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.
Detailed guide to employment tribunal procedures for termination disputes in England and Wales, covering early conciliation, submitting claims and responses, case management, hearings, evidence, time limits and practical tips for navigating tribunal claims and defences.
When an employment dispute arises in England and Wales - such as wrongful termination, unfair dismissal, discrimination or other termination‑related claims - the matter may be decided by an employment tribunal. Tribunals provide a legal forum where employees and employers can resolve disputes without using the ordinary civil courts. Understanding tribunal procedures helps parties navigate the process, meet deadlines, present evidence effectively and pursue or defend termination claims with confidence.
Employment tribunal proceedings are governed by statutory procedure rules and guidance from HM Courts & Tribunals Service and ACAS (Advisory, Conciliation and Arbitration Service). They include stages such as early conciliation, claim submission, responses, case management, hearings and judgment.
Early Conciliation with ACAS
Before submitting most claims to a tribunal, the prospective claimant must notify ACAS (Advisory, Conciliation and Arbitration Service) that they intend to make a claim. This is known as early conciliation and aims to resolve disputes without formal proceedings.
ACAS will offer to contact the respondent (usually the employer) to explore settlement. Participation pauses the tribunal time limit if the notification is made within the applicable period. Early conciliation may last up to twelve weeks under current rules. Once completed, ACAS issues a certificate which the claimant needs to submit a claim to the tribunal.
Submitting a Claim (ET1) and Time Limits
Most tribunal claims - including wrongful termination and unfair dismissal - must be submitted within three months less one day of the effective date of the event (such as the last day of employment). ACAS early conciliation pauses this time limit while it is ongoing.
The claimant begins the process by completing an ET1 claim form. This sets out the allegations, dates, contractual terms and remedy sought. Once accepted, the tribunal sends the claim to the respondent (employer).
Respondent's Response (ET3)
After receiving the ET1, the respondent has 28 days to file an ET3 response form, detailing their defence to the allegations. If the respondent fails to respond in time, the tribunal may proceed to decide the matter without a defence provided.
Under the Employment Tribunal Procedure Rules 2024, the response must be in accordance with procedural directions, and the tribunal will copy accepted responses to the parties. Rule changes emphasise timely responses and procedural conformity.
Case Management and Preliminary Matters
Once both ET1 and ET3 have been received, the tribunal engages in case management. This stage organises the remaining pre‑hearing steps, which may include:
- Case management orders setting deadlines for evidence exchange, witness statements, schedules of loss and document bundles.
- Preliminary hearings to resolve procedural issues, including whether a claim was timely, or to determine certain points of law before the main hearing.
- Disclosure requirements obliging parties to exchange relevant documents.
Tribunals may apply timetabling rules to control how parties present evidence and submissions at hearing.
Evidence and Document Bundles
In preparation for a hearing, parties usually compile a bundle of documents that each side intends to rely on. This includes:
- The employment contract.
- Correspondence related to termination.
- Pay records and benefits details (if relevant to remedies).
- Any grievance, disciplinary or redundancy records.
Tribunals generally require that the other side receives copies of documents well ahead of the hearing - often at least seven days before - to allow fair preparation.
Hearings: What Happens
Final Hearing
A final hearing is where the tribunal hears evidence and submissions from both parties. Tribunals must provide at least 14 days' notice of the date of the final hearing. Hearings are normally in public unless special privacy provisions apply.
At the hearing:
- The claimant usually presents their case first, explaining the basis for the claim and calling witnesses if appropriate.
- The respondent presents its defence and any witnesses.
- Tribunal members (an employment judge and, in some cases, lay members) question parties, assess credibility and examine documents.
- Parties may be represented by solicitors, barristers or lay representatives.
Remote hearings by video or telephone are possible if the tribunal considers it fair and practicable. Tribunals manage procedural matters, including time limits for oral evidence and cross‑examination, under the Procedure Rules.
Judgment and Remedies
After the hearing, the tribunal issues a judgment either at the hearing or in writing shortly afterwards. This decision explains whether the claim succeeds and, if so, what remedies apply. Remedies may include compensation for wrongful or unfair dismissal, declarations of rights, and in rare cases, recommendations for reinstatement or re‑engagement (unfair dismissal).
Judgments are published on a public register, and parties receive written copies. Decisions can cover both liability and remedy, and in complex cases tribunals may issue separate decisions on different elements of the dispute.
Failure to Comply with Procedure
Tribunals have powers to dismiss aspects of claims or responses that do not meet procedural standards or have no reasonable prospect of success. For example, if a response lacks merit, the tribunal may dismiss it following written representations. Parties failing to comply with procedural orders risk sanctions, including dismissal of parts of their case.
Time Limits and Extensions
Strict time limits are enforced in tribunal processes. Claims must be filed within the relevant statutory period, and responses submitted within designated deadlines. In limited circumstances, tribunals may extend time for filing where it was not reasonably practicable to submit within the strict limit, but extensions are exceptional and fact‑specific.
Practical Considerations and Risks
- Attend hearings: Non‑attendance may lead to decisions being made in a party's absence.
- Prepare documents early: Meeting requirements for disclosure and bundles ensures the tribunal can assess the evidence fairly.
- Engage in ACAS conciliation: Early settlement may avoid lengthy tribunal processes.
- Manage time limits: Understanding when time limits run, especially after early conciliation, is crucial to preserving claims.
Tribunals in recent years have faced backlogs, which may affect scheduling and timelines, making early case preparation and compliance even more important.
Common Questions
Can I settle before a hearing?
Yes. Parties can reach a settlement at any point, often recorded as a COT3 agreement with ACAS, preventing further claims on the same issues.
What if I miss the deadline?
Missing time limits usually means a tribunal cannot hear the claim, unless exceptional circumstances apply and the tribunal exercises limited discretion.
Do I need legal representation?
No, but solicitors or specialist advisers can help clarify procedures, deadlines and strategies.
Key Takeaways
Employment tribunal procedures in England and Wales follow a structured pathway from early conciliation with ACAS, through ET1 claim and ET3 response, to case management and hearing. Tribunals manage evidence, procedural orders and hearings under statutory rules and aim to provide fair resolution of termination disputes. Understanding these steps, deadlines and evidential requirements helps parties prepare stronger cases or defences and navigate the tribunal system effectively.
