Employment Tribunal Process Explained

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

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.

The 2027 cap change

Preparing your ET1 claim form

The ET1 is the document that starts your employment tribunal claim. It is submitted online at the gov.uk tribunal portal and, once submitted, sets out the case you must prove. Getting it right matters — while you can seek to amend your claim later, tribunals do not always allow amendments and late additions can undermine your credibility.

What your ET1 must include:

• Your personal details and your employer's details (name, address, Companies House number if known)
• Your ACAS early conciliation certificate number (mandatory — you cannot submit without it)
• The type of claim you are making (unfair dismissal, discrimination, wrongful dismissal, etc.)
• A clear, factual narrative of events in chronological order — what happened, when, and who was involved
• The remedy you are seeking (reinstatement, re-engagement, or compensation — in practice almost all claimants seek compensation)
• A schedule of loss setting out your financial claim in detail

Common mistakes to avoid:

• Being too vague — tribunals need specific dates, names, and events, not general descriptions of poor treatment
• Including irrelevant grievances that dilute the core claim and give the impression of a disgruntled employee rather than a genuine legal case
• Underestimating future loss — many claimants claim only for lost earnings to date and forget to include future loss of earnings in their schedule
• Missing the time limit — this is the most common and most serious mistake

For discrimination claims, the 3-month period runs from the last act of discrimination (or the last act in a continuing series). This gives slightly more flexibility, but do not rely on it — always aim to issue well within the time limit.

What happens at a tribunal hearing

Many people have never been to court of any kind, and the prospect of a tribunal hearing is daunting. In practice, employment tribunals are less formal than civil courts — but they are still a legal process with rules, and understanding what to expect helps you prepare effectively.

Who is present:

• An Employment Judge (legally qualified, chairs the panel)
• Two lay members — one appointed from an employer panel, one from an employee panel — who sit with the Judge in most final hearings
• You (the claimant) and your representative (solicitor or barrister, if you have one)
• The employer's representative (usually a solicitor or barrister)
• Witnesses for both sides
• A clerk or legal officer of the tribunal

How the day runs: Hearings typically begin with opening statements from each side. The claimant's case is heard first — you will be asked to confirm your witness statement as true, then you will be cross-examined by the employer's representative. The employer's witnesses then give evidence and are cross-examined by your representative. After all evidence is heard, both sides make closing submissions (oral or written). The tribunal then deliberates.

Giving evidence: Your witness statement is your evidence in chief — the tribunal will have read it in advance. You will be asked to confirm it is true and accurate. The most challenging part is cross-examination, where the employer's representative will probe inconsistencies, test your memory of events, and suggest alternative interpretations. Prepare thoroughly, re-read all documents in the bundle, and be honest — if you do not remember something, say so.

Judgment: Sometimes the tribunal gives its decision orally at the end of the hearing. More commonly, the judgment is reserved and issued in writing weeks or months later. If you win, a separate remedy hearing may be needed to determine the amount of compensation.

Costs and risks of tribunal

Employment tribunals operate on a "no costs" principle by default — each party bears their own legal costs. However, this does not mean tribunal is risk-free. Before committing to litigation, understand the full picture:

When costs can be awarded against you: A tribunal can award costs against a claimant (or respondent) who has acted vexatiously, abusively, disruptively, or unreasonably — including bringing a claim with no reasonable prospect of success. If your claim is weak and proceeds to a hearing despite legal advice to the contrary, you face a real costs risk. Costs orders in employment tribunals can run to tens of thousands of pounds.

The emotional toll: Employment tribunal proceedings typically last 18–24 months from claim to final hearing. Throughout this period you are in dispute with a former employer, revisiting a painful experience repeatedly, and preparing documents and witness statements in your own time. The psychological burden is significant and should not be underestimated.

Preparation time: Even with legal representation, you will need to spend many hours reviewing documents, drafting your witness statement, attending hearings, and potentially giving days of evidence. For people who have moved on to new jobs, this is a significant personal commitment.

Uncertainty: Even strong claims can fail. Tribunal decisions depend on which witnesses the panel finds credible, how documents are interpreted, and legal arguments that can go either way. No employment solicitor can guarantee a particular outcome.

Why many cases settle before hearing: The combination of cost, time, emotional burden, and uncertainty means that the overwhelming majority of employment tribunal claims settle before a final hearing — often very shortly before. ACAS statistics show that around 70–75% of claims are resolved before reaching a full merits hearing. Understanding this dynamic is useful: your leverage in settlement negotiations increases as the hearing date approaches and the employer faces escalating legal costs.