Time limits are strict. Most employment tribunal claims must be started within 3 months minus 1 day of the act complained of (e.g. the date of dismissal). ACAS early conciliation must be completed before you can issue a claim — but starting ACAS stops the clock. Act quickly.
Step 1: ACAS early conciliation (mandatory)
Before you can submit an employment tribunal claim, you must first contact ACAS (the Advisory, Conciliation and Arbitration Service) and go through their early conciliation process. This is mandatory — you cannot skip it.
Early conciliation is free and confidential. An ACAS conciliator will contact your employer to see if a settlement (recorded in a COT3 agreement) can be reached without going to tribunal. You are not obliged to settle — if conciliation fails or you choose not to engage with it, ACAS will issue you with a certificate that allows you to proceed to tribunal.
Critically, contacting ACAS pauses the tribunal time limit for the duration of the conciliation period — so starting early conciliation even close to the deadline can preserve your claim.
Step 2: Submitting your ET1 claim form
Once you have an ACAS certificate, you submit your claim to the employment tribunal using an ET1 form (available online at gov.uk). The ET1 sets out your personal details, your employer's details, the type of claim you are making, and a summary of the facts.
There is no fee to submit an employment tribunal claim — fees were abolished by the Supreme Court in 2017 in the Unison case.
Step 3: Employer's response (ET3)
The tribunal sends the ET1 to your employer, who must respond within 28 days using an ET3 form. The ET3 sets out the employer's response to your claim — whether they accept or deny the facts, and their legal defence.
Step 4: Case management
After both ET1 and ET3 are filed, the tribunal may hold a preliminary case management hearing (by telephone or video) to discuss the issues, set a timetable, and give directions. Directions typically include:
- Exchange of witness statements
- Disclosure of documents (a "bundle")
- Schedules of loss (setting out your financial claim in detail)
- Whether any preliminary issues need to be decided (e.g. whether you qualify to bring the claim)
Step 5: Conciliation continues
ACAS remains available throughout the process and many cases settle at this stage — sometimes just before the hearing. Both parties' solicitors can also negotiate directly. It is entirely normal for settlement discussions to continue even once tribunal proceedings have been issued.
Step 6: The final hearing
If no settlement is reached, the case proceeds to a final hearing. Most employment tribunal cases are heard by a panel of three: an Employment Judge (legally qualified) and two lay members (one with an employer background, one with an employee background).
The hearing typically lasts 1–5 days depending on complexity. Witnesses give evidence and are cross-examined. Closing submissions are made (written or oral). The tribunal then deliberates and issues its judgment — sometimes on the day, often weeks later in writing.
Timelines
| Stage | Typical timeframe |
|---|---|
| ACAS early conciliation | Up to 6 weeks |
| ET1 to ET3 | 28 days for employer response |
| Case management hearing | 2–4 months after ET3 |
| Final hearing listed | 12–24 months after ET1 (varies by region) |
| Judgment issued | Same day to 3 months after hearing |
Employment tribunal backlogs have grown significantly since 2020. Many cases are now waiting 18–24 months for a final hearing. This is a significant factor in settlement negotiations — employers often prefer a known settlement today to an uncertain judgment in two years' time.
Costs at tribunal
Employment tribunals operate on a "no costs" rule by default — meaning each party bears their own legal costs regardless of outcome. However, costs can be awarded against a party that has behaved unreasonably (e.g. brought a vexatious claim, or an employer who ignored clear evidence and refused to settle). This rule makes tribunal claims accessible but also means winning a claim does not guarantee recovering your legal costs.