Employment Tribunals UK: ET1, ET3 & Acas Conciliation (2026)

At a glance

• Before you claim: contacting Acas for early conciliation is a legal precondition for most tribunal claims, under section 18A of the Employment Tribunals Act 1996. Since 1 December 2025 conciliation can run for up to 12 weeks.
• Current time limit: most claims — unfair dismissal and discrimination included — must reach the tribunal within 3 months less one day of the event, though contacting Acas pauses the clock.
• Cost of claiming: there is currently no fee to submit an ET1; the government confirmed in October 2025 that it will not reintroduce tribunal fees.
• Employer's deadline: once the tribunal sends the claim on, the employer has 28 days to file an ET3 response or risks a default judgment.
• Costs are the exception, not the rule: each side normally pays its own costs; a tribunal can order costs — usually capped at £20,000 — only in limited circumstances such as unreasonable conduct.
• Unfair dismissal compensation (dismissals on or after 6 April 2026): compensatory award capped at £123,543 or 52 weeks' gross pay, whichever is lower; basic award capped at £22,530.
• Injury to feelings (claims presented on or after 6 April 2026): Vento bands of £1,300–£12,600 (lower), £12,600–£37,700 (middle) and £37,700–£62,900 (upper), with exceptional cases able to exceed £62,900.
• Qualifying period today: 2 years' continuous employment for "ordinary" unfair dismissal under section 108 of the Employment Rights Act 1996 — some dismissals (for example connected to whistleblowing or pregnancy) are automatically unfair from day one regardless of service.
• Confirmed — from 1 October 2026: the tribunal time limit extends from 3 months less a day to 6 months for most claims, including breach of contract claims, under the Employment Rights Act 2025 and its commencement regulations.
• Confirmed — from 1 January 2027: the unfair dismissal qualifying period falls to 6 months (a "day one" right was proposed, then dropped) and the compensatory award cap is removed.

What is an employment tribunal?

An employment tribunal is an independent judicial body that decides disputes arising out of the working relationship, separately from 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 of a judge and two lay members with practical workplace experience.

The issues tribunals handle include unfair dismissal, wrongful dismissal, discrimination on a protected characteristic under the Equality Act 2010, unpaid wages or holiday pay, redundancy disputes, breach of contract claims where employment has ended, and equal pay. If you are trying to work out which category your situation falls into, see our guides on unfair dismissal, wrongful dismissal, disability discrimination claims and race discrimination claims.

This guide covers England and Wales. Scotland and Northern Ireland have broadly similar tribunal systems, but some procedural detail and time limits differ — and, as explained below, the October 2026 breach-of-contract time-limit extension applies only in England and Wales.

Before you claim: Acas early conciliation

Before lodging most tribunal claims, a prospective claimant must notify Acas so that early conciliation can be attempted — this is a statutory requirement under section 18A of the Employment Tribunals Act 1996 and the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014. A small number of exempt cases can proceed without it, but for the great majority of employees and employers it is a genuine precondition: the tribunal will reject an ET1 that lacks a valid Acas early conciliation certificate number, where one is required.

An Acas conciliator contacts both prospective parties and tries to help them reach a settlement without a hearing. Since 1 December 2025, following the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, the conciliation period can run for up to 12 weeks, extended from the previous 6-week maximum. If a settlement is reached, Acas records it in a legally binding agreement known as a COT3. If not, Acas issues a certificate with a unique reference number, which the claimant must quote on their ET1.

Time limits: acting fast matters

Time limits in the tribunal system are strict, and missing one is usually fatal to a claim. As things stand today, for most claim types — including unfair dismissal, discrimination, unlawful deductions and whistleblowing detriment — you generally have 3 months less 1 day from the date of the act complained of, such as the date of dismissal or the last act in a continuing course of conduct. Contacting Acas for early conciliation pauses this clock for the duration of the conciliation period, but it does not restart it.

Breach of contract claims brought in the tribunal currently follow the same 3-months-less-a-day rule, but — unlike an earlier stage of the reform — this is not an exception to the change described below; it is now confirmed to be extended on the same timetable.

A change is coming, and it is now confirmed. Section 152 of, and Schedule 12 to, the Employment Rights Act 2025, together with the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026, extend the standard time limit for most tribunal claims from 3 months to 6 months, in force from 1 October 2026 and applying only to claims based on events happening on or after that date — a dismissal or discriminatory act that occurred before 1 October 2026 is still governed by the current 3-months-less-a-day rule.

Two further statutory instruments extend the same 6-month limit to claim types that sit outside the main Act:

• The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (SI 2026/758) extend the limit from 3 to 6 months for part-time worker, fixed-term employee, blacklisting, zero-hours and related claims, for events on or after 1 October 2026.
• The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (SI 2026/759) extends the limit for breach of contract claims brought in the tribunal from 3 to 6 months, applying where the effective date of termination — or, if there is none, the employee's last working day — falls on or after 1 October 2026. This Order extends to England and Wales only; the equivalent Scottish time limit is set separately.

Making a claim: the ET1 form

A tribunal claim is started by completing an ET1 form, available through GOV.UK. You need to set out who the respondent is, your dates of employment, what happened, what type of claim you are bringing, and what remedy you want. There is currently no fee to submit an ET1 — tribunal fees were abolished in 2017, and the government confirmed in October 2025 that it will not bring claimant fees back. Accuracy in the ET1 matters, because what you write shapes the scope of your case as it proceeds. For a fuller walkthrough of the claim timeline from start to finish, see making a claim to an employment tribunal.

The employer's response: ET3

Once the tribunal accepts a claim, it sends a copy to the respondent, who has 28 days from the date it is sent to file a response 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 lead to a default judgment being entered without a hearing, though a tribunal can sometimes grant more time on request. Employers should also review their wider obligations — see our guide on UK employment law for employers.

Case management, preliminary hearings and the final hearing

The tribunal may issue directions on disclosure of documents, exchange of witness statements, a bundle of evidence and an agreed list of issues. There is often a preliminary hearing to narrow the issues, decide a jurisdictional point (such as whether the claim was brought in time), or encourage the parties to discuss settlement. Both sides need to prepare their evidence carefully, since the final hearing depends on this groundwork.

At the final 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 goes on to decide remedy.

Remedies: what a tribunal can award

The most common remedy is financial compensation. In an unfair dismissal claim this is usually made up of two elements:

• A basic award, calculated in a similar way to statutory redundancy pay by reference to age, length of service (capped at 20 years) and a week's pay. For dismissals on or after 6 April 2026, a week's pay is capped at £751 for this purpose, giving a maximum basic award of £22,530; the minimum basic award in certain automatically unfair dismissals (for example some health and safety or trade union reasons) rises to £9,157 over the same period, under the Employment Rights (Increase of Limits) Order 2026.
• A compensatory award, covering loss of earnings and other losses flowing from the dismissal, subject to a statutory cap of £123,543 or 52 weeks' gross pay, whichever is lower, for the same period. This cap is confirmed to be removed for dismissals from 1 January 2027, once the Employment Rights Act 2025 changes commence — but not yet.

For discrimination claims under the Equality Act 2010, compensation can also include a separate award for injury to feelings, assessed by reference to the Vento bands set out in Presidential Guidance and uprated each April. For claims presented on or after 6 April 2026, the bands are a lower band of £1,300 to £12,600 for less serious, one-off acts of discrimination; a middle band of £12,600 to £37,700 for cases that do not merit the top band; and an upper band of £37,700 to £62,900 for the most serious cases, such as a lengthy campaign of discriminatory conduct — with the most exceptional cases capable of exceeding £62,900. Injury to feelings awards are not subject to the unfair dismissal compensatory cap.

In some cases the tribunal can order reinstatement (the employee's old job back) or re-engagement (a comparable role), under Part X, Chapter II of the Employment Rights Act 1996. These orders are only made where the claimant asks for one and it is practicable, and in practice they are used far less often than compensation.

Many potential claims are resolved before reaching this stage through a settlement agreement — a binding contract in which the employee typically waives their tribunal claims in exchange for a payment or other terms. Under section 203 of the Employment Rights Act 1996, the waiver is only valid if the employee has received advice on the agreement's terms and effect from a relevant independent adviser beforehand.

Costs: why they are rare

Unlike the civil courts, employment tribunals do not generally make the losing side pay the winner's costs — each party normally bears its own. Under rule 74 of the Employment Tribunal Procedure Rules 2024, a tribunal may order costs — and must at least consider doing so — where a party or their representative has acted vexatiously, abusively, disruptively or otherwise unreasonably in bringing or conducting the case, where a claim or response had no reasonable prospect of success, or where a hearing was postponed or adjourned at short notice on a party's application. Under rule 76, the amount ordered is generally capped at £20,000 unless the parties agree a specific higher sum or the tribunal directs a detailed assessment in the county court, which can produce a larger award. You should not assume you will recover your legal spend, even if you win.

Employment Rights Act 2025: what's changing, and what hasn't changed yet

The Employment Rights Act 2025 makes significant changes to tribunal procedure and unfair dismissal law. Its commencement regulations are now made, so the dates below are confirmed rather than provisional — but as at August 2026 the changes themselves are not yet in force. Treat any claim that the law has "already changed" with caution.

Tribunal time limits — confirmed from 1 October 2026

Section 152 of, and Schedule 12 to, the Act extend the standard time limit for bringing most tribunal claims from 3 months less a day to 6 months, commenced by the Commencement No. 2 (Amendment) Regulations 2026 with effect from 1 October 2026, applying only to claims based on events on or after that date. Two further instruments extend the same 6-month limit to claim types the main Act did not originally reach: SI 2026/758 (part-time worker, fixed-term employee, blacklisting and zero-hours claims) and SI 2026/759 (breach of contract claims in England and Wales). Breach of contract claims are therefore not an exception to the reform, contrary to some earlier commentary — they move onto the same 6-month limit from 1 October 2026, based on the employee's effective date of termination.

Unfair dismissal qualifying period and compensation cap — confirmed from 1 January 2027

An early version of the Bill proposed making unfair dismissal a "day one" right with no minimum service requirement. That proposal was dropped during the Bill's passage. The version enacted instead reduces the qualifying period for ordinary unfair dismissal from the current 2 years to 6 months, paired with removal of the statutory cap on the compensatory award. The Commencement No. 4 Regulations 2026 (SI 2026/559) confirm both changes take effect on 1 January 2027. The reduced qualifying period is based on total length of service rather than when employment began, so an employee already in a job on that date with 6 or more months' continuous service gains unfair dismissal protection when the change commences, without needing anything further to happen. Until 1 January 2027, the existing 2-year qualifying period in section 108 of the Employment Rights Act 1996 continues to apply to ordinary unfair dismissal claims — dismissals happening now are governed by the current rule, not the 2027 one.

None of this affects dismissals that are already automatically unfair regardless of length of service — for example dismissals connected to whistleblowing, pregnancy and family leave, or health and safety reasons — or claims under the Equality Act 2010, which have never required a qualifying period.

Worked example: Farid's redundancy dismissal

Farid, a fictional employee, is dismissed on what he believes is a sham redundancy on 3 March 2026. To challenge it, he must notify Acas for early conciliation before he can lodge an ET1 — the 3-months-less-a-day time limit runs from 3 March 2026, so his ordinary deadline would fall on 2 June 2026, but the clock pauses for the weeks he spends in Acas conciliation. Because his dismissal happened before 1 October 2026, the tribunal applies the current 3-months-less-a-day rule to his case, not the future 6-month limit, even if his claim is actually heard well after that date.

Now vary the facts: if Farid's dismissal had instead happened on 15 October 2026 — after the Employment Rights Act 2025 time-limit change comes into force — he would have up to 6 months, giving him considerably more breathing room to take advice and decide whether to proceed. If Farid also had an unpaid notice-pay claim arising from the same dismissal, that breach of contract claim would now run on the same 6-month clock as his unfair dismissal claim, rather than the shorter period that earlier reporting suggested would still apply.

What to do next: step by step

1. Work out what type of claim you may have — unfair dismissal, discrimination, wage or holiday pay, redundancy, breach of contract, or something else — since this affects both the time limit and the remedy available.
2. Contact Acas for early conciliation as soon as you can. Do not wait until close to your deadline, since the conciliation window itself can run for weeks.
3. Note your deadline precisely, based on the current 3-months-less-a-day rule, and diarise it — do not assume the October 2026 or January 2027 changes already apply to your situation.
4. Gather your evidence — contracts, payslips, correspondence, and a written timeline of events — while your memory of the sequence is fresh.
5. Decide whether to negotiate or claim. Many disputes settle during or after early conciliation; a settlement agreement needs independent legal advice to be binding.
6. If you proceed, complete the ET1 carefully, since it shapes the scope of the case, and respond to any tribunal directions on time.
7. Take advice early if the position is unclear, the amounts at stake are significant, or your employer has instructed lawyers — the earlier you get guidance, the more options usually remain open.

Common mistakes that weaken a tribunal claim

• Leaving Acas contact too late. The early conciliation window eats into your time limit; starting it early protects your position.
• Assuming the October 2026 or January 2027 changes already apply. Relying on a 6-month time limit or a 6-month qualifying period for something that happened before the relevant commencement date can mean missing the real, current deadline.
• Assuming breach of contract claims are excluded from the 2026 time-limit change. They are not — the extension to 6 months now covers them too, from 1 October 2026.
• Filing a vague ET1. A claim form that does not clearly set out the facts and remedy sought can limit what the tribunal will consider later.
• Ignoring the ET3 deadline as an employer. A default judgment can be entered without a hearing if a response is late or missing.
• Expecting to recover legal costs automatically after winning. Costs orders are the exception, not the rule, in the tribunal system.

This guide provides general information about how employment tribunals work in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: February 2027 or on legislative change.