Employment Tribunal in the UK. What it does and how to bring a claim.

Most people never think about employment tribunals until they need one. Then it becomes complicated fast. An unfair dismissal case. Discrimination. Unpaid wages. Breach of contract. The tribunal is where these disputes get settled when the two sides can't agree, and the rules are different from the courts you might already know.

Here's what you need to understand.

The short version

An Employment Tribunal is a specialist court that hears disputes between workers and employers. It's part of the First-tier Tribunal system in the UK, separate from the civil and criminal courts.

If you're an employee or worker who thinks your employer has treated you unfairly or unlawfully, you can bring a claim. Common claims are unfair dismissal, discrimination (sex, race, age, disability, religion), equal pay, unpaid wages, redundancy pay, and breach of contract. The tribunal can award compensation, reinstatement, or re-engagement.

The process is free (tribunals don't charge fees). It's designed to be more accessible than ordinary courts. But it's not fast, and it's not simple. A claim can take 6 to 18 months from start to finish, depending on complexity and how busy the tribunal is.

Before you can file a claim, you have to go through ACAS early conciliation. That's a mandatory 6-week stage where an ACAS mediator tries to help you and your employer reach a settlement without going to a tribunal. If that fails, you can then file your claim form (called an ET1).

At a glance

What types of claims can the tribunal hear

The tribunal hears a wide range of employment disputes. The most common are:

Unfair dismissal. You were dismissed, and you believe the reason was unfair or the procedure was wrong. To claim, you need to be an employee (not a worker doing gig work) and have been employed for at least two years. If you were dismissed for certain reasons (like raising health and safety concerns, or exercising statutory rights), the two-year rule doesn't apply.

Discrimination. You were treated worse than others because of a protected characteristic: sex, race, age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion or belief, or sexual orientation. Discrimination can happen in hiring, pay, working conditions, or dismissal. The time limit is three months from the last act of discrimination.

Equal pay. You're being paid less than a colleague doing the same or equivalent work, and you believe it's because of your sex. A high bar legally, but if you have evidence, it can be very valuable.

Unpaid wages or holiday pay. Your employer hasn't paid you wages due, holiday pay, notice pay, or redundancy pay. Straightforward claims where the evidence is usually financial records.

Redundancy pay disputes. You were made redundant but weren't paid the statutory redundancy payment you were entitled to.

Breach of contract. Your employer breached a term of your contract in a way that causes you loss. The tribunal can award up to £25,000 for breach of contract claims.

Working time claims. You were not given the rest you're entitled to, or you were forced to work excessive hours, in breach of the Working Time Regulations 1998.

Public interest disclosure (whistleblowing). You disclosed wrongdoing to a prescribed person and suffered detriment as a result. This is protected by law.

Maternity, paternity, and adoption rights. You were dismissed or discriminated against because you were pregnant, on maternity leave, or exercising parental rights.

The tribunal has a limited jurisdiction. It can't hear claims about, for example, personal injury (even if it happened at work), professional negligence by a solicitor, or most contractual disputes that go beyond £25,000.

Who can claim

You can bring a claim if you are an employee or worker. These are legal terms with specific meanings.

An employee is someone with a contract of employment. You work for an employer, they have control over how you work, you work set hours, and you're entitled to statutory rights like sick pay, holiday pay, maternity leave, and protection from unfair dismissal. Most people are employees.

A worker is a broader category. You have a contract to provide services personally (you can't send someone else to do the work), and there's a mutuality of obligation (your employer agrees to provide work and pay you, you agree to do it). Workers are entitled to the National Minimum Wage, holiday pay, and protection from discrimination and working time violations. But workers are not entitled to statutory sick pay or protection from unfair dismissal (unless they've been employed for two years and meet other conditions).

Independent contractors and the genuinely self-employed cannot usually bring claims to the tribunal, because there is no employment relationship.

The tribunal will look at the substance of the relationship, not just what the contract calls you. If you're called a "contractor" but you work full-time for one person with set hours and they direct how you work, you're likely a worker or employee in law, and you can claim.

The mandatory ACAS early conciliation stage

Before you can file a claim at the tribunal, you must first notify ACAS (the Advisory, Conciliation and Arbitration Service) and go through early conciliation. This is a free, mandatory step. It exists to try to solve disputes without a tribunal hearing.

Here's how it works:

You contact ACAS and give them details of your workplace dispute (the employer, the issue, what happened, what outcome you want). ACAS assigns an independent mediator to your case. That mediator contacts both you and your employer and tries to help you reach a settlement.

The process normally takes up to six weeks. During this time, the tribunal clock is paused. You can't file a claim at the tribunal during early conciliation.

After six weeks, ACAS issues an Early Conciliation Certificate. This certificate is your proof that you've complied with the requirement, and it resets your three-month deadline. If you then file a tribunal claim, the deadline runs from the date the certificate was issued, not from the original incident.

If you settle during early conciliation, you're done. No tribunal claim needed. If you don't settle, you get the certificate and can proceed to file your ET1.

Filing your claim (the ET1 form)

The ET1 is a written form you submit to the tribunal. You can file online (the usual method) or by post. The form asks for:

• Your name, address, and contact details.
• Your employer's name and address.
• The date you started work.
• The date your employment ended (if applicable).
• The grounds of your claim (unfair dismissal, discrimination, etc.).
• A detailed narrative of what happened.
• What outcome you want (compensation, reinstatement, a declaration that you were treated wrongfully).

You must also include your ACAS Early Conciliation Certificate number, or the form will be rejected.

The form should be as clear and detailed as you can make it. The tribunal needs to understand your case from the narrative. Don't assume they know what happened; explain it plainly.

Once you file, you pay nothing. The tribunal will check the form is complete and issue it to your employer.

The employer's response (the ET3 form)

Your employer has 28 days from the date they're served with the ET1 to file an ET3 response. In the ET3, they set out their version of events and their defence to your claim.

If they don't file within 28 days, they lose their right to take part in the hearing. The tribunal will proceed without their evidence, which makes it much more likely you'll win. But an employer losing the right to respond is rare. Most employers file.

After the ET3 is filed, both sides submit written evidence (statements from witnesses, documents, emails, records) to the tribunal. This exchange is called "disclosure" and happens well before the hearing.

Preliminary hearings

Many cases have a preliminary hearing before the final hearing. This is a shorter, earlier hearing where the tribunal deals with procedural matters. For example:

• Whether your claim is in time (within the three-month limit).
• Eligibility (only employees and workers can bring most claims, not the genuinely self-employed).
• Whether the tribunal has jurisdiction (whether it's the right court to hear this type of claim).
• Strike-out applications (where one side argues the other's case is so weak it shouldn't proceed).
• Evidence disputes (which documents should be allowed, whether expert reports are needed).

The preliminary hearing helps narrow down what the final hearing will focus on. If a preliminary hearing results in the claim being struck out or dismissed, that's the end of the case, and there's no final hearing.

The final hearing (what to expect)

If your case reaches a final hearing, this is the trial. The tribunal will sit (usually three members: a judge, an employer representative, and a worker representative, though sometimes the judge sits alone for simple cases).

The structure is similar to a court trial:

The claimant (you, or your solicitor or representative) presents the case first. You or your witnesses give evidence. The employer's representative asks questions (cross-examination).

Then the employer presents their case. Their witnesses give evidence. You or your representative ask questions.

Both sides make closing arguments summarising the evidence and what it means for the law.

The tribunal then retires (goes away to decide). They write a judgment explaining what they found as facts, how the law applies, and whether you've won or lost.

Hearings typically take one to three days, depending on complexity. Some cases take a week or more.

Evidence and witnesses

The tribunal will accept evidence in several forms:

• Witness statements (written statements from you, your colleagues, managers, anyone who saw what happened). These are usually read aloud or taken as read.
• Live evidence (a witness appears and answers questions; the other side can cross-examine).
• Documents (emails, letters, contracts, payslips, policies, text messages, anything written).
• Expert evidence (in some cases, like disability discrimination, an expert report on medical evidence).
• Your own evidence (you can testify as a witness).

The tribunal will weigh the evidence. If two witnesses contradict each other, the tribunal decides who they believe. They can prefer a document to what someone said in the witness box (because documents don't lie; people sometimes do, or misremember).

Video evidence and audio recordings are increasingly common. An email thread from the day something happened is usually stronger than someone's memory months later.

Compensation and awards

If you win a claim for unfair dismissal or discrimination, the tribunal can award:

Basic award. For unfair dismissal, this is based on your age, length of service, and weekly pay. The formula is roughly half a week's pay per year of service for ages under 22, one week per year for ages 22-40, and one and a half weeks per year for ages over 40. Capped at 30 weeks. Weekly pay is capped at a statutory maximum (about £700 per week in 2026, rising each April).

Compensatory award. This covers your actual losses: lost wages from the date of dismissal to the tribunal hearing, lost benefits, injury to feelings (in discrimination cases), aggravated damages (if the employer behaved worse after the dismissal). This is not a standard amount; the tribunal calculates what you actually lost.

The compensatory award is capped. The statutory cap was roughly £105,707 in 2024 and rises each April. Some cases (like discrimination, sexual harassment, or unfair dismissal for raising health and safety concerns) have no cap on basic award or compensation.

For breach of contract claims, the award is limited to £25,000 and is purely financial (no compensation for injury to feelings).

There's no "damages" in the American sense. You're compensated for actual financial loss and, in some cases, distress, but not for punitive damages (fines to punish the employer beyond your loss).

Appeals

If you lose at the tribunal and believe the judge got the law wrong (not just the facts), you can appeal to the Employment Appeal Tribunal (EAT).

The EAT is a higher court. It reviews the tribunal's legal reasoning, not whether they believed witnesses or how they weighed evidence. An appeal on the facts alone usually fails.

If you win at the EAT, you've won the case fully. If you lose, you can appeal further to the Court of Appeal Civil Division, and ultimately to the Supreme Court. But appeals become increasingly rare the higher you go. Most cases end at the EAT.

Appeals must be filed within 42 days of the tribunal's decision and are complex. If you're considering an appeal, you should speak to a solicitor or barrister who specialises in employment law.

Day to day in a tribunal hearing

A typical hearing involves:

You (the claimant) arriving 15 minutes early. The tribunal room is usually a modest conference-room setup, not the formal courtroom you might imagine. A table for the tribunal members, tables for each side, seating for witnesses.

The judge opening the proceedings, checking both sides are ready, and often explaining the procedure to anyone representing themselves.

Your representative (or you, if you're representing yourself) opening, setting out your case in plain language. This takes 5 to 30 minutes depending on complexity.

You giving evidence. The judge may ask you questions. The employer's representative cross-examines. This can take several hours if your case is complex.

Your witnesses (if any) giving evidence. Same process.

Your representative closing, summarising the evidence.

The employer's opening and evidence.

The employer's closing.

The tribunal retiring (often for several hours or days) and then returning with a judgment.

The tribunal usually reserves judgment, meaning they go away to write it up and send it to you later (within a few weeks or months).

Throughout, the tribunal must follow rules of evidence and procedure, but it's less formal than a traditional court. There's no jury. The tone is professional but often less adversarial than civil litigation.

Common misconceptions

"You must have been employed for a long time to claim." Only for unfair dismissal (two years minimum). Discrimination claims have no minimum service period.

"The tribunal always sides with employees." The tribunal is neutral. If the employer's evidence is stronger and the law is on their side, they win.

"You can't represent yourself." You can. The tribunal is designed partly for litigants in person (people representing themselves). You're not required to have a solicitor or barrister.

"The tribunal is just for people suing their employer." Employers can also bring claims for breaches of contract by employees (though this is less common).

"Compensation is always huge." Most claims settle for £5,000 to £20,000. Only serious discrimination or high-earning dismissals result in six-figure awards.

"The process is quick." On average, claims take 12 to 18 months from ET1 filing to final hearing. Some take much longer if the tribunal is busy or there are preliminary issues to resolve.

Related concepts

Understanding these terms helps you work through the tribunal system:

• Claimant. The person bringing the claim (usually the worker or employee).
• Respondent. The person being claimed against (usually the employer).
• ACAS. The Advisory, Conciliation and Arbitration Service. Runs early conciliation and provides free advice to both sides.
• Disclosure. The exchange of documents between the two sides before the hearing.
• Witness statement. A written statement from a witness, usually read aloud at the hearing rather than the witness giving live evidence.
• Cross-examination. Questions asked by the other side's representative to challenge a witness's evidence.
• Judgment. The tribunal's written decision, setting out facts, law, and the outcome.
• Enforcement. Getting the tribunal's award paid. If an employer refuses, the claimant can ask the court to enforce the judgment.
• Litigant in person. Someone representing themselves without a lawyer.
• Employment Appeal Tribunal (EAT). The higher court that hears appeals on law from the tribunal.

Sources

The information on this page is based on:

• Employment Tribunals (UK Government). Official information and guidance on bringing claims. https://www.gov.uk/employment-tribunals
• ACAS. Advisory, Conciliation and Arbitration Service. Runs early conciliation and provides free advice. https://www.acas.org.uk/
• HM Courts and Tribunals Service. Court and tribunal administration. https://www.judiciary.uk/
• Employment Tribunals (HM Courts and Tribunals Service). Specific tribunal guidance. https://www.gov.uk/courts-tribunals/employment-tribunal
• Tribunals, Courts and Enforcement Act 2007. Legislation governing tribunal structure and powers.

This page was reviewed for accuracy on 2026-05-27. Employment law rules change occasionally, and tribunal procedure is updated by the judiciary. Check the ACAS and gov.uk websites for the most current information before you file a claim.

A note on what this page is and isn't

This is information about how UK employment tribunals work. It's not legal advice on your particular situation. If you have a specific employment dispute, you should speak to a solicitor or barrister about what you should do. ACAS also offers free confidential advice to employees and employers before you file a claim.

CaseCalm helps people understand UK legal procedures and prepare documents. We are not a law firm. When your situation needs personal legal advice, we point you to qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-27. Comments or corrections to peter@casecalm.com.