Incomes

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.

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

Free/Low-Cost Help

Source Detail
Citizens Advice Free advice on your case and rights
ACAS Free guidance on the tribunal process
Law centres Free legal representation for some cases
Trade union If you’re a member, they may provide a solicitor
Free Representation Unit Volunteer lawyers for tribunal hearings
Bar Pro Bono Unit Free barrister for eligible cases