Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Taking a workplace dispute to an employment tribunal is a significant step, and one that most people only contemplate once every other avenue has been exhausted. Whether you believe you have been unfairly dismissed, discriminated against, underpaid, or denied rights you are entitled to under your contract, the tribunal system exists to give workers a route to challenge their employer without needing to go through the civil courts.
The process has its own rules, its own timescales, and a mandatory conciliation stage before you can even lodge a claim. This page walks you through how a claim moves from the initial dispute to a final judgment, what ACAS does, and the key points where a caller can benefit from talking their situation through with someone who understands how these cases actually unfold.
Overview
An employment tribunal is an independent judicial body that hears disputes between workers and employers across England, Wales and Scotland. Unlike the county court or High Court, tribunals are designed to be more accessible, with less formal procedures and judges who specialise in employment law.
Claims typically cover issues such as unfair dismissal, redundancy payments, discrimination on protected grounds, unlawful deductions from wages, breach of contract on termination, and whistleblowing detriment. Before a claim can be filed with the tribunal, the claimant must first notify ACAS and go through the Early Conciliation process, which is a free service aimed at settling the dispute without litigation.
If that does not produce an agreement, ACAS issues a certificate containing a unique reference number, which is required to submit the ET1 claim form. Strict time limits apply, usually three months less one day from the act complained of, though this can be extended in limited circumstances.
Getting the procedural basics right matters: a claim filed late or without a valid ACAS number is unlikely to proceed.
Key steps
Raise the issue internally first. Before anything reaches a tribunal, most workplace disputes are expected to go through the employer's own grievance or appeal procedures. Speaking directly to a manager, HR, or following the written grievance process can sometimes resolve matters, and tribunals may take a dim view of a failure to engage with internal processes.
Notify ACAS and begin Early Conciliation. Contacting ACAS is a mandatory step before lodging a claim. You can do this online through the Early Conciliation notification form, or by phone. ACAS will assign a conciliator who will speak with both sides to see whether a settlement can be reached within the statutory conciliation window, which typically lasts up to six weeks.
Obtain the Early Conciliation certificate. If conciliation does not resolve the dispute, ACAS issues a certificate with a unique reference number. You cannot submit a tribunal claim without this number. Keep it safe, as it must be entered on the ET1 form, and check the dates carefully because they affect when your claim deadline falls.
Submit the ET1 claim form to the tribunal. The ET1 is the form used to start a claim. You can file it online via the gov.uk tribunal service or post it to the central office. You need to set out the facts clearly, identify the respondent accurately, and specify which legal claims you are bringing. Incomplete or unclear claims can be rejected or delayed.
Respond to case management and prepare for the hearing. Once the respondent files an ET3 response, the tribunal issues directions covering disclosure of documents, witness statements, bundles and sometimes a preliminary hearing. The final hearing is where evidence is given and a judgment is issued. The whole process often takes around 26 to 30 weeks, although complex cases can take considerably longer.
Q How long do I have to bring an employment tribunal claim?
For most claims, including unfair dismissal and discrimination, the deadline is three months less one day from the date of the act you are complaining about, such as the dismissal date or the last discriminatory act. The Early Conciliation process can pause the clock. Equal pay and redundancy payment claims have different time limits, and late claims are only accepted in limited circumstances.
Q Do I have to go through ACAS before making a claim?
Yes, in almost all cases Early Conciliation with ACAS is a mandatory step. You must notify ACAS, receive an Early Conciliation certificate, and quote the reference number on your ET1 form. There are narrow exceptions, but for the vast majority of prospective claimants, contacting ACAS is the first formal step before any tribunal claim can be accepted.
Q Does it cost anything to bring an employment tribunal claim?
At present there are no fees to issue an employment tribunal claim in England, Wales or Scotland, following the 2017 Supreme Court ruling that struck down the previous fee regime. Proposals to reintroduce fees have been discussed periodically, so it is worth checking gov.uk for the current position before submitting a claim.
Q Can I bring a claim if I have already signed a settlement agreement?
A properly executed settlement agreement usually prevents you from bringing a tribunal claim for the matters it covers, provided it meets the statutory requirements, including independent legal advice. If you believe the agreement was signed under duress, or does not cover the claim you want to bring, the position can be more nuanced and worth talking through before taking action.
Q What happens at the final hearing?
At the final hearing, both sides present their evidence to an employment judge, sometimes sitting with lay members. Witnesses give evidence and are cross-examined, and the tribunal considers the documents in the bundle. The judge then decides whether the claim succeeds and, if so, what remedy applies. A written judgment usually follows, either on the day or some weeks later.
Q Can I represent myself at an employment tribunal?
Yes, many claimants represent themselves, and tribunals are designed to be more accessible than the ordinary courts. That said, employers often instruct solicitors or barristers, and complex cases involving discrimination or whistleblowing benefit from professional representation. Trade unions, law centres, and some insurance policies can also provide support with representation.
Q What can a tribunal award if I win?
Remedies depend on the type of claim. For unfair dismissal, awards typically include a basic award and a compensatory award, with statutory caps. Discrimination claims have no upper cap and can include injury to feelings. Other remedies include orders for reinstatement, re-engagement, or declarations. The tribunal will only award what you have claimed and evidenced, so the schedule of loss matters.
Tribunal claims have tight deadlines, a mandatory ACAS step, and procedural rules that catch people out. An experienced legal adviser can help you think through the timeline and options based on what you describe on the call.
✓Plain-English answers to your specific questions about the tribunal process
✓Practical perspective on deadlines and the ACAS Early Conciliation step based on what you describe
✓A clearer sense of what to watch out for in your situation
✓Help thinking through your next steps before you commit to a claim
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.