Employment Tribunal: Step by Step Guide

The employment tribunal is an independent judicial body that resolves disputes between employees and employers. It handles claims including unfair dismissal, discrimination, equal pay, whistleblowing detriment, unlawful deductions from wages, and redundancy payments. The tribunal aims to be accessible to unrepresented parties and operates under the Employment Tribunals Rules of Procedure 2013.

The process typically follows these stages: ACAS early conciliation, filing the ET1 claim, the employer's ET3 response, preliminary hearings for case management, disclosure and exchange of witness statements, and the final hearing. Most cases take 6–12 months from filing to final hearing, though complex cases (particularly discrimination) can take longer.

Tribunals sit with an Employment Judge alone for most unfair dismissal and wages claims, or with an Employment Judge and two lay members (one employer-side, one employee-side) for discrimination and some other claims. The proceedings are less formal than civil courts but follow established rules and procedures. Hearings are usually held in public.

Before filing any employment tribunal claim, you must contact ACAS for early conciliation (with very limited exceptions). This mandatory step was introduced to encourage settlement and reduce the burden on tribunals. You can notify ACAS online or by telephone.

An ACAS conciliator will contact both you and your employer to explore whether the dispute can be resolved without proceedings. If settlement is reached, it is recorded on a COT3 form, which is legally binding. If conciliation fails, ACAS issues an early conciliation certificate — you need the reference number on this certificate to file your ET1.

The conciliation period lasts up to one month (extendable by up to 14 days). During this time, the clock on your tribunal time limit is paused. Take this stage seriously — around a third of disputes settle at this stage, saving both sides the cost and stress of a hearing.

The ET1 is the form used to start employment tribunal proceedings. You can file online at www.gov.uk/employment-tribunals. The form requires your personal details, your employer's name and address, details of your employment (start date, end date, job title, pay), and the details of your claim.

The "details of claim" section is the most important part. Set out the facts in chronological order, clearly identify the type of claim (e.g. unfair dismissal, discrimination, unlawful deductions), and state what remedy you are seeking. You do not need to cite legislation or case law, but be specific about what happened, when, and why it was unlawful.

Time limits are strict. For most claims, you must file within 3 months minus 1 day from the act or event complained of (adjusted for the ACAS conciliation period). Late claims are only accepted in exceptional circumstances. If you have multiple claims (e.g. unfair dismissal and discrimination), include them all on the same ET1 to avoid confusion and additional fees.

Once the tribunal accepts your ET1, it sends a copy to your employer (the respondent) along with an ET3 response form. The employer has 28 days to file their response setting out their defence, including whether they accept or deny the facts you have alleged and the legal basis for their defence.

If the employer fails to file an ET3 within 28 days, the tribunal can issue a default judgment in your favour without a hearing. In practice, employers who miss the deadline often apply for an extension, which the tribunal will grant if it is in the interests of justice.

You will receive a copy of the ET3 response. Read it carefully — it tells you what the employer accepts and denies, and what their case theory is. This will help you prepare your evidence and identify the issues in dispute. If the response raises new factual allegations, start gathering evidence to address them.

After the ET1 and ET3 have been filed, the tribunal will manage the case towards a final hearing. This may involve a preliminary hearing (in person or by telephone) at which an Employment Judge identifies the legal and factual issues, sets a timetable for preparation, and gives case management orders (directions).

Typical case management orders include: a date for disclosure of documents (both parties must disclose all relevant documents, whether helpful or harmful to their case), a date for exchange of witness statements, and the listing of the final hearing with a time estimate. The tribunal may also decide preliminary issues — for example, whether the claim was filed in time, or whether the claimant is an employee.

Comply with all tribunal orders strictly and on time. Failure to comply can result in your claim being struck out (if you are the claimant) or your response being struck out (if you are the respondent). If you need more time, apply to the tribunal before the deadline expires, explaining why an extension is needed.

Disclosure is the process of both parties providing copies of all documents relevant to the issues in the case. Unlike civil court proceedings, employment tribunal disclosure is typically limited to documents that each party intends to rely on and documents that are relevant to the issues.

You must disclose documents even if they are unhelpful to your case. Failure to disclose relevant documents can seriously undermine your credibility at the hearing and may result in an adverse inference (the tribunal assuming the undisclosed document would have been harmful to your case).

The disclosed documents are compiled into a trial bundle — an organised, paginated file containing all documents both parties wish to refer to at the hearing. Typically the respondent prepares the bundle, but you should check it carefully to ensure your documents are included. The bundle should be agreed and copied in advance of the hearing, with a copy for the tribunal, each party, and each witness.

Witness statements are written accounts of each witness's evidence, prepared in advance and exchanged between the parties before the hearing. At the final hearing, the witness statement stands as the witness's evidence-in-chief — the witness confirms it is true and is then cross-examined by the other side.

Your witness statement should cover all the relevant facts in chronological order, refer to page numbers in the trial bundle where documents support your account, and be written in the first person. It should be detailed but focused on relevant matters. Avoid argument, opinion, or legal submissions — stick to facts.

Witness statements from colleagues or other individuals who can corroborate your account can be very valuable. Each witness should prepare their own statement covering what they personally saw, heard, or did. If a witness is unwilling to attend voluntarily, you can apply to the tribunal for a witness order compelling their attendance, though this is not always advisable for reluctant witnesses.

The final hearing is where both parties present their evidence and arguments to the tribunal. Hearings are held in public (unless the tribunal orders otherwise for specific reasons). You should arrive early, dress smartly, and bring copies of the trial bundle and your witness statement.

The hearing typically follows this format: opening submissions (optional — sometimes the tribunal reads the papers in advance), the claimant's evidence (witness statement confirmed, then cross-examination by the respondent), the respondent's evidence (likewise), and closing submissions by both parties. The tribunal may ask questions of witnesses at any stage.

Cross-examination is the most important part of the hearing. This is where you challenge the other side's evidence and put your case to their witnesses. Prepare your questions in advance. Focus on the key disputes and the documents in the bundle. Be calm, polite, and focused — avoid arguing with witnesses or making speeches. The tribunal will assess credibility based on how witnesses perform under cross-examination.

After hearing all the evidence and submissions, the tribunal will either deliver its judgment orally at the hearing or reserve it for a written decision sent to the parties later. Reserved judgments are common in complex cases and can take several weeks.

If you win, the tribunal will determine the remedy. The primary remedies are compensation (the most common), reinstatement (returning to the same job), or re-engagement (returning to a comparable job). In practice, reinstatement and re-engagement are rarely ordered because the employment relationship has usually broken down irreparably.

The compensation hearing may be dealt with on the same day as liability or at a separate remedies hearing. You will need to provide a detailed schedule of loss setting out all your financial losses, supported by evidence (payslips, job applications, benefit statements). The tribunal will also consider whether any deductions should be made — for example, Polkey reductions, contributory fault, failure to mitigate, or failure to follow the ACAS Code.

Either party can appeal against the tribunal's judgment to the Employment Appeal Tribunal (EAT), but only on a point of law — not because you disagree with the tribunal's findings of fact. Common grounds of appeal include errors of law, perversity (a decision no reasonable tribunal could have reached), procedural irregularity, or failure to give adequate reasons.

The time limit for appealing is 42 days from the date the written judgment was sent to the parties. You must file a notice of appeal with the EAT, attaching the judgment, the reasons, and the ET1 and ET3. The EAT will consider whether the appeal has a reasonable prospect of success before allowing it to proceed to a full hearing.

Appeals are specialist proceedings and legal advice is strongly recommended. If the EAT allows the appeal, it will usually remit the case back to the employment tribunal for a fresh hearing rather than substituting its own decision. Further appeals from the EAT lie to the Court of Appeal and ultimately the Supreme Court, but require permission and are rare.