Tribunal Procedures for Discrimination Claims

Employment Tribunals are independent judicial bodies that resolve disputes between workers and employers over alleged unlawful treatment, including discrimination under the Equality Act 2010. Discrimination claims include allegations of less favourable treatment due to protected characteristics such as age, sex, race, disability, religion or belief, sexual orientation, gender reassignment, pregnancy and maternity, or marriage and civil partnership. This guide explains the procedural steps for bringing a discrimination claim to an Employment Tribunal, from pre‑claim requirements and time limits to hearings, evidence, remedies and common procedural issues.

What Is a Discrimination Claim?

A discrimination claim alleges that an employer (or potential employer) has treated a worker unfairly because of a protected characteristic or has failed to make reasonable adjustments, subjected the claimant to harassment or victimisation. Tribunals enforce statutory rights to equal treatment and can award remedies such as compensation and recommendations to prevent further discrimination.

Pre‑Claim Requirements

Early Conciliation With Acas

Before an Employment Tribunal claim can be lodged, you must notify the Advisory, Conciliation and Arbitration Service (Acas) that you are considering a claim. This starts the early conciliation process, during which an Acas conciliator will try to help you and your employer resolve the dispute without the need for a tribunal hearing. Early conciliation is mandatory and pauses the tribunal time limit while it is in progress.

If settlement is reached during early conciliation, the agreement is recorded and legally binding, usually via a COT3 form. If not, Acas issues a conciliation certificate, which you need to lodge a tribunal claim.

Time Limits for Bringing a Claim

Three‑Month Rule

Most discrimination claims must be submitted to the Employment Tribunal within three months minus one day of the act of discrimination. This strict time limit starts from the date of the last discriminatory act in a series. If not adhered to, the tribunal may refuse to hear the case unless it is just and equitable to extend time.

If the discrimination involves a series of acts, the time limit typically runs from the date when the series last occurred. Determining this date can be complex and legal advice is often needed.

Starting a Claim: ET1 Form

Once early conciliation concludes and you have a certificate, you initiate a discrimination claim by submitting an ET1 claim form online or by post to the Employment Tribunal. The ET1 must set out the claimant's details, the respondent (usually the employer), the type of discrimination alleged and the basis for the claim. There is no fee for submitting a tribunal claim.

Respondent's Response: ET3 Form

After the tribunal accepts your claim, it sends a copy of the ET1 to the respondent, who must reply on an ET3 response form, usually within 28 days. The ET3 sets out the respondent's defence and any facts or legal points they rely on. If a respondent fails to file an ET3 in time, the tribunal may proceed to decision without a hearing, although a hearing on remedies (such as compensation) may still be needed.

Case Management and Preliminary Steps

Case Management Orders and Preliminary Hearings

Once the ET1 and ET3 have been exchanged, the tribunal typically issues case management orders (or directions) that outline steps and deadlines for preparing the case. These can include exchanging documents, witness statements, schedules of loss, and preparing the bundle of evidence for hearing. Tribunals may hold preliminary hearings to resolve procedural issues such as time limits, jurisdiction, or to set a timetable for disclosure and witness preparation.

Document Preparation and Disclosure

Claimants and respondents must prepare and exchange relevant documents that support their cases, including contracts, emails, policies, medical evidence (where relevant), and any correspondence relating to the discrimination allegations. These documents form the bundle used at the hearing. Parties must comply with directions; failure to do so can result in parts of a claim or defence being struck out.

Evidence and Burden of Proof

In discrimination claims, the claimant bears the initial burden of proof to show facts from which the tribunal could conclude unlawfulness on the balance of probabilities. Once this is established, the burden may shift to the respondent to demonstrate a non‑discriminatory explanation for their conduct. Tribunals assess whether the treatment was because of a protected characteristic and whether any defence applies.

The Hearing

Final Hearing

At the final hearing, both parties present evidence, call witnesses, and make legal submissions. Hearings may be in person, remote or hybrid depending on complexity and tribunal practice. Claimants typically provide their evidence first, followed by the respondent, with opportunity for cross‑examination. The tribunal panel, usually comprising an employment judge and lay members with employment relations expertise (in more complex cases), evaluates the evidence and legal arguments.

Remedies and Decisions

If the tribunal finds discrimination, it may award remedies including:

• Compensation for injury to feelings and financial loss;
• Recommendations to the employer to prevent future discrimination;
• Reinstatement or re‑engagement in rare cases (where appropriate).

Compensation is generally uncapped for discrimination, subject to legal standards and evidence of loss. Awards are calculated according to established principles, including a tariff for injury to feelings.

Settlement During the Process

Even after a claim is lodged, claimants and respondents can continue to negotiate settlement through Acas or directly. Settlements often result in a COT3 agreement, which concludes the dispute without a tribunal hearing. Settlement can occur at any stage up to and including on the day of the hearing.

Tribunal Costs and Conduct

Employment Tribunals in England and Wales are generally no‑cost forums for claimants: costs are rarely awarded against unrepresented claimants, even if they lose. However, both parties should be aware of potential cost orders in exceptional circumstances, particularly where conduct is unreasonable or dilatory. Representing yourself is permitted, though many parties choose legal representation for complex discrimination issues.

Practical Considerations

Timing and Deadlines

Strict adherence to time limits is critical. An early Acas notification within three months (minus one day) is essential to preserve the right to claim. Even minor delays can jeopardise the claim, and tribunals are reluctant to extend time except where it is just and equitable.

Evidence Preparation

Good organisation of documents, witness statements and a clear chronology strengthens the case. Parties should proactively comply with case management orders and meet documentary and witness deadlines.

Backlogs and Delays

Tribunals have experienced significant backlogs in recent years, which may extend the time between filing a claim and the hearing date. Patience and preparation are necessary, as final hearings may be listed many months after the claim is lodged. (Context from news sources on backlog – not cited as primary legal procedure source)

Key Takeaways

Discrimination claims in Employment Tribunals follow a structured process designed to ensure fairness and clarity. Beginning with mandatory early conciliation through Acas, claimants must lodge an ET1 claim form within stringent time limits. After the respondent's ET3 response, tribunals issue case management orders and may hold preliminary hearings before a final hearing where evidence is presented. Tribunals apply legal standards to assess discrimination and can award remedies including compensation and recommendations. Understanding each procedural step, preparing evidence carefully and observing deadlines are key to navigating the discrimination claims process effectively.