Employment Tribunal Claim UK: What Happens Next
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Lodging an employment tribunal claim is often the point at which a workplace dispute stops being a private matter and becomes a formal legal process. Once your ET1 claim form is accepted, a sequence of steps kicks in that involves the tribunal office, the other side (known as the respondent), and usually Acas.
Knowing what to expect in the weeks after submission helps you stay organised, meet deadlines, and avoid being caught off guard by requests for documents or witness evidence. This guide walks through what typically happens between submitting your claim and the hearing itself, including the respondent's reply window, conciliation attempts, and the preparation work you may need to do. It is written for England, Wales and Scotland, where employment tribunals operate under broadly similar procedural rules.
Overview
An employment tribunal is an independent judicial body that decides disputes between workers and employers, covering matters such as unfair dismissal, discrimination, unlawful deductions from wages, redundancy pay, and whistleblowing. A claim begins when you submit an ET1 form, either online or by post, after completing Acas Early Conciliation.
Once the tribunal office accepts the claim, it becomes a live case managed by a tribunal judge and caseworkers. From that point, both sides are expected to follow the tribunal's procedural rules, respond to directions, and exchange information so the case is ready to be heard.
The process is designed to be more accessible than the civil courts, and many claimants represent themselves, although legal representation is permitted. Cases can settle at any stage, either through Acas or directly between the parties, and in practice a significant proportion never reach a full hearing. Understanding what happens after you press submit is the first step to managing your claim well.
Key steps
- Your claim is logged and given a case number. Once the tribunal accepts your ET1, it assigns your case a unique reference. You will need to quote this number on every phone call, email or letter you send to the tribunal office. Keep it somewhere safe, along with copies of everything you submit, because you will refer back to the file repeatedly as things progress.
- The respondent is served and given 28 days to reply. The tribunal sends a copy of your claim form to the employer (the respondent), along with an ET3 response form. The respondent normally has 28 calendar days from the date the claim is sent to file their response, setting out whether they accept or deny your claim and on what grounds. Extensions can be granted but are not automatic.
- Acas conciliation continues in the background. The tribunal typically notifies Acas, who may contact both sides to explore settlement. This can happen even if you already went through Early Conciliation before filing. Settling through Acas avoids a hearing and results in a binding agreement, so it is worth engaging with the conciliator even if you feel firm about your position.
- Case management orders set the timetable. The tribunal issues directions telling both parties what to do and by when. This usually covers disclosure of documents, exchange of witness statements, preparation of a bundle, and agreement of issues. If either side fails to comply, the tribunal can order them to, or in serious cases strike out part of the claim or response.
- You prepare for the hearing itself. In the run-up to the hearing, you finalise witness statements, agree the bundle of documents, and think about how you will present your case. If a witness will not attend voluntarily, you can apply for a witness order. If the respondent has not provided documents you need, you can ask the tribunal to order disclosure.
Common questions
Q How long does an employment tribunal claim usually take?
Timescales vary significantly depending on the tribunal region, the complexity of the claim, and current backlogs. Straightforward cases may be heard within several months, while more complex discrimination or whistleblowing claims can take a year or longer to reach a final hearing. The tribunal will usually tell you the expected timeline once case management orders are issued, but delays are common and patience is often required.
Q What happens if the respondent doesn't file a response?
If the respondent fails to submit an ET3 within 28 days and has not been granted an extension, they lose the right to take part in the proceedings. The tribunal may then issue a default judgment in your favour, or list the case for a hearing without the respondent's participation. You should not assume this automatically means you win, as the tribunal will still want to see that your claim is made out on the evidence.
Q Do I have to go through Acas again after filing my claim?
You must complete Early Conciliation with Acas before submitting your ET1, and you will have received a certificate number to include on the form. After filing, Acas may continue to offer conciliation, but engagement is voluntary at that stage. Many cases settle through Acas at this later point, so it is usually worth keeping the door open even if earlier talks did not resolve things.
Q Can I withdraw my tribunal claim once it has been submitted?
Yes, you can withdraw a claim at any stage, either in full or in part. You would usually do this in writing to the tribunal. Be careful though: withdrawing generally brings the claim to an end and you may not be able to bring the same claim again. If you are settling with the employer, the terms of the settlement (often through a COT3 via Acas) will usually require withdrawal.
Q Will I have to pay the respondent's legal costs if I lose?
Costs orders in the employment tribunal are relatively unusual compared to the civil courts. They are generally only made where a party has acted unreasonably, brought a claim with no reasonable prospects, or behaved vexatiously. Most claimants who lose do not end up paying the other side's costs, but it is a risk to be aware of, particularly if your claim is weak or you ignore tribunal directions.
Q What is a preliminary hearing and will I need to attend one?
A preliminary hearing is a shorter hearing used to deal with procedural matters, clarify the issues, or decide preliminary points such as whether you were an employee or whether a claim was filed in time. Many cases have at least one preliminary hearing, often conducted by phone or video. You should attend if required, as decisions made at these hearings can shape the rest of your case.
Q Can I represent myself at the tribunal?
Yes. Employment tribunals are designed to be accessible to people without legal representation, and judges are used to helping litigants in person navigate the process. You can also be represented by a solicitor, barrister, trade union rep, or a friend or family member. Whether to get professional representation often depends on the complexity of the claim and what is at stake.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovEmployment tribunals – gov.ukgov.uk
- Guidance · UK GovMake a claim to an employment tribunal (ET1)gov.uk
- Official SourceAcas (Advisory, Conciliation and Arbitration Service)acas.org.uk
- Guidance · UK GovEmployment Tribunal Rules of Proceduregov.uk
Legal disclaimer
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.