Employment Tribunal Claims UK: How to Start or Defend

Overview

An Employment Tribunal is a specialist judicial body that decides disputes arising out of the workplace relationship. Unlike the ordinary civil courts, it deals only with employment matters, and the procedure is designed to be more accessible than a court claim (though in practice it is still formal and rule-bound).

Common claims include unfair dismissal, wrongful dismissal, discrimination (on grounds such as sex, race, age, disability, religion or sexual orientation), equal pay, unpaid wages, unlawful deductions from wages, holiday pay, redundancy payments, and whistleblowing detriment. A tribunal is normally made up of an Employment Judge sitting alone for straightforward claims, or a Judge with two lay members (one with an employer background, one with an employee background) for discrimination and more complex cases.

If a claim succeeds, the tribunal can order compensation, make declarations about rights, and in some cases order reinstatement or re-engagement. Costs awards are less common than in the civil courts, which is one reason the tribunal system is said to encourage access to justice.

Key steps

1. Check the time limit that applies to your claim. Most employment claims must be started within three months less one day of the act complained of (for example, the effective date of termination for unfair dismissal). Some claims have different windows. Miss the deadline and the tribunal may refuse to hear the case, so this is the first thing to pin down.
2. Notify Acas for Early Conciliation. Before a claim can be issued, the prospective claimant must contact Acas and obtain an Early Conciliation certificate. Acas will offer to help the parties try to settle without litigation. Even if no settlement is reached, the certificate number is required to lodge a claim, and the conciliation period can pause the limitation clock.
3. Exhaust internal procedures where reasonable. Employees are usually expected to raise a grievance and, in dismissal cases, to appeal before going to the tribunal. The Acas Code of Practice on Disciplinary and Grievance Procedures is relevant here: tribunals can adjust compensation up or down by up to 25% where either side has unreasonably failed to follow it.
4. Submit the claim form (ET1) or response form (ET3). A claimant lodges an ET1 setting out who they are suing and why. The employer (respondent) then has 28 days from the date the ET1 is sent to them to file an ET3 response. Missing the ET3 deadline can result in judgment being entered without a hearing, which is a serious setback for any respondent.
5. Prepare for case management and the hearing. The tribunal will issue directions covering disclosure of documents, witness statements, bundles, and a timetable leading to the final hearing. Both sides are expected to cooperate. Settlement remains possible at any stage, often through Acas or via a COT3 agreement, and many cases resolve before a judge ever hears evidence.

Common questions