This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to the employment tribunal process for workplace discrimination cases in England and Wales. Explains Early Conciliation with ACAS, submitting a claim, respondent responses, case management, hearings, remedies, and key time limits.
Workplace discrimination can have profound personal and professional effects. Under UK law, individuals who believe they have been unlawfully discriminated against at work can bring a claim to an employment tribunal. Cases may involve discrimination based on protected characteristics such as age, sex, race, disability, religion or belief, or sexual orientation. The employment tribunal process provides a structured legal pathway to seek justice and compensation, with clear procedural steps from the initial dispute to a final decision. This article explains the full process, including statutory requirements, key stages, time limits, and what parties can expect at each step.
Understanding Employment Discrimination Claims
Discrimination claims in the workplace fall under the Equality Act 2010, which protects individuals from unfavourable treatment related to protected characteristics. An employment tribunal is an independent judicial body that hears disputes between employees (or workers) and employers, including discrimination, unfair dismissal, pay disputes, and breaches of contract. In discrimination cases, claimants seek to demonstrate that their treatment contravened the statutory protections set out in the Equality Act.
1. Early Steps: Informal Resolution and Grievances
Before a formal tribunal claim, it is often advisable to try informal resolution, such as discussing the issue with your employer or raising a formal grievance under the employer's internal procedures. While internal procedures do not extend statutory time limits, they may help resolve matters early and create a record that supports a later legal claim.
2. Mandatory Early Conciliation with ACAS
Notification and Time Limits
Before issuing a tribunal claim, you must notify the Advisory, Conciliation and Arbitration Service (ACAS) that you intend to bring a claim. This triggers the early conciliation process. ACAS is independent of tribunals and helps facilitate settlement discussions between parties. Notification must be made within the statutory time limits for tribunal claims, typically three months minus one day from the discriminatory act.
Early Conciliation Process
ACAS will ask for basic information about your dispute and offer early conciliation. If both parties agree, a conciliator will explore whether a settlement can be reached without a tribunal hearing. Early conciliation can last up to 12 weeks and pauses (“stops”) the statutory time limit while it is ongoing, protecting your right to claim.
If conciliation leads to an agreement, it is recorded in a COT3 settlement agreement that is legally binding and prevents tribunal proceedings on the same issue. If conciliation does not result in settlement, ACAS issues an Early Conciliation Certificate with a reference number required for the next step.
After you receive this certificate, you typically have at least one month to submit your tribunal claim. The exact deadline depends on how much statutory time remained when early conciliation started.
3. Submitting a Tribunal Claim (ET1 Form)
Once early conciliation has ended without settlement, and you hold your ACAS certificate, you submit an ET1 claim form to the employment tribunal. The claim should set out the factual and legal basis for your discrimination complaint, details of the respondent (the employer), and the remedies you seek, such as compensation.
The tribunal service will confirm receipt, assign a case number, and send a copy of your claim to the respondent along with a response (ET3) form.
4. Respondent's Response
The respondent generally has 28 days from being sent the claim to submit their ET3 response. This document sets out their position, including any legal arguments and factual disagreements. If the respondent fails to respond in time, the tribunal may proceed without a defence, and a judgment may be made based on the claimant's case.
5. Case Management and Directions
Once both sides have submitted their initial documents, the tribunal issues directions to manage the case. Directions instruct parties to exchange evidence such as documents and witness statements, and set deadlines for various procedural steps. The aim of case management is to clarify the issues for hearing and ensure both sides are prepared. This stage can take several months as parties comply with directions and may make applications to the tribunal on procedural matters.
6. Conciliation During Tribunal Proceedings
Even after a tribunal claim is lodged, ACAS can continue to facilitate conciliation between the parties. This post‑claim conciliation can occur up until a final judgment and may result in settlement at any point. Unlike early conciliation, this process coexists with tribunal proceedings and does not affect the tribunal's authority to decide the case if talks fail.
7. The Tribunal Hearing
If the case does not settle, a formal hearing is scheduled. At the hearing:
- The claimant and respondent present their cases, including evidence and witnesses.
- A tribunal judge (or panel) listens to both sides and examines documents and testimony.
- Hearings can take place in person or, where appropriate, virtually or on paper based on case complexity and directions.
- Hearings are generally public, and outcomes are published.
Hearings can last from a single day to several days or weeks, depending on the complexity of the discrimination issues and the number of witnesses.
8. Judgment and Remedies
After the hearing, the tribunal will issue a judgment, often within a few weeks. In discrimination cases, remedies may include:
- Compensation for financial loss (e.g. lost earnings);
- Injury to feelings awards to recognise the emotional impact of unlawful discrimination;
- Recommendations that the employer take action to reduce risk of future discrimination;
- Declarations that rights were breached.
The amount and type of remedies consider factors such as the claimant's personal circumstances, loss of earnings, and established guidance on injury to feelings awards.
Potential Risks and Common Procedural Issues
Missing Time Limits
Tribunal claims are subject to strict deadlines. Discrimination claims generally must be submitted within three months minus one day of the discriminatory act. Failure to notify ACAS within this period can result in the claim being rejected unless a tribunal exercises exceptional discretion. Early conciliation “pauses” the clock while in progress, but initial notification must still be within the statutory limit.
Respondent Non‑Response
If a respondent fails to submit an ET3 within the 28‑day period, the tribunal may proceed without full defence input, potentially leading to judgments in favour of the claimant. However, tribunals often allow extensions or requests for more time where justified.
Common Questions from our Readers
Can I represent myself at a tribunal?
Yes. Claimants and respondents may represent themselves, be accompanied by a representative, or use solicitors or legal advisers. Representation depends on preference, complexity, and resources.
Can claims be resolved without a hearing?
Yes. Many claims settle at the ACAS conciliation stage or during the tribunal's case management process. Settlement avoids the uncertainty and cost of a full hearing.
What if my claim involves multiple incidents?
Where discrimination arises through a series of acts, tribunals consider the last date in that sequence as the starting point for time limits, though detailed legal analysis may be required.
Summary
The employment tribunal process for discrimination claims in England and Wales involves structured stages from early resolution and mandatory ACAS Early Conciliation to claim submission, respondent response, case management, and final hearing. Claimants must navigate statutory time limits, engage with conciliation, and prepare detailed evidence to support their case. Respondents must respond promptly and comply with procedural directions. With careful preparation and timely action, discrimination claims can be heard fairly by an independent tribunal, which can award remedies including compensation and declarations of rights violations.
