Before starting a tribunal claim

Attempting early conciliation with Acas

Before submitting a tribunal claim, you must usually contact ACAS (Advisory, Conciliation and Arbitration Service) to initiate Early Conciliation. This is a mandatory step designed to give both parties the opportunity to resolve the dispute informally.

What happens if conciliation fails?

If Early Conciliation does not result in settlement, ACAS will issue a certificate allowing the employee to proceed to tribunal. This certificate includes a number that must be included on the tribunal claim form.

Do you need legal representation?

Legal representation is not required to bring a tribunal claim, but many claimants seek advice from employment solicitors. Legal advice can be especially helpful in identifying the appropriate legal basis for the claim, presenting evidence, and preparing for hearings.

Submitting your employment tribunal claim

Completing the ET1 claim form

The ET1 form is the document used to start a tribunal claim. It can be completed online or submitted in paper form. It requires details of the claimant, the employer, and a clear explanation of the claim.

The ET1 form can be found on the Government’s website.

Read more on submitting an ET1 claim form

Information you’ll need to include

The claimant must set out the legal basis of the claim (e.g., unfair dismissal or discrimination) and explain the background events. It’s important to be specific, concise and factually accurate.

What happens after you submit the form

Once submitted, the tribunal will review the ET1 to ensure it meets the requirements. If accepted, the form is sent to the employer, who is asked to respond by a specific deadline.

The employer’s response

The ET3 response form

The employer must complete an ET3 form to respond to the claim. This sets out their version of events and legal arguments. It must be submitted within 28 days of receiving the ET1.

Read more about ET3 forms here

Timeframe for the employer to respond

If the employer misses the 28-day deadline without a good reason, they may be barred from participating in the proceedings. In such cases, the tribunal may issue a default judgment.

What happens if the employer does not respond

If no ET3 is filed, the tribunal may issue a judgment in the employee’s favour without a hearing, or hold a hearing to assess the appropriate remedy (known as a remedy hearing).

Case management and preliminary hearings

Directions issued by the tribunal

Once both parties have submitted their forms, the tribunal may issue case management directions, which outline the steps required to prepare the case for hearing. These may include deadlines for witness statements and document disclosure.

Preliminary hearings – what to expect

Preliminary hearings may be scheduled to deal with legal issues (e.g., whether the claim is in time) or to set the timetable for proceedings. These can take place by telephone, video, or in person.

There are two different types of preliminary hearing: case management preliminary hearings and substantive preliminary hearings. They deal with different types of issues that the Employment Tribunal must deal with.

Disclosure and preparation of documents

Both parties must exchange relevant documents, including emails, contracts, policies, and meeting notes. The claimant may need to compile a bundle of documents with the employer, and prepare a witness statement setting out their evidence.

Settlement discussions and alternative resolution

Can you still settle after submitting a claim?

Yes, claims can be settled at any time before or during the tribunal process. Settlement discussions may take place directly, via ACAS, or through solicitors.

Judicial mediation and its role

In some cases, the tribunal may offer judicial mediation, where an employment judge helps the parties explore settlement. This is voluntary and typically reserved for more complex or high-value claims.

Settlement agreements during the tribunal process

If a settlement is reached, it is usually documented in a settlement agreement or an ACAS COT3 form. Once signed, this ends the legal claim and prevents further proceedings about the same issue.

Preparing for the final hearing

Witness statements and evidence bundles

The claimant must submit a witness statement, which is their main evidence. This should be supported by documents in the bundle. The employer will do the same.

Agreeing a list of issues and chronology

The parties are often asked to agree a list of issues (legal questions the tribunal must decide) and a chronology of events. These help focus the tribunal’s attention and manage time effectively.

Tribunal hearing logistics and practicalities

Employment Tribunal final hearings (also known as “final merit hearings”) can take one day or several weeks depending on complexity. The tribunal will confirm the format (in person or remote) and location. Dress is usually smart but not formal.

The final hearing

Who will hear your case?

Most cases are heard by an Employment Judge sitting alone, or by a panel of three including two lay members. Discrimination and whistleblowing cases are usually heard by a full panel.

How evidence is presented

The claimant will usually present their case first, followed by the employer (but this will depend on the type of case, the complexity of the case, and how the Tribunal wishes to handle the hearing).

Witnesses are cross-examined by the other side, and the Employment Tribunal judge or panel will almost always have questions for the witnesses.

After closing submissions, the tribunal will consider its decision and issue a judgment.

The tribunal’s decision and judgment

A decision may be given on the day or in writing later. The tribunal will explain whether the claim has succeeded and, if so, what compensation or remedy is awarded; it may often schedule a remedy hearing to deal with remedy/compensation in a separate hearing.

After the hearing

When and how you receive the judgment

The written judgment is sent to both parties. It sets out the tribunal’s reasoning and, where appropriate, the amount of compensation awarded.

Costs and expenses – what you need to know

Each side usually pays its own legal costs in the Employment Tribunal, unlike the civil courts (where, generally, the costs of the case are paid by the party that has lost the case).

Costs orders are rare in the Employment Tribunal, but may be made if a party has acted unreasonably or brought a weak claim or defence (among other reasons).

Appealing a tribunal decision

Either side may appeal to the Employment Appeal Tribunal (EAT), but only on a point of law. Appeals must be submitted within 42 days of the written reasons being sent.

Legal support throughout the process

When to seek advice from an employment solicitor

You may seek legal advice from an employment solicitor at any point through your Employment Tribunal, whether it is prior to you bringing your claim or during the process of the claim.

Legal advice is particularly important for complex claims, such as discrimination or whistleblowing, or where you are unfamiliar with legal procedures. A solicitor can assist with drafting documents, settlement negotiations, and representation at hearings.

Funding your claim – legal expenses and support options

Legal fees can be funded in various ways, including legal expenses insurance, union support, or no win, no fee arrangements. Some claimants also represent themselves with guidance from legal clinics or advice centres.

Read more about the options for funding your claim here.