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.
·5 min read
If you’ve been treated unfairly at work, an employment tribunal is where you can seek justice. Here’s how the process works.
What Is an Employment Tribunal?
Detail
Information
What it does
Hears disputes between employees/workers and employers
Where
Held in tribunal centres across the UK (sometimes by video)
Cost to claimant
Free (no tribunal fees since July 2017)
Who hears the case
An Employment Judge (sometimes with two lay members)
Legal representation
Optional — you can represent yourself
Time limit to claim
Usually 3 months minus 1 day from the act complained of
Types of Claims
Claim type
Time limit
Compensation cap
Unfair dismissal
3 months – 1 day
Basic award + compensatory award (max ~£115,115)
Constructive dismissal
3 months – 1 day
Same as unfair dismissal
Wrongful dismissal
3 months – 1 day (or 6 years in county court)
Notice pay owed
Discrimination (sex, race, disability, age, etc.)
3 months – 1 day
Uncapped
Unlawful deduction of wages
3 months – 1 day (or series of deductions)
Amount owed + interest
Whistleblowing dismissal
3 months – 1 day
Uncapped
Redundancy pay
6 months
Statutory amount owed
Equal pay
6 months after leaving employment
Back pay (up to 6 years)
Failure to inform and consult (TUPE/redundancy)
3 months – 1 day
Up to 90 days’ pay
Breach of flexible working regulations
3 months – 1 day
Up to 8 weeks’ pay
The Process — Step by Step
Step 1: ACAS Early Conciliation (Mandatory)
Detail
Information
What it is
Free service to try to resolve the dispute before tribunal
How to start
Contact ACAS online or by phone: 0300 123 1100
Duration
Up 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 happens
ACAS contacts both parties and tries to negotiate a settlement
If it works
Case settled, no tribunal needed
If it doesn’t
ACAS issues a certificate and you can proceed to tribunal
Effect on time limit
The clock pauses during conciliation (at least 1 month added)
Step 2: Submit Your Claim (ET1 Form)
Detail
Information
Form
ET1 — available online at gov.uk
How to submit
Online or by post
Cost
Free
What to include
Your details, employer’s details, what happened, what you’re claiming, ACAS certificate number
Deadline
3 months minus 1 day from the act (adjusted for ACAS conciliation)
Step 3: Employer’s Response (ET3 Form)
Detail
Information
Who responds
Your employer
Deadline
28 days from receiving your claim
What if they don’t respond
A default judgment may be issued in your favour
Step 4: Case Management
Stage
What happens
Preliminary hearing
Judge reviews the case, sets directions, may determine preliminary issues (e.g. whether the claim is in time)
Disclosure
Both sides share relevant documents
Witness statements
Written statements prepared and exchanged
Bundle preparation
An agreed bundle of documents for the hearing
Step 5: The Hearing
Detail
Information
Duration
Simple cases: 1 day. Discrimination/complex cases: 3–10+ days
What happens
Both sides present evidence, call witnesses, cross-examine, and make closing arguments
Who attends
You (and your representative), employer’s representative, witnesses, the judge (and potentially lay members)
Format
Formal but less intimidating than a court. Video hearings are common
Step 6: The Decision (Judgment)
Detail
Information
When
Sometimes given on the day, sometimes reserved (sent later in writing, usually within weeks)
Written reasons
Available on request (or automatically for discrimination claims)
Remedy hearing
If you win, a separate hearing may determine compensation
Appeal
Either side can appeal to the Employment Appeal Tribunal (on a point of law only) within 42 days
Typical Timeline
Stage
Timeframe
ACAS early conciliation
1–6 weeks
Submit ET1
Same day as receiving ACAS certificate (don’t delay)
Employer response (ET3)
28 days
Preliminary hearing
2–4 months after claim
Document disclosure
1–3 months
Full hearing
6–12 months after claim (longer for complex cases)
Total from incident to resolution
9–18 months typically
Compensation
Unfair Dismissal
Component
How it’s calculated
Basic award
Same formula as statutory redundancy: age factor × years of service × weekly pay (capped at £700/week, max 20 years)
Compensatory award
Actual 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
Reductions
Tribunal can reduce for contributory fault (e.g. you were partly to blame)
Discrimination
Component
Amount range
Financial loss
Actual 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 cases
Above £56,200
Interest
Added to the award
Other Claims
Claim
Typical award
Unlawful deduction of wages
Amount owed + interest
Redundancy pay
Statutory amount (if not already paid)
Breach of contract
Amount owed (max £25,000 in tribunal)
Failure to provide written particulars
2–4 weeks’ pay
Representing Yourself
Advantage
Consideration
Free — no legal costs
You need to learn tribunal procedure
You know your case best
Cross-examining witnesses is challenging
Judges expect self-representation and will help
Preparation takes significant time
Many simple claims succeed without lawyers
Complex discrimination cases may benefit from legal help