Understanding Employment Tribunal Procedures

This comprehensive guide explains how employment tribunal procedures work in England and Wales. It is designed to help members of the public, students and solicitors understand how employment disputes are resolved through the tribunal system. The article covers the stages of a tribunal claim, statutory requirements, Acas early conciliation, time limits, hearings, outcomes, potential risks, and common questions. Complex legal concepts are explained in clear, plain language, with UK‑specific terminology such as tribunals, claims, compensation, respondents, and solicitors.

What Is an Employment Tribunal?

An employment tribunal is an independent judicial body that hears disputes between employees (or workers) and employers (the “respondent”) about employment rights. Tribunal claims can include unfair dismissal, discrimination, wage disputes, redundancy pay, victimisation and many other workplace issues. Tribunals are governed by specific statutory procedures and rules designed to provide accessible and relatively informal resolution outside of the civil courts.

Tribunals deal with claims in stages - from early conciliation through to hearing and judgment - and enforce rights under employment law, such as the Employment Rights Act 1996 and equality legislation.

Step 1: Before You Make a Claim - Early Conciliation

What Early Conciliation Is

Before you lodge a claim with the tribunal, you are generally required to notify the Advisory, Conciliation and Arbitration Service (Acas) about your intention to make a claim. This begins the early conciliation process, which provides an opportunity to settle the dispute without formal tribunal proceedings. Acas offers a free service where a conciliator tries to help both sides reach agreement.

During early conciliation:

• Acas contacts your employer or respondent to discuss settlement.
• You may agree terms that resolve the dispute without going to tribunal.
• If no agreement is reached, Acas issues an early conciliation certificate with a unique reference number you need to include in your tribunal claim.

When Early Conciliation Is Required

Most employment tribunal claims must start with early conciliation. There are limited exceptions (for example, claims where Acas does not have power to conciliate certain matters), but these are specific and narrow. If you are unsure whether your claim is exempt, contact Acas before proceeding.

Step 2: Time Limits - Act Promptly

Employment claims are subject to strict time limits:

• Most claims must be made within 3 months minus 1 day of the date the issue occurred (for example, dismissal or breach of contract).
• Some claims, such as statutory redundancy pay, equal pay and certain strike‑related dismissal claims, have a deadline of 6 months minus 1 day.

Time limits usually start from the date of the relevant employment event. Notifying Acas within the time limit “stops the clock” while early conciliation is in progress; once you receive your early conciliation certificate, you generally have at least one month from that date to make your claim to the tribunal.

Failing to meet the relevant deadline typically means the tribunal will not have jurisdiction to hear the claim unless it is “just and equitable” to extend time - a legal test applied by the tribunal.

Step 3: Making a Claim - The ET1 Form

Starting the Claim

You start a tribunal claim by completing and submitting the ET1 claim form to the employment tribunal, either online or by post. The ET1 requires:

• your details and contact information,
• the names and addresses of all respondents (employer(s) you are claiming against),
• your early conciliation certificate number,
• clear details of the complaint or legal claims you are making.

Do not send original documents with your initial form; you will provide evidence later. If your employer has been named incorrectly on the claim, this can delay or invalidate your claim - check names carefully using your contract or payslips.

No Fees

You do not have to pay a fee to make an employment tribunal claim. However, other costs (such as witness expenses) may arise depending on how your case proceeds.

Step 4: After You Make a Claim

Once your ET1 form is accepted by the tribunal:

• The tribunal sends the claim to the respondent, who has 28 days to file a response (ET3 form).
• If the respondent does not respond, the tribunal may issue a default judgment in your favour without a hearing.

Preliminary Case Management

The tribunal may hold one or more preliminary hearings or case management discussions to:

• decide if parts of the claim can proceed,
• set a timetable for disclosure of documents, witness statements, and expert evidence,
• schedule a full hearing.

Both sides will be required to share relevant documents with each other and the tribunal as part of the pre‑hearing preparation.

Step 5: The Tribunal Hearing

At the hearing, the tribunal panel - usually a legally qualified employment judge and, in some cases, lay members - listens to both sides. A hearing may take place:

• in person,
• by telephone,
• or by video depending on circumstances and the tribunal's direction.

At the hearing:

• The claimant presents their case and calls evidence (including witnesses).
• The respondent presents their defence and evidence.
• The tribunal members ask questions.
• Witnesses may give oral testimony under questioning.

After the hearing, the tribunal usually sends its decision in writing within a few days or weeks, although in some cases the decision may be given orally at the hearing.

Tribunal Outcomes and Remedies

If the tribunal finds in your favour, remedies may include:

• Compensation for financial loss, loss of earnings, and injury to feelings,
• Reinstatement or re‑engagement in certain unfair dismissal cases,
• Declarations regarding your employment rights.

Compensation amounts vary depending on the type of claim and the evidence of loss. The tribunal's decision is legally binding on both parties.

Potential Challenges and Practical Considerations

Evidence and Preparation

Tribunals are evidence‑based. Ensure all relevant documents - contracts, payslips, correspondence, disciplinary records, witness statements - are organised and disclosed.

Time Limits and Deadlines

Missing time limits (for early conciliation or the ET1 claim) is a common hurdle. Only in exceptional circumstances will a tribunal extend these deadlines.

Representation

Parties may represent themselves or be accompanied by solicitors, legal representatives, trade union officials, friends or family.

Tribunal Backlogs

Employment tribunals have experienced significant backlogs, which may delay hearings and final decisions. While most claims are heard in a timely manner, be prepared for possible waiting periods between submission and hearing.

Common Questions

Do I need to go through a grievance process before early conciliation?
While not strictly required, raising an internal grievance can demonstrate attempts to resolve the dispute informally, which may be viewed favourably by a tribunal.

Can I amend my claim after submitting ET1?
Yes, in many situations you can request to amend your claim, especially to clarify particulars. However, it should be done promptly and often before the respondent is served.

What if my claim is against multiple respondents?
You can include multiple employers or parties on the ET1, but you must ensure each respondent's details are accurate and you have separate early conciliation certificates for each if required.

Key Takeaways

Employment tribunal procedures in England and Wales involve several structured stages, including:

• Early conciliation with Acas to explore settlement.
• Strict time limits for making claims.
• Completion and submission of the ET1 claim form.
• Respondent replies, case management and preparation.
• A tribunal hearing where evidence is presented.
• Decision and remedies, which may include compensation or reinstatement.

Understanding these procedures, preparing evidence, working within time limits and considering professional guidance where appropriate will help ensure your rights are properly represented in the employment tribunal system.