Employment Tribunal Overview and Function

Employment Tribunals in England and Wales provide a specialist judicial forum for resolving disputes between workers and employers. They deal primarily with statutory employment rights, including unfair dismissal, discrimination, wages disputes, and whistleblowing claims. The tribunal system operates independently of government and forms part of the wider UK justice framework.

Its purpose is to deliver accessible, relatively informal, and specialist adjudication of workplace disputes that cannot be resolved internally or through early conciliation.

What an Employment Tribunal Is

An Employment Tribunal is a statutory judicial body established under the Employment Tribunals Act 1996. It resolves disputes arising from employment relationships and related statutory rights.

Typical claims include:

• Unfair dismissal
• Constructive dismissal
• Discrimination (protected characteristics under the Equality Act 2010)
• Unlawful deductions from wages
• Breach of contract (limited to termination-related issues)
• Whistleblowing detriment or dismissal
• Redundancy pay disputes

The tribunal is independent and makes legally binding decisions after hearing evidence from both parties.

Purpose and Role of Employment Tribunals

The primary function of Employment Tribunals is to:

• Determine legal disputes arising from employment law
• Provide remedies where rights have been breached
• Ensure consistent interpretation of employment legislation
• Offer a structured alternative to civil courts for workplace disputes

Tribunals aim to balance legal formality with accessibility. Proceedings are less rigid than traditional court processes, allowing individuals to represent themselves if necessary.

Structure of the Employment Tribunal System

Employment Tribunals in Great Britain are divided into:

• Employment Tribunal (England and Wales)
• Employment Tribunal (Scotland)

Each jurisdiction operates under shared procedural rules but has separate judicial administration.

Cases are typically heard by:

• An Employment Judge (legally qualified), and in some cases
• Lay members with relevant employment experience

More straightforward cases may be decided by a judge alone.

Types of Cases Heard

Employment Tribunals handle a wide range of statutory claims, including:

Unfair and Wrongful Dismissal

Disputes over whether an employer had a fair reason and followed a fair process when ending employment.

Discrimination Claims

Claims involving unlawful treatment based on protected characteristics such as age, disability, sex, race, religion, or sexual orientation.

Pay and Wage Disputes

Including:

• Unpaid wages
• Holiday pay
• Minimum wage disputes
• Unlawful deductions

Whistleblowing Claims

Claims involving detriment or dismissal after raising protected disclosures.

Other Statutory Claims

Including redundancy payments and certain breach of contract claims limited to termination situations.

How Employment Tribunal Proceedings Work

Although each case varies, the process generally follows a structured sequence.

1. Early Conciliation (ACAS)

Before lodging a claim, most individuals must notify ACAS (Advisory, Conciliation and Arbitration Service). ACAS attempts to resolve the dispute through conciliation.

If settlement is not reached, ACAS issues a certificate allowing the claim to proceed.

2. Submission of the Claim (ET1)

The claimant submits a formal claim using the ET1 form, setting out:

• Details of the parties
• Facts of the case
• Legal basis of the claim
• Remedy sought

Strict time limits usually apply, commonly three months less one day from the relevant incident, subject to ACAS “stop the clock” rules.

3. Employer Response (ET3)

The respondent (usually the employer) submits an ET3 form, responding to the allegations. Failure to respond may result in judgment being entered against them.

4. Case Management

The tribunal actively manages the case, including:

• Identifying legal issues
• Setting timetables
• Ordering disclosure of documents
• Directing witness statements

This stage is designed to ensure the case is properly prepared for hearing.

5. Hearing

At the final hearing:

• Both sides present evidence
• Witnesses may be cross-examined
• Legal arguments are made
• The judge evaluates facts and law

Hearings are usually held in public, and decisions are legally binding.

6. Judgment and Remedies

If the claim succeeds, remedies may include:

• Compensation (most common outcome)
• Reinstatement or re-engagement (rare)
• Declarations of rights
• Payment of arrears or benefits

Time Limits for Bringing Claims

Time limits are strictly enforced.

Common rules include:

• Most claims: 3 months less one day from dismissal or incident
• ACAS early conciliation pauses limitation periods
• Some claims have different statutory deadlines depending on the claim type

Missing time limits can result in the claim being rejected unless exceptional circumstances apply.

Remedies Available

Employment Tribunals can award:

Compensation

Financial awards for loss of earnings and injury to feelings (in discrimination cases).

Reinstatement or Re-engagement

Ordering the employer to restore employment, though this is uncommon.

Declarations

Formal findings that legal rights have been breached.

Costs and Fees

There are no standard fees for bringing or defending an Employment Tribunal claim in England and Wales. Each party generally bears its own legal costs, although costs orders may be made in limited circumstances, such as unreasonable conduct.

Advantages and Limitations of Employment Tribunals

Advantages

• Specialist employment law jurisdiction
• No general filing fees
• Informal procedure compared with courts
• Accessible for self-represented individuals

Limitations

• Strict procedural rules and deadlines
• Limited scope for legal aid
• Potentially lengthy case timelines
• Complex evidential requirements in some cases

Practical Considerations

Before bringing or defending a claim, parties commonly consider:

• Whether ACAS settlement is possible
• Strength of documentary evidence
• Witness availability and credibility
• Time limits and procedural compliance
• Potential financial exposure

Early legal advice is often sought, particularly in discrimination or high-value claims.

Key Takeaways

Employment Tribunals are specialist courts dealing with workplace disputes in England and Wales. They resolve claims such as unfair dismissal, discrimination, and unpaid wages through a structured but accessible legal process. Cases begin with ACAS conciliation, proceed through formal claims and responses (ET1 and ET3), and culminate in a hearing where a binding judgment is made. Strict time limits apply, and outcomes commonly involve financial compensation.