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.
Explanation of what an Employment Tribunal is and its role in UK dismissal cases, including unfair dismissal, wrongful dismissal, discrimination claims, procedures, time limits, ACAS involvement, and compensation outcomes in England and Wales.
An Employment Tribunal is a specialist judicial body in England and Wales that resolves disputes between employers and employees. It plays a central role in workplace disputes, particularly claims involving dismissal, including unfair dismissal, wrongful dismissal, discrimination, and redundancy-related disputes.
In dismissal cases, the tribunal determines whether an employer acted lawfully in terminating employment and, where appropriate, awards compensation or other remedies. Most claims are issued after attempting early resolution through ACAS Early Conciliation.
What Is an Employment Tribunal?
An Employment Tribunal is part of the UK's system of specialist courts dealing exclusively with employment law disputes. It operates independently of employers, employees, and government departments.
Tribunals typically hear claims involving:
- Unfair dismissal
- Wrongful dismissal
- Discrimination claims
- Redundancy disputes
- Breach of employment contract
- Unlawful deduction of wages
Most dismissal-related claims are brought under the Employment Rights Act 1996 and the Equality Act 2010, both of which define key employee rights and employer obligations.
The Role of the Employment Tribunal in Dismissal Cases
In dismissal disputes, the tribunal's primary role is to decide whether the termination of employment was lawful.
Key questions the tribunal considers
Depending on the claim, the tribunal will assess:
- Did the employer have a fair reason for dismissal?
- Was a fair procedure followed?
- Was the dismissal within the range of reasonable responses?
- Was the dismissal in breach of contract?
- Was the dismissal discriminatory or retaliatory?
The tribunal does not decide what it would have done instead; it assesses whether the employer acted reasonably and lawfully.
Types of Dismissal Cases Heard by Employment Tribunals
1. Unfair dismissal
Unfair dismissal claims examine whether an employer had:
- A fair reason for dismissal (conduct, capability, redundancy, statutory restriction, or “some other substantial reason”)
- A fair procedure
Most employees require two years' continuous service, although exceptions exist for automatically unfair reasons such as whistleblowing or health and safety activities.
2. Wrongful dismissal
Wrongful dismissal is a contractual claim. The tribunal considers whether the employer breached the employment contract, commonly involving:
- Failure to give proper notice
- Incorrect payment in lieu of notice
- Immediate dismissal without contractual justification
No minimum service requirement applies.
3. Discrimination-related dismissal
Under the Equality Act 2010, dismissal is unlawful if it is linked to a protected characteristic such as:
- Age
- Disability
- Sex
- Race
- Religion or belief
- Pregnancy or maternity
- Sexual orientation
Discrimination claims are particularly significant because compensation is uncapped.
4. Automatically unfair dismissal
Some dismissals are automatically unlawful regardless of length of service, including dismissals linked to:
- Whistleblowing
- Trade union membership or activities
- Pregnancy or maternity
- Health and safety activities
- Assertion of statutory rights
The tribunal focuses solely on the reason for dismissal.
How a Dismissal Case Progresses Through an Employment Tribunal
Step 1: ACAS Early Conciliation
Before lodging a claim, most individuals must notify ACAS and attempt Early Conciliation. This process aims to resolve disputes without formal litigation.
Step 2: Filing a claim (ET1 form)
If settlement is not reached, the claimant submits an ET1 claim form setting out:
- Details of employment
- Grounds of claim
- Facts supporting the dismissal dispute
- Compensation sought
Step 3: Employer response (ET3 form)
The employer submits an ET3 response, outlining:
- Defence to the claim
- Factual version of events
- Legal arguments
Step 4: Case management
The tribunal may issue directions regarding:
Step 5: Final hearing
At the hearing:
- Both sides present evidence
- Witnesses may be cross-examined
- Legal arguments are made
- A panel (or judge alone in some cases) makes a decision
Step 6: Judgment and remedies
If the claim succeeds, the tribunal may award:
- Compensation for financial loss
- Basic and compensatory awards (unfair dismissal cases)
- Injury to feelings (discrimination cases)
- Reinstatement or re-engagement (rare but available)
Time Limits for Bringing a Dismissal Claim
Strict time limits apply:
- Unfair dismissal and wrongful dismissal: generally 3 months minus one day from termination
- Discrimination claims: also typically 3 months minus one day from the discriminatory act
Time limits are paused during ACAS Early Conciliation.
Evidence in Employment Tribunal Dismissal Cases
Tribunals rely heavily on documentary and witness evidence. Common evidence includes:
- Employment contracts
- Disciplinary records
- Emails and internal communications
- Meeting notes and HR documents
- Performance reviews
- Witness statements from colleagues or managers
The burden of proof varies depending on the claim type, particularly in discrimination cases where shifting evidential burdens may apply.
Remedies Available in Dismissal Cases
Employment Tribunals can order several remedies depending on the claim:
Financial compensation
- Loss of earnings
- Future loss of income
- Statutory awards
- Injury to feelings (discrimination claims)
Non-financial remedies
- Reinstatement (return to job)
- Re-engagement (new role with employer)
In practice, compensation is the most common outcome.
Limits of the Employment Tribunal's Role
Employment Tribunals do not:
- Act as general courts of appeal for workplace decisions
- Reconstruct employment relationships
- Penalise employers beyond statutory limits (except in discrimination cases where compensation is uncapped)
Their role is to apply legal standards to the facts of the case.
Common Misunderstandings About Employment Tribunals
“The tribunal decides what is fair in a general sense”
Tribunals apply legal tests, not subjective fairness.
“You must have a solicitor”
Legal representation is not required, although parties may choose it.
“All dismissals are unfair if the employee disagrees”
The tribunal assesses reasonableness and legality, not personal disagreement.
Key Takeaways
An Employment Tribunal is the primary legal forum for resolving workplace dismissal disputes in England and Wales. It assesses whether a dismissal was lawful under statutes such as the Employment Rights Act 1996 and the Equality Act 2010. In dismissal cases, the tribunal examines fairness, contractual compliance, and potential discrimination, following procedures that typically begin with ACAS Early Conciliation. It can award compensation or, in limited cases, order reinstatement.
