How to Start an Unfair Dismissal Claim Through an Employment Tribunal

An unfair dismissal claim allows an employee to challenge the lawfulness of their dismissal where they believe their employer did not have a fair reason or did not follow a fair procedure. In England and Wales, these claims are heard by an independent Employment Tribunal, part of the UK's tribunal system administered by HM Courts & Tribunals Service (HMCTS).

Most unfair dismissal claims must be started within strict legal time limits and must follow a mandatory pre-claim process involving ACAS (Advisory, Conciliation and Arbitration Service). Understanding each stage is essential before submitting a claim.

What Counts as Unfair Dismissal

Under the Employment Rights Act 1996, a dismissal may be considered unfair if:

• The employer did not have a potentially fair reason (such as conduct, capability, redundancy, illegality, or “some other substantial reason”)
• The employer did not follow a fair procedure
• The decision to dismiss was outside the range of reasonable responses an employer could take

The Employment Tribunal does not decide whether the dismissal was “right” or “wrong” in an informal sense. It assesses whether the employer acted lawfully and reasonably.

Step 1: Check Eligibility and Time Limits

Basic eligibility

Most employees must have at least two years' continuous service to bring an ordinary unfair dismissal claim, although exceptions exist (for example, whistleblowing or automatically unfair dismissal claims).

Time limit

A claim must usually be submitted within:

• 3 months less one day from the effective date of termination (the dismissal date)

This is a strict deadline. Missing it may prevent the claim from proceeding unless a tribunal decides it was “not reasonably practicable” to submit on time.

Step 2: Raise the Issue Internally (Optional but Common)

Before starting a tribunal claim, many employees raise a formal grievance with their employer. While this is not legally required for tribunal purposes, it can:

• Create a written record of concerns
• Give the employer an opportunity to resolve the dispute internally
• Be relevant to the tribunal's assessment of fairness

However, internal procedures do not pause or extend tribunal time limits.

Step 3: Start ACAS Early Conciliation (Mandatory Step)

Before submitting a tribunal claim, most claimants must notify ACAS and begin Early Conciliation.

Role of ACAS

ACAS is an independent public body that offers free conciliation services to help resolve workplace disputes without a tribunal hearing.

What happens during Early Conciliation

• You notify ACAS of your potential claim
• An ACAS conciliator may contact both parties
• Settlement discussions may take place
• If no settlement is reached, ACAS issues an Early Conciliation certificate

The certificate is required to start a tribunal claim in most cases.

Effect on time limits

• The limitation period is paused while Early Conciliation is ongoing
• Time resumes when the certificate is issued
• A claimant will usually have at least the remaining limitation period plus a short additional period after the certificate is issued

Step 4: Identify the Correct Respondent

The respondent is the organisation or individual the claim is made against, usually the employer.

Accurate identification is important and typically includes:

• Legal company name
• Registered address
• Employer details from contracts or payslips

Errors can delay or complicate proceedings.

Step 5: Complete the ET1 Claim Form

The claim is started using the ET1 form, submitted online or by post to the Employment Tribunal service.

The form requires:

• Personal details of the claimant
• Details of the employer (respondent)
• The ACAS Early Conciliation certificate number
• A clear explanation of the claim

Content of the ET1

The claim should set out:

• Dates of employment and dismissal
• Reason given for dismissal
• Why the dismissal is believed to be unfair
• Key facts in chronological order

The tribunal uses the ET1 to define the issues in dispute, and the employer responds using an ET3 defence form.

Step 6: Submit the Claim to the Employment Tribunal

Once the ET1 is completed:

• It is submitted to the Employment Tribunal online system or HMCTS by post
• The claim is reviewed for acceptance
• The respondent is notified and required to respond within a set timeframe

No fee is required to issue an employment tribunal claim.

Step 7: What Happens After Filing the Claim

After submission:

1. Employer response (ET3)

The employer submits a defence explaining why the dismissal was fair and lawful.

2. Case management

A tribunal judge may issue directions, including:

• Disclosure of documents
• Witness statements
• Preliminary hearings

3. Hearing

If not settled, the case proceeds to a hearing where:

• Evidence is presented
• Witnesses may be questioned
• A tribunal judge (and sometimes panel members) decide the outcome

Possible Outcomes of an Unfair Dismissal Claim

If the claim succeeds, the tribunal may order:

• Reinstatement (return to job)
• Re-engagement (new comparable role)
• Compensation (basic award and compensatory award)

Compensation is generally capped for unfair dismissal claims, subject to statutory limits and case-specific calculations.

If the claim is unsuccessful, no award is made.

Common Issues and Practical Considerations

Strict deadlines

Missing the ACAS notification or ET1 submission deadline is one of the most common reasons claims fail procedurally.

Burden of proof

The employer must show the dismissal was fair once the basic facts are established, but the claimant must still present evidence supporting their case.

Documentation

Key evidence includes:

• Employment contract
• Disciplinary records
• Emails and internal communications
• Meeting notes
• Witness statements

Key Differences: ACAS Settlement vs Tribunal Claim

ACAS Early Conciliation	Employment Tribunal
Informal negotiation	Formal legal process
Confidential discussions	Public legal record
No binding decision	Binding judgment
Free service	No fee to file claim

Key Takeaways

Starting an unfair dismissal claim involves a structured legal process:

• Confirm eligibility and strict time limits (usually 3 months less one day)
• Notify ACAS and complete Early Conciliation
• Obtain an ACAS certificate
• Submit an ET1 claim form to the Employment Tribunal
• Participate in tribunal proceedings if the case does not settle

Each stage is governed by procedural rules and deadlines, and early preparation is important to ensure compliance with tribunal requirements.