Key Steps to Understand Before Making a Tribunal Claim

Bringing a claim to an employment tribunal in England and Wales is a significant legal step that should be taken with a clear understanding of the process, requirements and practical considerations. Employment tribunals hear disputes about issues such as unfair dismissal, discrimination, wages and contract breaches. Before lodging a claim, prospective claimants must navigate procedural steps, time limits and alternative resolution options, including Acas Early Conciliation. This guide explains the key steps you need to understand before making a tribunal claim, helping you prepare effectively and protect your legal rights.

1. Identify the Legal Issue

Before taking any formal action, clarify the type of dispute you want to raise. Common employment tribunal claims include:

• Unfair dismissal (e.g., dismissal without a fair reason or procedure)
• Discrimination (protected characteristics under the Equality Act 2010)
• Wage and pay disputes (including holiday pay or unpaid wages)
• Redundancy pay and related claims

Understanding which category your dispute falls into will help you identify the relevant legal tests, qualifying periods and remedies. Different types of claims may have different time limits and requirements.

2. Try to Resolve the Issue Informally

Employment tribunals and the advisory body Acas both encourage parties to try to resolve disputes informally before escalating them. Practical steps can include:

• Informal discussion with your manager or HR
• Raising a formal grievance through your employer's grievance procedure
• Appealing internal disciplinary or redundancy decisions

Resolving issues internally can preserve working relationships and may prevent the need for tribunal proceedings. Even if informal steps do not resolve the matter, showing you attempted to address the issue can support how a tribunal views your overall approach.

3. Understand and Meet Time Limits

Time limits for making tribunal claims are strict and vary depending on the type of complaint:

• For most claims, such as unfair dismissal or discrimination, you generally must notify Acas within three months minus one day of the event you are complaining about (for example, the date of dismissal).
• For some claims, such as statutory redundancy pay or equal pay claims, you have six months minus one day to notify Acas.

If you fail to notify Acas within the relevant time period, your claim may be time barred, meaning a tribunal may refuse to hear it. Time limits can be complex, especially where multiple issues or ongoing conduct are involved, so it is important to confirm deadlines early.

4. Begin the Acas Early Conciliation Process

Before you can lodge a claim with an employment tribunal, the law generally requires you to notify Acas that you are considering a tribunal claim. This triggers Early Conciliation, a free service aimed at helping you and your employer resolve the dispute without tribunal proceedings.

What Early Conciliation Involves

• You notify Acas that you intend to pursue a claim;
• Acas then offers conciliation where a conciliator speaks with both sides separately to explore settlement options;
• Participation in Early Conciliation is voluntary; both parties must agree to discuss resolution; and
• Early Conciliation can last up to 12 weeks for notifications made on or after 1 December 2025.

During this period your tribunal time limit is paused once Acas acknowledges your notification, which prevents you from inadvertently running out of time while conciliation is pending.

At the end of Early Conciliation, Acas issues a certificate confirming the outcome - whether a settlement was reached or not - and this certificate number is required when you lodge a tribunal claim.

5. Prepare Your Tribunal Claim

If Early Conciliation does not resolve your dispute and you decide to proceed, you must make a formal claim to the employment tribunal. Key preparation steps include:

a. Complete the Claim Form (ET1)

You must submit a claim form ET1 to the tribunal, either online or by post. When completing the form, include:

• Your full details and those of the respondent (employer)
• The Acas Early Conciliation certificate number
• A clear statement of the facts and legal basis for your claim
• Details of losses and remedies you are seeking (for example, compensation)

b. Gather Supporting Evidence

Supporting evidence strengthens your case. This can include:

• Employment contracts and policies
• Records of communications (emails, letters)
• Witness statements
• Grievance and appeal records
• Pay slips and financial records
• Evidence of discrimination or unfair treatment

The strength and organisation of your evidence are critical to tribunal success.

6. Tribunal Process After Claim Submission

Once your claim is submitted:

Respondent's Response

The respondent (employer) usually has 28 days to file a response after the tribunal accepts your claim.

Case Management and Hearing

The tribunal manages case progression, including possible case management hearings, disclosure of documents, and witness evidence. A final hearing is scheduled where both parties present their cases.

Judgment

After the hearing, a tribunal panel makes a judgment. If your claim succeeds, remedies can include compensation for financial loss, recommendations for reinstatement or declarations of rights.

7. Understand Potential Risks and Practical Considerations

Legal Costs and Expenses

There are no fees for making a claim to an employment tribunal itself, but you may incur costs such as:

• Legal advice or representation
• Witness expenses
• Potential costs if the tribunal finds unreasonable conduct by a party.

Time and Emotional Investment

Tribunal cases can take many months to resolve from claim submission to final judgment, especially where issues are complex or multiple claims are involved. Preparing thoroughly and realistically managing expectations helps reduce frustration.

Remedies May Vary

Compensation and remedies depend on the nature of your claim and your circumstances. For example, discrimination claims may include awards for injury to feelings or financial losses specific to the case.

Common Questions

Do I need to notify Acas for every claim?
Most tribunal claims require Early Conciliation notification to Acas before a claim can be lodged, though there are limited exceptions.

Does going through a grievance change time limits?
No. Going through your employer's grievance or appeal procedures does not extend the tribunal time limits - you still must notify Acas on or before the statutory deadline.

Can Early Conciliation lead to a binding settlement?
Yes. If you and your employer reach an agreement during Early Conciliation, it is formalised in a COT3 settlement agreement, which is legally binding and precludes further tribunal action on the same dispute.

Key Takeaways

Before making an employment tribunal claim in England and Wales, it is essential to:

1. Identify your legal issue and relevant rights.
2. Try to resolve the problem informally or through grievance procedures.
3. Understand and meet strict time limits for your claim.
4. Notify Acas and engage in Early Conciliation to seek resolution and obtain a certificate.
5. Prepare your tribunal claim carefully, including evidence and legal basis.
6. Submit your claim (ET1) with an Early Conciliation certificate number.
7. Participate in the tribunal process, from response to hearing and judgment, understanding the possible remedies and risks.

These steps help ensure that your claim is valid, timely and effectively prepared, maximising your chances of achieving a fair outcome at an employment tribunal.