Starting an Employment Tribunal Claim

Beginning an employment tribunal claim in England and Wales can be a crucial step for workers seeking to enforce their statutory rights or challenge unlawful treatment by an employer, potential employer or trade union. This article provides a step‑by‑step guide to the process, including when you can claim, mandatory pre‑claim steps, how to complete key forms, time limits and practical considerations. The aim is to make a complex legal procedure accessible and understandable for employees, employers, solicitors, students and members of the public.

Introduction

An employment tribunal is a specialist judicial body that hears disputes about employment rights and obligations. Common claims include unfair dismissal, discrimination at work, unauthorised deductions from pay, and breach of contract. Employment tribunals decide disputes independently, and their decisions are legally binding.

To start a claim, a prospective claimant must follow defined steps, meet statutory time limits and complete specific procedural requirements. The most important of these is notifying ACAS (Advisory, Conciliation and Arbitration Service) before a claim can be accepted by the tribunal.

Step 1: Identify Whether You Can Make a Claim

You can make a claim to an employment tribunal if you believe someone has treated you unlawfully in connection with your employment. This includes:

• Unfair dismissal (if you meet eligibility criteria).
• Discrimination because of a protected characteristic.
• Breach of contract or terms of employment.
• Unauthorized deductions from pay.
• Other statutory rights such as holiday pay entitlements.

The claim may be brought by an individual for themselves, by a group of people acting together, or by a representative on behalf of another person, depending on the circumstances and authority.

Step 2: Check Time Limits

Before starting a tribunal claim, you must understand the relevant time limits. These are strict and typically run from the date of the event you are complaining about:

• For most claims, such as unfair dismissal or discrimination, you need to start the process within three months minus one day of the issue occurring (for example, the end of employment or a discriminatory act).
• Some claims, such as statutory redundancy pay or equal pay claims, allow six months minus one day.

Time limits apply even if you decide to raise a grievance internally or appeal within your organisation; these internal processes do not extend statutory deadlines.

Step 3: Notify ACAS and Undertake Early Conciliation

Before lodging a tribunal claim, you must notify ACAS that you are considering a claim. ACAS will then offer an early conciliation service:

• This is a free, confidential process where an ACAS conciliator explores with both parties whether the dispute can be settled without going to tribunal.
• Early conciliation pauses (or “stops”) the statutory time limit while the process runs, giving you more time to prepare your claim if conciliation does not resolve the dispute.

You can start early conciliation online using ACAS's notification service or by telephone. Once conciliation ends or if either party declines to conciliate, ACAS issues an early conciliation certificate. You will need this certificate (and its unique reference number) to submit your tribunal claim.

Step 4: Prepare Your Tribunal Claim

Once you have the ACAS early conciliation certificate, the next step is to prepare your formal claim. Employment tribunal claims are generally made online, but you can also submit a paper claim form.

Completing the ET1 Form

The main document used to start a claim is Form ET1:

• The ET1 sets out who is making the claim (the “claimant”), who the claim is against (the “respondent”), and the details of the complaint.
• You must include the ACAS early conciliation certificate number on the ET1, so the tribunal knows you have complied with the pre‑claim requirement.
• You must also list the relevant facts, dates and legal bases for your claim.

If more than one claimant is making the same claim (a group claim), a different version of the ET1 (often called ET1A) should be used.

When completing the ET1, ensure the narrative is clear and chronological, with dates and supporting details, because this information forms the core of your case as it proceeds.

Step 5: Submit the Claim

After preparing the ET1:

• Submit the claim online through the tribunal service website. You can save and return to it before final submission if necessary.
• Alternatively, print and post the ET1 form to the appropriate employment tribunal office if you prefer paper submission.

No tribunal fee is payable to start a claim in England and Wales, making the process accessible.

Step 6: After Submission - Respondent's Reply

Once your ET1 is accepted:

• The tribunal will send a copy to the respondent.
• The respondent usually has 28 days to file a response using Form ET3.
• Copies of both ET1 and ET3 may be sent to ACAS so conciliation can continue even after the tribunal claim has been started.

Practical Considerations

Evidence and Documentation

Gather all relevant documents before starting your claim. Key evidence includes:

• Employment contracts, payslips, and correspondence with your employer.
• Formal grievance letters, disciplinary records and performance reviews.
• Notes of meetings, emails or other communications related to the dispute.

Documenting events chronologically helps the tribunal follow your claim clearly.

Legal Advice and Representation

While preparing and submitting a claim can be done without a solicitor, many claimants choose to seek legal advice or representation. This can help with legal strategy, drafting clear allegations and presenting evidence.

Tribunal Costs and Adjustments

There is no fee to make a claim, but tribunal costs can arise such as expert reports or fees for representation. If you have a disability or health condition, you can request reasonable adjustments to ensure you can participate fully in the process.

Common Questions

Can I start a claim without ACAS early conciliation?
No. For most claims, you must notify ACAS and obtain a certificate before submitting a tribunal claim.

What happens if the time limit is missed?
If the statutory time limit expires before notifying ACAS, the tribunal may reject the claim as out of time, unless there are valid legal grounds for an extension.

Can I include multiple issues in one claim?
Yes. For example, an unfair dismissal claim might also include discrimination or unpaid wages if those issues arise from the same facts. However, combining claims can complicate time limit calculations, so check deadlines carefully.

Key Takeaways

Starting an employment tribunal claim involves a structured process designed to protect legal rights while offering opportunities for early resolution:

1. Confirm eligibility to make a claim.
2. Check and calculate time limits to ensure your claim is submitted in time.
3. Notify ACAS and undertake early conciliation to pause the statutory clock.
4. Prepare and submit Form ET1 and include the early conciliation certificate reference.
5. Respondent replies, after which the tribunal process continues.

Accurate preparation, careful documentation and timely action help ensure your claim can be heard and decided on its merits.