Employment Tribunal Process

At Thrive Law, we support both employees and employers throughout the Employment Tribunal process. Whether you are bringing a claim or defending one, our experienced solicitors can guide you at every stage. Our team has successfully represented clients in the Employment Tribunal, Employment Appeal Tribunal, and the Court of Appeal, and we are well accustomed to seeing claims through to their conclusion.

While our preference is always to prevent disputes from escalating, sometimes Tribunal action is unavoidable. Understanding the process early can make a significant difference in achieving a positive outcome.

ACAS Early Conciliation

Almost all Employment Tribunal claims begin with ACAS Early Conciliation, which is a mandatory first step aimed at resolving disputes without proceeding to a formal hearing. An ACAS officer will help facilitate discussions between the parties to see if a settlement can be reached.

If conciliation is unsuccessful, ACAS will issue an Early Conciliation Certificate, which allows the claimant to formally submit a claim to the Employment Tribunal.

Key points to note:

Notify ACAS of the correct respondent, including the legal name, address, and contact details.
The process must typically start within three months of the dismissal or discriminatory act.
Time spent in Early Conciliation effectively pauses the Tribunal time limit, giving you additional days to submit a claim once conciliation ends.

If you are unsure about deadlines or requirements, our team can guide you to ensure your claim is submitted correctly and on time.

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Issuing a Claim

To formally begin a claim, an employee (the “Claimant”) completes an ET1 form, which outlines the basis of their complaint. The employer (the “Respondent”) will then be served with the claim.

It is essential that the ET1 contains all relevant information and evidence, as this forms the foundation of the Tribunal’s consideration.

Responding to a Claim

Once the claim is accepted, the Respondent has 28 days to submit an ET3 response, stating whether they contest the claim in full or in part. The response can also include a counterclaim in certain circumstances.

In practice, responses often reserve comment on some matters pending further information. It is crucial that both parties communicate clearly and provide accurate, complete documentation at this stage.

Preparatory steps for a hearing

Before a hearing, the Tribunal will issue Case Management Orders, which set a timetable for preparing the case. This may include a preliminary hearing to address procedural or preliminary issues such as employment status, disability, or the admissibility of evidence.

Typical preparatory steps include:

Schedule of loss: Prepared by the claimant, detailing any financial compensation claimed.
Disclosure of documents: Both parties exchange relevant documents, whether they support or undermine their case.
List of issues: A clear outline of the legal points in dispute.
Expert reports: If specialist evidence is needed.
Witness statements: Concise, relevant statements from decision-makers, witnesses, or other key parties. These are often the main evidence in the case and may be cross-examined at the hearing.

The Tribunal will also set the hearing dates, which depend on the complexity of the case and the number of witnesses.

The Hearing

Employment Tribunal hearings are less formal than other courts, with no wigs or gowns. The Tribunal aims to resolve disputes fairly, efficiently, and proportionately, keeping both parties on equal footing.

Panels typically include:

Employment Judge (qualified lawyer)
Employee/union representative
Business/employer representative

This mix ensures that decisions are balanced and informed by both legal and practical workplace considerations.

Tribunal Decision and Appeals

After the hearing, the Tribunal may reserve its decision, providing a written ruling several weeks or months later.

The unsuccessful party has 14 days to request reconsideration and 42 days to appeal.
Appeals are only allowed on points of law, not simply because a party disagrees with the outcome. Appeals are made to the Employment Appeal Tribunal (EAT).

For further context, the government has published guidance on Tribunal powers: Employment Tribunal’s powers: their use and application.

How Thrive Law Can Help

Whether you are an employee considering a claim or an employer defending one, Thrive Law provides:

Step-by-step guidance throughout the Tribunal process
Preparation and review of all forms, documents, and evidence
Representation at hearings, preliminary matters, and appeals
Preventative advice to reduce the risk of disputes escalating

If you are facing an Employment Tribunal matter, get in touch with our team to discuss how we can support you in achieving the best possible outcome.

FAQs

The Employment Tribunal is the specialist court that deals with employment disputes. The process begins before any claim is issued: employees must first go through ACAS Early Conciliation, which gives the parties an opportunity to settle before formal proceedings start. If that doesn’t resolve matters, the employee can submit an ET1 claim form.

Once a claim is issued, the employer has 28 days to submit a response (the ET3). From there, the Tribunal issues case management orders setting out the steps to prepare the case for hearing: disclosure of documents, exchange of witness statements, and in many cases a preliminary hearing to resolve preliminary issues (such as whether there’s jurisdiction to hear the claim, or whether the claimant has the necessary qualifying period of service). Most cases also settle before final hearing, often through negotiation or the Tribunal’s own processes. Our Tribunal page covers the process in more detail.

Yes. With very limited exceptions, a prospective claimant must notify ACAS before submitting an ET1. ACAS will contact both parties to explore whether the matter can be resolved without formal proceedings. If it can’t, ACAS issues an Early Conciliation certificate, which is required before the claim can proceed.

The Early Conciliation period has a practical effect on time limits: the clock stops running from the moment the claimant contacts ACAS and starts again from the date the certificate is issued. This extension can be significant where the three-month time limit is approaching.

Don’t wait until the last minute to engage with the process, and take legal advice as early as possible so your position is protected.

For most types of claim, including unfair dismissal, constructive dismissal and discrimination, the time limit is three months less one day from the act complained of (or from the effective date of termination). For equal pay claims, the time limit is six months from the end of the employment, or six months from the last act of discriminatory pay where the claim is brought during employment.

From October 2026, the time limit for most claims (including unfair dismissal, constructive dismissal and discrimination) is expected to increase to six months less one day.

These limits are strict, and extensions are granted only in limited circumstances. The ACAS Early Conciliation period adds time to the clock, but only from the point of the initial ACAS notification. If you’re approaching the time limit, take advice immediately. Missing the deadline will almost certainly end the claim before it begins.

It is important that all parties take the Tribunal and it’s role seriously. The hearing is less formal than a civil court but still a legal process. Most Employment Tribunal hearings are heard by a panel of three: an Employment Judge (a qualified lawyer who chairs the proceedings), and two lay members, one with an employer background and one with an employee or trade union background. Final hearings are generally public, which means the decision is published and searchable online.

Each party presents their case through witness evidence and legal argument. Witnesses are examined-in-chief, then cross-examined by the other side. The Tribunal considers the documents in the agreed bundle, the witness statements, and the submissions made. In longer cases, the Tribunal often reserves its decision rather than giving it on the day. Appeals can only be made on points of law and go to the Employment Appeal Tribunal. Our team represents both claimants and respondents in Tribunal proceedings.