Employment Tribunal Process: Step-by-Step Guide

You cannot submit a claim to an Employment Tribunal without first going through ACAS early conciliation. This is a legal requirement, not an optional step.

To start the process, submit a notification to ACAS online at acas.org.uk or by calling their helpline. You will need to provide your details, your employer's details, and a brief description of the dispute.

ACAS will assign a conciliator who contacts both parties to explore whether a settlement can be reached. The conciliation period lasts up to one calendar month, with a possible two-week extension if both parties agree.

Key points about ACAS early conciliation:

• It is completely free
• It is confidential — nothing said during conciliation can be used as evidence in later proceedings
• The time limit clock pauses while conciliation is ongoing
• If settlement is reached, it is recorded on a legally binding COT3 form
• If no settlement is reached, ACAS issues an early conciliation certificate — you need the reference number to submit your tribunal claim

Even if conciliation does not resolve the dispute, the process often clarifies the issues and can lead to settlement discussions later.

If ACAS conciliation does not resolve the dispute, you submit a claim by completing an ET1 form. This can be done online through the Employment Tribunals service.

The ET1 asks for:

• Your personal details and your employer's details
• Your ACAS early conciliation certificate number
• The type of claim (unfair dismissal, discrimination, unpaid wages, etc.)
• The details of your claim — a clear description of what happened and why you believe it was unlawful
• The remedy you are seeking (compensation, reinstatement, or a declaration)

The details section is important. While you do not need to include every piece of evidence, you should set out the key facts clearly and chronologically. A well-drafted ET1 gives the tribunal and your employer a clear picture of your case from the outset.

There is no fee to submit a tribunal claim. The government introduced fees in 2013 but the Supreme Court ruled them unlawful in 2017 (R (UNISON) v Lord Chancellor).

Once your claim is accepted, the tribunal sends a copy to your employer, who has 28 days to submit a response on the ET3 form. The response sets out the employer's version of events and their defence to your claim.

If the employer does not respond within the deadline, they may be barred from defending the claim, and the tribunal could issue a default judgment in your favour. In practice, most employers do respond, often with the help of solicitors or HR advisers.

After the ET3 is filed, the tribunal will send you a copy. Reading the response carefully is important — it tells you what the employer admits, what they deny, and what their defence strategy is likely to be.

Most cases have at least one preliminary hearing before the main hearing. Preliminary hearings are used to:

• Clarify the issues in dispute (the "list of issues")
• Set a timetable for the case (deadlines for disclosure, witness statements, and the hearing itself)
• Deal with procedural applications (such as requests for additional information, strike-out applications, or deposit orders)
• Decide preliminary legal points (such as whether the claim was filed in time)

Preliminary hearings may be conducted by telephone, video, or in person. They are usually less formal than full hearings and are conducted by an Employment Judge sitting alone.

At this stage, the tribunal will issue case management orders setting out what each party must do and by when. It is critical to comply with these orders — failure to do so can result in your claim being struck out or your defence being barred.

Disclosure is the process of sharing relevant documents with the other side. Both parties are required to provide copies of documents that are relevant to the issues in the case, including documents that may be unhelpful to their own position.

Typical documents disclosed include employment contracts, emails, meeting notes, performance reviews, investigation reports, grievance correspondence, and payslips. You are not required to disclose legally privileged communications (such as advice from your solicitor).

Witness statements are written statements setting out the evidence of each witness in their own words. They serve as the witness's evidence-in-chief — at the hearing, the tribunal will read the statements in advance, and the witness will then be cross-examined on them.

Writing a clear, chronological, and honest witness statement is one of the most important things you can do to prepare your case. Stick to facts you personally witnessed, avoid argument or opinion, and support key points with references to documents in the bundle.

The final hearing is where the tribunal hears evidence, considers the arguments, and makes a decision. Here is what typically happens:

• The panel: Unfair dismissal cases are usually heard by an Employment Judge sitting alone. Discrimination cases are often heard by a panel of three (an Employment Judge plus two non-legal members).
• Duration: Simple cases may take 1–2 days. Complex discrimination or whistleblowing cases can take 1–3 weeks.
• Evidence: Witnesses give evidence under oath. The tribunal reads the witness statements in advance, so the hearing focuses on cross-examination — the other party's representative asks questions to test the witness's account.
• Submissions: After all evidence has been heard, both sides present closing submissions summarising their case and the key evidence. This can be done orally or in writing.
• Judgment: The tribunal may give judgment on the day (reserved judgment) or may reserve it for a later date. Written reasons are provided. If liability is found, the tribunal may deal with remedy (how much compensation) at the same hearing or schedule a separate remedy hearing.

The hearing is formal but less rigid than a court. You can represent yourself (in person), be represented by a solicitor or barrister, or have a lay representative (such as a trade union official or Citizens Advice volunteer).

Costs: Unlike in the civil courts, the general rule in Employment Tribunals is that each party bears their own costs. The tribunal can order one party to pay the other's costs, but only in limited circumstances — for example, if a party has acted vexatiously, abusively, disruptively, or unreasonably, or if a claim or response had no reasonable prospect of success. Costs orders are not common.

Appeals: If you disagree with the tribunal's decision, you can appeal to the Employment Appeal Tribunal (EAT), but only on a point of law. You cannot appeal simply because you disagree with the tribunal's findings of fact. Appeals must be lodged within 42 days of the written judgment being sent to the parties.

Enforcement: If the tribunal awards you compensation and your employer does not pay, you can enforce the judgment through the county court or use HMRC's penalty scheme for non-payment of tribunal awards. Unfortunately, enforcement can be challenging, particularly against smaller employers or companies in financial difficulty.

This guide provides general legal information about UK law and is not legal advice. Laws and regulations change, and individual circumstances vary significantly. For advice specific to your situation, you should consult a qualified solicitor.

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