This guide is maintained as a current resource for September 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.
Essential guide to steps to take before filing an Employment Tribunal claim in England and Wales. Learn about identifying breaches, gathering evidence, internal resolution, early conciliation with Acas, time limits, and preparing your tribunal claim.
Before filing a claim with an Employment Tribunal, individuals who believe their employment rights have been breached should take a series of careful preparatory steps. These steps help clarify whether a claim is appropriate, gather necessary evidence, attempt resolution with the employer, and meet strict procedural requirements. Understanding these preliminary actions can make a tribunal claim clearer, more effective, and compliant with legal time limits, ultimately improving chances of a successful outcome.
Identify the Legal Basis for Your Claim
The first step before considering a claim is to determine what rights have been breached. Common bases for tribunal claims in England and Wales include:
- Unfair dismissal, where you consider your dismissal was unfairly handled or lacked a fair reason;
- Unlawful termination, including dismissal in breach of statutory or contractual obligations;
- Discrimination, where dismissal or treatment was due to a protected characteristic;
- Unauthorised deductions from wages or other pay disputes.
Different legal claims may require different evidence or procedural steps. Clarifying the nature of the breach early helps shape how you prepare and what records you seek to collect.
Document and Organise Evidence
Compiling clear evidence lays the foundation for a strong claim. Documents and records commonly needed include:
- Employment contract and written terms, to understand agreed rights and protections;
- Payslips, termination letters and correspondence relating to the issue;
- Emails, messages and notes of meetings that record relevant events or complaints;
- Internal grievance or appeal submissions and outcomes, if used; and
- Dates and chronological notes of key events and communications.
Having these records organised by date and topic helps clarify your case and makes it easier to explain events in writing or orally later. Strong evidence is vital because tribunal decisions often turn on factual records.
Consider Internal Resolution Options
Raise the Issue Informally
If time permits, attempt to resolve the dispute informally with your employer. This might involve discussing the issue with your line manager or human resources representative. Many disputes can be resolved without formal action. Trying informal resolution does not extend tribunal time limits, but tribunals often expect prospective claimants to show they tried to resolve disputes internally.
Use Formal Grievance and Appeal Procedures
If informal attempts fail, consider submitting a formal grievance under your employer's procedures. This requires the employer to investigate and respond to your complaint. A grievance creates a documented process and record of your position, which can be important evidence later. If disciplinary or dismissal outcomes predate your grievance, you may also have a right to appeal those outcomes.
Tribunals may take into account whether you have engaged with internal procedures when assessing fairness or reasonableness.
Seek Advice and Clarification
Before initiating formal external steps, it can be helpful to seek impartial advice. Free or low‑cost sources of guidance include:
- Citizens Advice, for general legal information and rights explanation;
- Trade unions, where membership may include legal support for employment disputes;
- Law Centres or legal clinics, which often provide employment advice in specific areas; and
- Solicitors specialising in employment law, who can clarify strengths and weaknesses of a potential claim.
Getting advice helps shape expectations about likely outcomes and can reduce preparation time later.
Notify Acas and Early Conciliation
Mandatory Pre‑Claim Step
Before you can file a claim with an Employment Tribunal, you must notify the Advisory, Conciliation and Arbitration Service (Acas) of your intention to make a claim. Acas will then offer early conciliation, a free and confidential process to try to settle the dispute without tribunal intervention.
You should not regard early conciliation as the first step in all situations, but it is a legal prerequisite for most tribunal claims. If you engage in the early conciliation process before the deadline for submitting a claim, it halts (or “pauses”) the time limit for making the tribunal claim, giving you more time to prepare.
How Early Conciliation Works
Once you notify Acas, you'll be offered to start early conciliation. A conciliator will contact you and your employer separately to explore whether a settlement can be reached. The conciliator does not give legal advice or take sides, but helps facilitate discussion and potential compromise.
If you and your employer agree a settlement, the claim will not go to a tribunal. If no agreement is reached or you decide not to participate in conciliation, Acas will issue an early conciliation certificate, which you must include when filing your tribunal claim.
Since 1 December 2025, early conciliation periods can last up to 12 weeks for notifications made on or after that date, giving more time for meaningful engagement.
Understand and Manage Time Limits
Time limits for making claims to an Employment Tribunal are very strict. For most claims, you must notify Acas and commence early conciliation within three months less one day from the date of the act you are complaining about, such as dismissal or discriminatory conduct.
For specific claims like statutory redundancy or equal pay, longer periods (for example six months) may apply. Starting early conciliation before the deadline pauses the time limit and then provides at least one month after the certificate is issued to submit your claim.
Failing to observe time limits normally prevents the tribunal from accepting a claim, so tracking dates carefully is essential.
Prepare Essential Documents and Claim Details
While early conciliation is underway or after it concludes without settlement, begin preparing details for your tribunal claim:
- Chronology of events and factual background;
- List of legal rights alleged to have been breached;
- Evidence summaries and supporting documents;
- Names and addresses of claimants and respondents; and
- Desired remedies, such as compensation or reinstatement.
Familiarising yourself with the ET1 claim form and how to complete it can reduce stress later. You will need your Acas certificate number and accurate respondent details when submitting the form.
Notify Relevant Adjustments and Accessibility Needs
If you have a disability or health condition that may affect your participation in tribunal procedures, notify the tribunal when making your claim so that reasonable adjustments can be arranged. Providing this information early ensures fairness and access throughout the process.
Common Questions
Do I have to go through grievance procedures before Acas?
You are encouraged to try internal procedures first, but it does not change the time limits for tribunal claims and is not always required. However, tribunals may view internal attempts to resolve disputes positively.
Can Acas settle my case without a tribunal claim?
Yes. If early conciliation leads to a settlement, the claim process ends and a legally binding agreement can be recorded in a COT3 settlement.
What if I miss the time limit?
Missing the statutory time limit can bar your claim unless you can show exceptional circumstances. Start early conciliation and claim preparation promptly.
Key Takeaways
Taking the right steps before filing a claim with an Employment Tribunal increases the likelihood of a clear and effective challenge to unlawful employment actions. These steps include identifying the legal basis for your claim, organising evidence, using internal grievance and appeal processes, notifying Acas and participating in early conciliation, understanding time limits, and preparing essential documents. Early preparation not only helps clarify your position but also ensures procedural requirements are met, which is vital in the formal tribunal process.
