Employment Tribunal Claims UK: ET1, ACAS & Evidence

Overview

An employment tribunal is an independent judicial body that hears disputes between workers and employers. Tribunals deal with a defined list of statutory claims, including unfair dismissal, unlawful discrimination on protected grounds, unauthorised deductions from wages, breach of contract in certain circumstances, redundancy pay disputes, equal pay claims, and whistleblowing detriment.

They do not handle personal injury claims or general contractual disputes that fall outside employment law. Compared with the civil courts, tribunals are designed to be more accessible. The rules of evidence are applied with some flexibility, parties often represent themselves, and costs awards against the losing side are rare.

However, this does not mean the process is informal in substance. Judges expect claimants to present their case clearly, to comply with directions, and to produce relevant documents on time. Most claims are heard by an Employment Judge sitting alone, though discrimination and whistleblowing cases may be heard by a panel that also includes two lay members drawn from employer and employee backgrounds.

Key steps

1. Check your time limit and eligibility. Most tribunal claims must be brought within three months less one day from the date of the act complained of, such as the effective date of dismissal or the last discriminatory act. Redundancy pay and equal pay claims have longer windows. Check your employment status too, since some rights apply only to employees, while others extend to workers.
2. Notify ACAS for early conciliation. Before issuing a claim, you must contact the Advisory, Conciliation and Arbitration Service to start the early conciliation process. ACAS will offer to speak with your employer to see whether a settlement is possible. If conciliation fails or the employer declines to engage, ACAS issues a certificate containing a reference number you need to proceed.
3. Complete and submit the ET1 claim form. The ET1 is the formal document that starts tribunal proceedings. You will need to set out the facts, the legal basis of your claim, and the remedy you are seeking. Be accurate and concise, because the form defines the scope of what the tribunal will consider. Submit it online through the gov.uk tribunal service before your deadline expires.
4. Respond to the employer's ET3 and case management. Once your claim is accepted, the employer has 28 days to file an ET3 response setting out their defence. The tribunal will then issue directions, often including deadlines for exchanging documents, preparing witness statements, and agreeing a bundle. Diarise every date and comply promptly, as missed deadlines can lead to strike-out.
5. Gather evidence and prepare for the hearing. Collect contracts, payslips, emails, grievance correspondence, meeting notes, and anything else relevant to the issues. Identify witnesses who can give first-hand accounts and prepare their statements. Organise everything chronologically and cross-reference it to the points in your ET1. Arrive at the hearing ready to explain your case in plain terms.