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.
Detailed guide to how employment tribunal cases are decided in England and Wales, explaining hearings, evidence, judgment processes, remedies, enforcement and options for reconsideration and appeal, with clear practical guidance for claimants and employers.
When an employment dispute in England and Wales cannot be resolved informally or through early conciliation with ACAS, the matter may proceed to an Employment Tribunal. Understanding how employment tribunal cases are decided helps claimants, employers, representatives and advisers anticipate what happens at and after the hearing, how evidence and legal arguments shape outcomes, and what rights and remedies might follow. This article explains the decision‑making process, the role of evidence and law, how judgments are issued, enforcement and options for challenge, and practical points to consider.
The Role and Structure of an Employment Tribunal
An employment tribunal is an independent judicial body that hears claims brought by workers and employees against employers under UK employment law, such as unfair dismissal, discrimination, wage disputes and detriment following a protected disclosure. Tribunals are governed by statutory rules of procedure and apply relevant legislation such as the Employment Rights Act 1996 and the Equality Act 2010 when deciding cases.
Hearings are usually chaired by an Employment Judge. In some cases the judge may sit with lay members, depending on the nature and complexity of the claim. Hearings may take place in person, by telephone or by video link.
What Happens at the Hearing
Presenting Evidence and Legal Arguments
At the tribunal hearing, both sides have the opportunity to present their case. This generally includes:
- Opening statements or submissions, outlining each party's position.
- Witness evidence, where the claimant and respondent (and any witnesses) give sworn evidence and may be cross‑examined.
- Documentary evidence, such as contracts, correspondence, records of meetings, policies, pay records and other documents relevant to the legal issues.
- Closing submissions, where each party summarises how the evidence supports their arguments.
Tribunal hearings are less formal than court proceedings, but the same basic rules of fairness apply. The tribunal will consider all admissible evidence and legal submissions before reaching a decision.
How the Tribunal Reach a Decision
Applying Law to Facts
A tribunal decision involves two key tasks:
- Establishing the facts: Determining what happened based on the evidence presented.
- Applying the law: Deciding whether the facts, as found, meet the legal tests for the claim (for example, whether a dismissal was unfair or discrimination occurred).
Tribunals are not merely fact‑finding bodies; they must interpret and apply the law to the facts of each case. They may refer to case law, statutory definitions and legal principles in their reasoning.
Judgment Delivery
- In some cases, the tribunal may give its decision (judgment) orally at the end of the hearing if time allows.
- More commonly, the tribunal reserves judgment and issues a written judgment a few days or weeks later. This written decision is sent to both parties.
- If you ask for written reasons, these are included or provided upon request within a statutory deadline (commonly 14 days of the judgment). Written reasons explain how the tribunal reached its conclusions.
Judgments are generally published on the Employment Tribunal Decisions register on GOV.UK.
Remedies and Orders
If the Claim Succeeds
When a tribunal upholds all or part of a claim, it will determine what orders or remedies are appropriate. These can include:
- Compensation: Awarded for financial losses such as lost earnings, injury to feelings (in discrimination cases), or unpaid wages.
- Reinstatement or re‑engagement: In unfair dismissal cases, the tribunal may order the employer to reinstate the claimant to their job or re‑engage them in a different role.
- Declarations or other orders: A tribunal may make declarations about rights or direct specific actions by the employer where relevant.
The tribunal may decide the remedy at the end of the hearing or schedule a separate remedy hearing to determine compensation or other orders.
If the Claim Fails
If the tribunal finds that the claim is not supported by evidence or does not meet the legal test, it will dismiss the claim. There is generally no compensation or order in favour of the claimant if a claim fails. In some circumstances, a respondent may apply for costs if the claimant has acted unreasonably, although this is uncommon.
Post‑Decision Options
Reconsideration
A party may request the same tribunal to reconsider its judgment on limited grounds, such as procedural irregularity or new evidence, normally within a set time limit. The tribunal can confirm, vary or revoke its decision.
Appeal to the Employment Appeal Tribunal (EAT)
If a party believes the tribunal made a legal error - for example misinterpreting a statute - they can appeal to the EAT. Appeals must generally be lodged within strict time limits and must focus on points of law, not merely disagreement with factual findings. Further appeals may be possible to the Court of Appeal and Supreme Court on significant legal issues.
Enforcement of Tribunal Decisions
Tribunal decisions are legally binding. If an employer fails to comply with orders - for example, failing to pay compensation - the successful party can take enforcement action.
- Compensation can be enforced as a judgment debt through the civil courts.
- Employers who do not comply may face financial penalties or enforcement measures. Guidance on enforcement is included with the written judgment.
Common Questions
Is the decision always made public?
Most tribunal judgments are published on the official Employment Tribunal Decisions register unless specific orders limit publication. Publications help transparency and public understanding.
Can the tribunal change its decision?
Only in limited circumstances through reconsideration or on appeal. Decisions remain binding unless successfully challenged.
Key Takeaways
Employment tribunal decisions in England and Wales are made after a hearing where both parties present evidence and legal submissions. The tribunal applies relevant law to the established facts and may issue an oral or written judgment. If a claim succeeds, remedies such as compensation or reinstatement may be ordered, possibly at a remedy hearing. Judgments are published and legally binding, but parties have options for reconsideration or appeal on points of law. Effective preparation, clear evidence and knowledge of procedure support better outcomes in tribunal cases.
