This guide is maintained as a current resource for July 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.
A comprehensive guide to employment tribunals in England and Wales, explaining what they are, how the tribunal process works, key types of claims, time limits, and practical steps for employees and employers dealing with workplace disputes.
An employment tribunal in England and Wales is a specialist legal body that resolves disputes between an employee (or worker) and their employer, or between a potential employee and a trade union or employer. It operates independently of government, applying employment law to decide whether an employer has acted unlawfully and, where appropriate, making legally binding orders such as compensation or reinstatement.
Employment tribunals are part of the broader tribunals system in the UK, which sits alongside the court system but focuses on specific areas of law, including tax, immigration, social security and, critically, employment disputes. Employment tribunals are less formal than courts, but they follow established legal procedures and require strict compliance with legal timelines and rules.
What Matters Can Be Decided by an Employment Tribunal
An employment tribunal can hear claims about alleged breaches of employment rights and statutory protections. Common types of claims include:
- Unfair dismissal – where an employer is alleged to have terminated employment without a fair reason or without following a fair procedure.
- Discrimination at work – where an employee alleges unfair treatment because of a protected characteristic such as age, disability, race or sex.
- Unauthorised deductions from pay – where an employer has taken or withheld pay without lawful justification.
- Breach of contract – where contractual terms, such as notice periods or working hours, are alleged to have been broken.
- Equal pay claims – where an employee asserts they are not being paid equally compared with others doing the same work.
Not all disputes qualify for tribunal consideration; some are resolved through other procedures such as the grievance process within the workplace or alternative dispute resolution. However, tribunals provide a statutory route to enforce legal rights when those informal or internal procedures have not resolved the issue.
Key Legal Concepts
Claimant and Respondent
- Claimant – the person bringing the claim; usually the employee or worker.
- Respondent – the employer or organisation the claim is against.
The tribunal process is adversarial: both sides present evidence and legal arguments, and the tribunal members assess the facts and apply the law to reach a decision.
Independent Tribunal Members
Tribunal panels are typically composed of a legally qualified judge and, in some cases, lay members with experience in employment relations. Their role is to ensure decisions reflect legal standards and the facts presented.
Starting a Claim: Notification and Time Limits
Before a claim can proceed to a tribunal, the claimant must notify the Advisory, Conciliation and Arbitration Service (Acas) that they are considering a claim. This begins the early conciliation process, where a conciliator contacts both parties to explore whether the dispute can be settled without litigation.
Time Limits for Tribunal Claims
Time limits are strict and governed by statute:
- Ordinary claims – typically must be notified to Acas within 3 months minus 1 day from the date the problem at work occurred (for example, the end of employment or the date of an unauthorised pay deduction).
- Some claims – such as statutory redundancy pay or equal pay claims, have a longer period of 6 months minus 1 day.
- Unfair dismissal interim relief – a very short deadline of 7 days applies for certain interim relief applications in cases of specific types of dismissal.
The time limit clock usually starts on the date the event happened (for example, dismissal or discrimination). Early conciliation pauses the clock until conciliation ends, effectively extending the window for filing a formal claim.
Missing a deadline can mean a claim is barred unless the tribunal decides it is just and equitable to allow a late claim, which is uncommon and assessed on case‑by‑case legal grounds.
The Tribunal Claim and Hearing Process
Submitting a Claim
Once early conciliation is concluded without settlement, Acas issues a certificate confirming this. The claimant must then submit a formal claim form (ET1) to the employment tribunal before the relevant deadline expires.
The tribunal serves the claim on the respondent, who then has an opportunity (usually 28 days) to respond with an ET3 form.
Case Management
Before the hearing, the tribunal manages the case. This includes:
- Setting a timetable for disclosure of documents.
- Exchanging witness statements.
- Holding preliminary hearings to determine legal issues such as jurisdiction, time limits or whether parts of the claim should be struck out.
The Hearing
At the hearing, both sides present their evidence and submissions. The claimant may present their own case or be represented by a solicitor, barrister or lay representative. Witnesses may be called. The tribunal members may ask questions to clarify issues.
Hearings may be held in person, by telephone or online, depending on circumstances and the tribunal's direction.
Decision and Remedies
After the hearing, the tribunal makes a legally binding decision. This may be delivered on the day or sent in writing later. Decisions are published on GOV.UK.
If a claimant succeeds, remedies can include:
- Compensation, such as for unfair dismissal or discrimination.
- Reinstatement or re‑engagement in limited circumstances.
- Orders for unpaid wages or other financial remedies.
The tribunal cannot award punitive damages but can make orders to restore rights or compensate losses within statutory limits.
Practical Considerations
Costs and Representation
Tribunals are generally low cost compared to courts because there are no court fees for claimants. Parties can represent themselves but may choose legal representation or advisory support for complex claims.
Timeframes
From claim submission to final hearing can take many months, often exceeding a year in practice due to case management requirements and tribunal backlogs. Claimants should prepare for extended timelines and plan accordingly.
Changes in Law
Reform is underway by way of the Employment Rights Bill and updated tribunal procedures. Changes include adjustments to time limits, qualifying periods for unfair dismissal and compensation frameworks. These reforms may affect future tribunal claims.
Key Takeaways
Employment tribunals are specialist legal forums that hear disputes about workplace rights in England and Wales. They are independent, statutory bodies that apply employment law to issues such as unfair dismissal, discrimination and pay disputes. Claimants must notify Acas and comply with strict time limits. The process involves case management, presentation of evidence at a hearing, and a legally enforceable decision with potential remedies such as compensation. Understanding the steps, time limits and legal frameworks involved helps claimants and respondents navigate the tribunal system effectively.
