UK Employment Rights: Redundancy, Leave, Contracts and Workplace Protections

Employment Tribunal Guide UK — Process, Costs & What to Expect

How to take a case to an employment tribunal in the UK — making a claim, ACAS early conciliation, the hearing process, costs, compensation, and time limits.

Salary and income data is based on ONS and other official UK statistical sources. Figures are averages and may not reflect your individual circumstances.

If you’ve been treated unfairly at work, an employment tribunal is where you can seek justice. Here’s how the process works.

For the wider cluster covering redundancy, statutory pay, leave rights, contract protections, and dispute routes, use the main Employment Rights hub.

What Is an Employment Tribunal?

DetailInformation
What it doesHears disputes between employees/workers and employers
WhereHeld in tribunal centres across the UK (sometimes by video)
Cost to claimantFree (no tribunal fees since July 2017)
Who hears the caseAn Employment Judge (sometimes with two lay members)
Legal representationOptional — you can represent yourself
Time limit to claimUsually 3 months minus 1 day from the act complained of

Types of Claims

Claim typeTime limitCompensation cap
Unfair dismissal3 months – 1 dayBasic award + compensatory award (max ~£115,115)
Constructive dismissal3 months – 1 daySame as unfair dismissal
Wrongful dismissal3 months – 1 day (or 6 years in county court)Notice pay owed
Discrimination (sex, race, disability, age, etc.)3 months – 1 dayUncapped
Unlawful deduction of wages3 months – 1 day (or series of deductions)Amount owed + interest
Whistleblowing dismissal3 months – 1 dayUncapped
Redundancy pay6 monthsStatutory amount owed
Equal pay6 months after leaving employmentBack pay (up to 6 years)
Failure to inform and consult (TUPE/redundancy)3 months – 1 dayUp to 90 days’ pay
Breach of flexible working regulations3 months – 1 dayUp to 8 weeks’ pay

The Process — Step by Step

Step 1: ACAS Early Conciliation (Mandatory)

DetailInformation
What it isFree service to try to resolve the dispute before tribunal
How to startContact ACAS online or by phone: 0300 123 1100
DurationUp to 6 weeks (1 month initial + 2-week extension)
Is it compulsory?Yes — you cannot submit a tribunal claim without an ACAS early conciliation certificate
What happensACAS contacts both parties and tries to negotiate a settlement
If it worksCase settled, no tribunal needed
If it doesn’tACAS issues a certificate and you can proceed to tribunal
Effect on time limitThe clock pauses during conciliation (at least 1 month added)

Step 2: Submit Your Claim (ET1 Form)

DetailInformation
FormET1 — available online at gov.uk
How to submitOnline or by post
CostFree
What to includeYour details, employer’s details, what happened, what you’re claiming, ACAS certificate number
Deadline3 months minus 1 day from the act (adjusted for ACAS conciliation)

Step 3: Employer’s Response (ET3 Form)

DetailInformation
Who respondsYour employer
Deadline28 days from receiving your claim
What if they don’t respondA default judgment may be issued in your favour

Step 4: Case Management

StageWhat happens
Preliminary hearingJudge reviews the case, sets directions, may determine preliminary issues (e.g. whether the claim is in time)
DisclosureBoth sides share relevant documents
Witness statementsWritten statements prepared and exchanged
Bundle preparationAn agreed bundle of documents for the hearing

Step 5: The Hearing

DetailInformation
DurationSimple cases: 1 day. Discrimination/complex cases: 3–10+ days
What happensBoth sides present evidence, call witnesses, cross-examine, and make closing arguments
Who attendsYou (and your representative), employer’s representative, witnesses, the judge (and potentially lay members)
FormatFormal but less intimidating than a court. Video hearings are common

Step 6: The Decision (Judgment)

DetailInformation
WhenSometimes given on the day, sometimes reserved (sent later in writing, usually within weeks)
Written reasonsAvailable on request (or automatically for discrimination claims)
Remedy hearingIf you win, a separate hearing may determine compensation
AppealEither side can appeal to the Employment Appeal Tribunal (on a point of law only) within 42 days

Typical Timeline

StageTimeframe
ACAS early conciliation1–6 weeks
Submit ET1Same day as receiving ACAS certificate (don’t delay)
Employer response (ET3)28 days
Preliminary hearing2–4 months after claim
Document disclosure1–3 months
Full hearing6–12 months after claim (longer for complex cases)
Total from incident to resolution9–18 months typically

Compensation

Unfair Dismissal

ComponentHow it’s calculated
Basic awardSame formula as statutory redundancy: age factor × years of service × weekly pay (capped at £700/week, max 20 years)
Compensatory awardActual financial loss — lost earnings, loss of pension, loss of statutory rights. Capped at £115,115 or 52 weeks’ gross pay (whichever is lower)
Maximum basic award~£21,000
ReductionsTribunal can reduce for contributory fault (e.g. you were partly to blame)

Discrimination

ComponentAmount range
Financial lossActual losses — no cap
Injury to feelings — lower band (Vento)£1,100–£11,200
Injury to feelings — middle band£11,200–£33,700
Injury to feelings — upper band£33,700–£56,200
Exceptional casesAbove £56,200
InterestAdded to the award

Other Claims

ClaimTypical award
Unlawful deduction of wagesAmount owed + interest
Redundancy payStatutory amount (if not already paid)
Breach of contractAmount owed (max £25,000 in tribunal)
Failure to provide written particulars2–4 weeks’ pay

Representing Yourself

AdvantageConsideration
Free — no legal costsYou need to learn tribunal procedure
You know your case bestCross-examining witnesses is challenging
Judges expect self-representation and will helpPreparation takes significant time
Many simple claims succeed without lawyersComplex discrimination cases may benefit from legal help

Free/Low-Cost Help

SourceDetail
Citizens AdviceFree advice on your case and rights
ACASFree guidance on the tribunal process
Law centresFree legal representation for some cases
Trade unionIf you’re a member, they may provide a solicitor
Free Representation UnitVolunteer lawyers for tribunal hearings
Bar Pro Bono UnitFree barrister for eligible cases

Sources

  1. ONS — Annual Survey of Hours and Earnings