Employment Tribunal Claims UK: Types Explained

Overview

An employment tribunal is an independent body that hears disputes between workers and their employers. Unlike the civil courts, tribunals are designed to be more accessible, with simpler procedures and a focus on the specific statutory rights set out in employment law.

Most claims brought before a tribunal fall into one of a handful of categories, each with its own set of requirements that a claimant must satisfy. The three most common are unfair dismissal, where a worker argues their employer ended the relationship without a fair reason or proper process; discrimination, where treatment is alleged to have been based on a protected characteristic under the Equality Act 2010; and redundancy pay disputes, where a worker believes they are owed a statutory payment that has not been made.

Other claims, such as those relating to unpaid wages, breach of contract or whistleblowing, can also be brought, sometimes alongside the main complaint. Strict time limits apply, and most claimants must go through Acas early conciliation before a claim can be lodged.

Key steps

1. Identify the type of claim. Work out whether your situation fits unfair dismissal, discrimination, a redundancy payment dispute, unpaid wages, or something else. More than one can apply at the same time, and the category affects the evidence you will need and the remedies available to you if your claim succeeds.
2. Check the time limits. Most tribunal claims must be started within three months less one day of the event you are complaining about, such as the dismissal date or the discriminatory act. Missing the deadline usually means losing the right to claim, so this is the first practical thing to pin down.
3. Notify Acas for early conciliation. Before a claim can be filed, you almost always need to contact Acas and go through the early conciliation process. Acas will try to help both sides reach a settlement without a hearing. If it does not resolve matters, Acas issues a certificate that allows you to proceed to the tribunal.
4. Submit the ET1 claim form. The claim is started by completing form ET1, which sets out who you are, who you are claiming against, the type of claim, and the facts behind it. Take care with the details because what you include here frames the case the tribunal will hear. The employer then responds using form ET3.
5. Prepare for the hearing. Once the claim is accepted, there will usually be case management orders covering disclosure of documents, witness statements and the hearing itself. Gather everything you have, such as contracts, emails, payslips and notes of meetings, and think carefully about what each document proves about your version of events.

Common questions