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Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
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Updated April 2026 · England & Wales
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Part of
Employment Law
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
Employment tribunals are the forum most workplace disputes in the UK end up in when they cannot be resolved privately. They sit separately from the ordinary civil courts and deal with matters such as unfair dismissal, discrimination, wages disputes, redundancy pay, whistleblowing and equal pay claims.
The process is designed to be less formal than a full court trial, but it still involves strict time limits, paperwork, evidence and, often, a contested hearing. Most claimants must also go through ACAS early conciliation before a claim can even be accepted.
This guide walks through how tribunal claims begin, how employers respond, what happens at a hearing, and how many cases actually end in a negotiated settlement rather than a decision by a judge. Whether you are an employee weighing up your options or an employer who has just received an ET1, knowing how the system works matters.
Overview
An employment tribunal is an independent judicial body that decides disputes arising out of the working relationship. Unlike the county court or High Court, tribunals specialise in employment law and follow their own procedural rules. A case is typically heard by an Employment Judge sitting alone, or for certain claims such as discrimination, by a panel made up of a judge and two lay members who bring practical experience of the workplace.
The sorts of issues tribunals handle include unfair dismissal, wrongful dismissal, discrimination on protected characteristics under the Equality Act 2010, unpaid wages or holiday pay, redundancy disputes, breach of contract where employment has ended, and equal pay. Strict time limits apply, often three months less one day from the event complained of, so delay can be fatal to a claim.
Before lodging most claims, the person bringing the case has to notify ACAS so that early conciliation can be attempted. The tribunal does not normally order the losing side to pay the winner's legal costs, which is a key difference from civil litigation.
Key steps
01
Contact ACAS for early conciliation. Before you can lodge most tribunal claims, you are required to notify ACAS. A conciliator will contact both sides and try to broker a settlement without the need for a hearing. If no agreement is reached, ACAS issues an early conciliation certificate with a unique reference number, which you must quote on your claim form.
02
Complete and submit the ET1 claim form. The claim itself is made on an ET1 form, available through the gov.uk tribunal service. You will need to set out who the respondent is, dates of employment, what happened, what type of claim you are bringing and what remedy you are seeking. Accuracy matters, because what you write here shapes the scope of your case going forward.
03
Employer files the ET3 response. Once the tribunal accepts the claim, it sends a copy to the employer who has 28 days to respond using the ET3 form. The response sets out whether the claim is resisted, the employer's version of events, and any legal defences. Missing the deadline can result in judgment being entered without a hearing.
04
Case management and preparation. The tribunal may issue directions on disclosure of documents, witness statements, a bundle of evidence and a list of issues. There may be a preliminary hearing to narrow the issues or decide jurisdictional points. Both sides will need to prepare their evidence carefully, as the final hearing depends on this groundwork.
05
Final hearing and decision. At the hearing, both parties give evidence, call witnesses and make submissions. The judge or panel then decides the case, either giving a decision on the day or reserving judgment to be sent in writing later. If the claim succeeds, the tribunal will also decide on remedy, which may be compensation, reinstatement or re-engagement.
Common questions
QDo I have to go through ACAS before starting a tribunal claim?
In most cases, yes. Early conciliation through ACAS is a mandatory first step for the great majority of employment tribunal claims. You notify ACAS, they contact both parties and attempt to help you reach a settlement. If conciliation does not resolve things, ACAS issues a certificate with a reference number that you need before you can submit an ET1 claim form to the tribunal.
QHow long do I have to bring an employment tribunal claim?
Time limits are tight. For most claims, including unfair dismissal and discrimination, you generally have three months less one day from the date of the act complained of, such as the date of dismissal. Early conciliation can pause the clock briefly. Missing the deadline usually means the tribunal has no power to hear your claim, so acting quickly is important.
QWill I need a solicitor to represent me at the tribunal?
You are not required to have legal representation. Many claimants and respondents represent themselves, and some are helped by a trade union, a friend or a legal representative. Tribunals are designed to be accessible, but the rules around evidence, bundles and cross-examination can still be challenging. Getting some guidance before you decide how to proceed is often worthwhile.
QWhat is a settlement agreement and how does it relate to tribunals?
A settlement agreement is a legally binding contract under which an employee typically agrees to waive employment claims in return for a payment or other terms. For the agreement to be effective in waiving statutory claims, the employee must take independent legal advice from a qualified adviser. Many potential tribunal claims are resolved this way before or after proceedings are issued.
QCan the tribunal make the losing side pay my legal costs?
Costs orders in employment tribunals are much rarer than in the ordinary civil courts. The general rule is that each side bears their own costs. A tribunal can award costs in limited circumstances, for example where a party has behaved unreasonably or brought a claim with no reasonable prospect of success. You should not assume you will recover your legal spend even if you win.
QWhat remedies can a tribunal award if my claim succeeds?
The most common remedy is financial compensation, which in an unfair dismissal claim is usually made up of a basic award and a compensatory award, subject to statutory limits. For discrimination claims, compensation can also include an award for injury to feelings and is not subject to the same cap. In some cases the tribunal can order reinstatement or re-engagement, though this is less common in practice.
QWhat happens at a preliminary hearing?
A preliminary hearing is used to deal with case management or to decide specific legal issues, such as whether the tribunal has jurisdiction or whether a claim was brought in time. It is usually shorter and less formal than the final hearing. Sometimes the judge uses it to encourage the parties to discuss settlement, narrow the issues, or agree directions for how the case will be prepared.
BA
Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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