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 the types of cases employment tribunals in England and Wales hear, including unfair and wrongful dismissal, discrimination, pay and working time disputes, whistleblowing, contractual breaches and other statutory employment rights.
An employment tribunal in England and Wales is a specialist legal body that hears disputes arising out of the employment relationship and workplace rights. Tribunals apply statutory employment law and contractual principles to decide whether an employer, potential employer, trade union, or individual has breached legal rights. This article explains the main categories of cases tribunals hear, how they arise, and what issues they address. It draws on official sources and legal practice to provide clear, accurate information for employees, employers, students, and solicitors.
Overview of Jurisdiction
Employment tribunals have jurisdiction to decide claims under a wide range of legislation, most notably:
- Employment Rights Act 1996 – key provisions on dismissal, redundancy, wages, whistleblowing and statutory rights.
- Equality Act 2010 – protections against discrimination and harassment on the basis of protected characteristics.
- National Minimum Wage Act and Working Time Regulations – rights relating to pay and working hours.
Tribunals focus on statutory rights that arise from the employment relationship. They do not hear every type of workplace dispute: they generally cannot decide claims of defamation (libel or slander), personal injury, or breaches of general civil law such as data protection or accidents at work unless those claims intersect with an employment right.
Unfair and Wrongful Dismissal
Unfair Dismissal
Unfair dismissal is one of the most commonly heard cases in employment tribunals. It arises when an employee believes they have been dismissed without a fair reason or without the employer following a fair procedure. Common grounds include dismissal due to redundancy without proper selection criteria, disciplinary dismissals without procedural fairness, and automatic unfair dismissal related to protected activities such as trade union duties or whistleblowing disclosures.
Constructive Dismissal
Constructive dismissal occurs when an employee resigns because the employer's conduct fundamentally breaches the employment contract, effectively forcing the employee to leave. Examples include significant changes to duties, pay, or working conditions without proper consultation or agreement.
Wrongful Dismissal
Wrongful dismissal is a breach of the employee's contract of employment, typically involving failure to give proper notice or pay in lieu of notice. Although wrongful dismissal is a contractual claim, it is frequently heard by tribunals alongside statutory claims.
Discrimination and Harassment
Tribunals hear claims that an employee or worker has been treated unlawfully because of a protected characteristic under the Equality Act 2010, including:
- Age
- Disability
- Gender reassignment
- Race
- Religion or belief
- Sex
- Sexual orientation
- Pregnancy and maternity
- Marriage and civil partnership (in some contexts).
Claims may be for direct discrimination, indirect discrimination, harassment or victimisation. These can arise during recruitment, terms and conditions, promotion, training, or dismissal. Remedies can include compensation for financial loss and injury to feelings.
Pay, Working Time and Contractual Rights
Tribunals hear a variety of claims about statutory pay and contractual obligations, including:
- Unauthorised deductions from wages – where an employer has withheld pay without lawful justification.
- Failure to pay the National Minimum Wage – claims that pay falls below statutory minimum levels.
- Holiday pay disputes – entitlement to paid annual leave and correct calculation of holiday pay.
- Working time breaches – disputes under working time rules, including rest breaks and maximum weekly working hours.
- Redundancy pay and consultation rights – entitlement to statutory redundancy payments and proper consultation where redundancies occur.
Tribunals can also hear claims for breaches of terms implied by statute or contract, such as the right to a written statement of terms, pay during notice periods, and other express contractual rights.
Whistleblowing and Detriment Claims
Tribunals hear whistleblowing claims where a worker alleges detriment or dismissal for making a protected disclosure about wrongdoing in the workplace, such as health and safety breaches, criminal conduct, or environmental harm. These are brought under sections of the Employment Rights Act 1996 and can result in compensation if successful.
Detriment claims can also arise from activities such as trade union membership or representation, where an employer has treated a worker unfairly because they exercised a statutory right.
Agency Worker and Worker Rights
Tribunals may hear claims under regulations giving agency workers and other categories of workers statutory entitlements, such as equal treatment rights during assignments, entitlement to basic pay and access to collective facilities.
Other Claims and Remedies
Other types of claims that tribunals regularly hear include:
- Failure to consult on transfer of undertakings (TUPE) – claims arising from disputes when a business is transferred and employee rights are affected.
- Statutory family rights – disputes over maternity, paternity, adoption and shared parental leave and pay.
- National minimum wage underpayments and holiday disputes.
The tribunal system allows multiple claims to be included in a single claim form (ET1) where they arise from the same set of facts. Claimants often combine unfair dismissal with discrimination, whistleblowing detriment, unpaid wages and other breaches of statutory rights.
Claims Tribunals Cannot Hear
Certain disputes are outside tribunal jurisdiction. These include:
- Personal injury claims arising solely from workplace accidents or negligence.
- Claims for defamation (libel or slander).
- General civil claims under the Data Protection Act or other non‑employment statutory frameworks.
In such cases, claimants must seek remedies through the civil court system or other specialist tribunals.
Time Limits and Practical Context
Most employment tribunal claims must be brought within three months less one day from the date of the relevant event, such as dismissal or discrimination, after first notifying Acas for early conciliation. Some specific claims, such as redundancy payments or equal pay, may have different time limits. Missing deadlines can result in claims being rejected unless there is a strong justification.
Tribunals are intended to be less formal than courts, yet they require careful preparation, evidence and an understanding of applicable law. Representation by a solicitor, barrister or adviser is common in complex cases.
Key Takeaways
Employment tribunals hear a wide range of workplace disputes in England and Wales. Core categories include unfair and wrongful dismissal, discrimination and harassment, pay and working time disputes, whistleblowing and detriment claims, and breaches of statutory and contractual rights. Tribunals operate within statutory time limits and procedural rules, and they provide remedies such as compensation and orders to enforce rights. Understanding the types of cases tribunals hear helps employees and employers identify when legal protection applies and what steps can be taken within the legal framework.
