appeal Tribunal (EAT). Appeals must be submitted within 42 days of the written judgment. The EAT does not rehear the evidence — it only considers whether the tribunal made an error of law.

The Practical Reality

Employment tribunals are designed to be accessible to claimants who are not legally represented, and many successful claims are brought by people representing themselves. That said, complex cases — particularly disability discrimination or constructive dismissal — benefit from legal advice. Many employment solicitors offer free initial consultations, and some work on a no-win no-fee basis for strong claims. ACAS, Citizens Advice, and trade unions can also provide support. Use every free resource available before deciding whether to pay for representation.