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.
Comprehensive guide to Employment Tribunal Procedure Rules in England and Wales. Explains the Employment Tribunal Procedure Rules 2024, case stages, hearings, evidence, case management orders, deadlines and practical guidance for claimants and respondents.
Employment Tribunals in England and Wales follow a structured set of tribunal procedure rules that govern how claims are brought, processed, managed and decided. These rules ensure that disputes over unfair dismissal, discrimination, unlawful deductions and other employment rights are dealt with in a way that is fair, proportionate, transparent and efficient. The governing framework most recently updated is the Employment Tribunal Procedure Rules 2024, which came into force on 6 January 2025 and apply to all proceedings in employment tribunals in England and Wales (and also Scotland).
This article explains what the tribunal procedure rules are, why they matter, how they structure tribunal claims from start to finish, what key stages and powers they set out, how hearings and evidence work, the role of judicial case management, and common questions about navigating the process.
What Are the Employment Tribunal Procedure Rules?
The Employment Tribunal Procedure Rules 2024 (SI 2024/1155) set out the detailed procedures and powers that tribunals use when handling cases. They are made under the Employment Tribunals Act 1996, which gives tribunals jurisdiction to hear employment disputes and permits the creation of rules about how proceedings are conducted.
The rules are designed to achieve an “overriding objective” of enabling tribunals to deal with cases fairly, justly, proportionately and efficiently. Tribunals must work to ensure parties are on an equal footing, avoid unnecessary formality and delay, and manage proceedings in ways that save expense.
Key Stages Under the Procedure Rules
Early Case Steps: Forms and Time Limits
Before a claim can be heard, the prospective claimant must notify ACAS for early conciliation in most cases to preserve time limits. Once the early conciliation certificate is issued, the claimant has a fixed deadline to submit the claim form (ET1) online. Tribal procedural directions govern the timeliness and content of the ET1, including details of the employer, the claims being made and the early conciliation number.
Once lodged, the tribunal sends the claim to the respondent, who must file a response form (ET3) within 28 days or risk consequences under the procedure rules for non‑response.
Case Management and Directions
After the ET3 is received and validated, the tribunal usually issues a case management order or convenes a preliminary hearing. These procedural tools allow the tribunal to:
- set timetables for disclosure of documents and exchange of witness statements;
- clarify the issues in dispute and scope of evidence;
- determine jurisdictional or strike‑out applications;
- make orders for alternative dispute resolution (ADR) such as judicial mediation; and
- control the overall progress of the case toward a final hearing.
Tribunals have broad discretion to manage hearings in ways that further the overriding objective, including requiring written submissions and regulating evidence.
How Hearings and Evidence Are Handled
Preliminary and Final Hearings
Preliminary hearings address procedural issues, such as time limits, jurisdiction or striking out weak claims or defences. These are usually held in private unless a public element is necessary for the determination of an issue.
Final hearings are where the substantive dispute is heard, evidence tested, and judicial decisions reached. Procedural rules ensure that:
- the tribunal is not bound by strict rules of evidence as in courts, allowing flexibility;
- written representations and witness evidence may be considered; and
- hearings can be conducted in person or remotely where appropriate.
The tribunal must give reasons for its decisions on procedural and substantive issues, and such reasons must be recorded either orally at the hearing or in writing.
Orders to Attend and Give Evidence
Under the rules, the tribunal can compel witnesses or other persons to attend hearings to provide evidence or produce documents.
Tribunal Powers and Case Progression
The procedure rules empower tribunals to regulate how cases proceed, including:
- Postponing or varying hearings where necessary for fairness;
- Adding or removing parties where justice requires it;
- Issuing deposit or preparation time orders linked to costs or preparation burdens;
- Awarding costs, including wasted costs orders where unreasonable conduct inflates tribunal time or expense; and
- Reconsideration or correction of decisions where clerical or substantive errors occur.
Tribunals also have powers to restrict disclosure or public reporting of sensitive information to protect parties, witnesses or national security interests.
Written Orders, Directions and Practice Guidance
The procedural rules operate alongside Practice Directions and Presidential Guidance issued by the President of Employment Tribunals. These documents help parties understand how rules are commonly applied, how forms should be presented and how hearings are conducted. They are not binding law but provide practical directions consistent with the rules.
Tribunals also publish listings, guidance and procedural forms on judiciary and gov.uk sites that reflect current practice under the procedure rules, including electronic filing expectations.
Tips for Navigating the Procedure Rules
Understand Deadlines and Forms
Time limits are strict; missing a deadline to submit an ET1, ET3 or to comply with a direction can jeopardise a case. Use the prescribed online portal and current forms to comply with procedural requirements.
Prepare Evidence Early
Prepare documentary evidence and witness statements according to deadlines set by case management orders. Failure to disclose relevant documents or meet evidence deadlines can weaken a case or lead to adverse directions.
Engage in Case Management
Participate fully in preliminary hearings and comply with procedural directions. These stages shape the course of the dispute and may narrow issues or reveal settlement possibilities.
Seek Guidance and Practice Directions
Review available Practice Directions and Presidential Guidance to understand how procedural rules are applied in tribunal practice.
Common Questions
Does the tribunal follow rules like a court?
Tribunals are less formal than courts but follow structured procedural rules that govern participation, evidence and hearings. They are not bound by strict court evidence rules but aim for fairness and justice under the overriding objective.
What happens if a party does not comply with a direction?
Failure to comply with orders or directions can lead to sanctions such as striking out issues, limiting evidence, or costs orders against the non‑complying party.
Can procedure rules change?
Yes. The Employment Tribunal Procedure Rules 2024 replaced older rules from 2013. The Tribunal Procedure Committee regularly consults on updates to address backlogs and improve efficiency.
Key Takeaways
The Employment Tribunal Procedure Rules 2024 provide the legal framework for how tribunal claims are conducted in England and Wales. They cover case initiation, responses, case management, hearings, evidence, judicial powers, costs and decisions. Central to the rules is the overriding objective to manage cases fairly and efficiently, ensuring both claimants and respondents understand and comply with requirements. Familiarity with these procedural rules, deadlines, forms and practice directions helps parties navigate tribunal proceedings and reduces the risk of procedural errors that could affect the outcome of a claim.
