What Happens After Filing a Tribunal Claim

Bringing a claim to an employment tribunal is a formal step in resolving workplace disputes in England and Wales. Once a claimant submits a claim - usually using the ET1 form - the process moves through several key stages before a final decision is made. Understanding what happens after filing helps claimants and employers manage expectations, meet requirements, and prepare effectively. This article explains each stage of the tribunal process after a claim is lodged, including timelines, procedural steps, roles of parties and practical considerations.

Claim Acceptance and Case Number

When an ET1 claim form is submitted to the tribunal, the first stage is administrative processing:

• The tribunal checks the ET1 form for completeness and confirms the claim is within the relevant time limits (typically three months less one day from the incident, subject to exceptions).
• If accepted, the tribunal will issue a case number and notify the claimant.
• The claim is then served on the respondent (the employer or other party being complained about).

Once accepted, the claim enters the formal tribunal system and the 28‑day deadline for the respondent to respond begins when the respondent is served with the claim and response form.

Employer's Response (ET3)

After the claim is served:

• The respondent has 28 days to submit their ET3 response form, which sets out whether they contest the claim and if so on what grounds.
• Extensions can be sought from the tribunal in appropriate circumstances (for example, if key evidence or witness information is delayed).
• If the respondent does not respond in time, the tribunal may decide the claim without a full hearing, although a hearing might still be needed to decide on remedy or compensation.

This response is an important early stage: it frames the issues the tribunal will later consider.

Conciliation Through Acas

Even after a claim is accepted, the tribunal often refers both parties to the Advisory, Conciliation and Arbitration Service (Acas):

• Acas offers conciliation to help the parties resolve the dispute without a hearing.
• This is separate from the initial early conciliation that precedes most claims; it may continue right up until a hearing is listed.
• If Acas helps the parties reach settlement, the claimant can withdraw the claim, and the tribunal will be informed.

Conciliation can save time and cost for both sides and remains an option throughout much of the process.

Case Management and Preliminary Hearings

Once the ET3 response is filed, the tribunal begins case management:

• The tribunal may issue directions requiring the parties to provide further information, document disclosure or identify key issues.
• Case management orders set out what each party must do and by when.
• In some cases, the tribunal may schedule a preliminary hearing - a short hearing (in person, by phone or by video) to resolve procedural or preliminary issues before a full hearing is prepared.

Preliminary hearings help ensure the case is ready for the main hearing and may address disputes about evidence, legal points, or whether part of the claim can proceed.

Exchange of Evidence and Disclosure

Both parties must comply with ongoing disclosure obligations:

• Claimants and respondents must share relevant documents with each other and with the tribunal.
• This includes evidence supporting their case and material that may undermine it.
• If a party does not provide required documents, the other party can ask the tribunal to issue an order compelling disclosure.

Good preparation and early disclosure improve efficiency and help avoid adjournments.

Listing the Hearing

Once key issues are identified and evidence exchanged, the tribunal will:

• Set a date for the full hearing, usually with at least 14 days' notice to both parties.
• Confirm whether the hearing will be in person, by video or by phone, and provide guidance on practical arrangements.

The length of time between claim submission and hearing can vary significantly depending on tribunal workload and case complexity.

The Hearing

At the hearing:

• Each side presents their case, including witness testimony, documents, and legal arguments.
• The claimant typically presents first, followed by the respondent's case.
• The tribunal members (an employment judge and, in some cases, lay members) may ask questions.

Hearings are formal proceedings but are designed to be accessible; parties may represent themselves or be accompanied by legal representatives or other support.

Judgment and Decision

After the hearing:

• The tribunal will issue its decision, often within a few days to a few weeks after the final hearing.
• The decision, including reasons, becomes a public record and is sent to both parties.
• In some cases, the tribunal provides the decision on the day of the hearing, with written reasons provided later if requested.

The tribunal's judgment may include remedies such as compensation, reinstatement or recommendations depending on the type of claim.

Settlement and Withdrawal

At any point before the hearing:

• The parties may settle the claim, often via Acas or through direct negotiation.
• A settlement usually involves a COT3 agreement that sets out terms and ends the dispute.
• If a claimant decides to withdraw the claim, they must notify both the tribunal and the respondent in writing promptly.

Settlements can avoid the uncertainty, expense and delay of a hearing.

Practical Considerations

Timeframes

• Claim acceptance and service to the respondent typically occur shortly after submission, but real‑world delays can arise given tribunal backlogs and administrative processing times. Early contact from the tribunal confirms key deadlines.

Compliance With Directions

• Parties must comply with all tribunal directions and orders. Failure to do so can delay the case and may lead to adverse costs or rulings.

Costs and Expenses

• Claimants generally do not pay tribunal fees, and respondents usually cannot recover legal costs unless a party has behaved unreasonably or pursued an unmeritorious claim.

Evidence Preparation

• Both sides should prepare documents and witness statements early and ensure they are properly disclosed and admissible.

Key Takeaways

After an employment tribunal claim is filed, the process moves through acceptance and service of the claim, the respondent's response, ongoing conciliation, case management and evidence disclosure, a hearing and ultimately a decision. Employers and claimants alike must meet deadlines for responses and evidence, engage with Acas where appropriate, and prepare for procedural events such as preliminary hearings. Tribunal decisions are published and legally binding, and settlements remain possible at any stage. Being aware of each step helps parties understand expectations, timelines and obligations as a claim progresses through the tribunal system.