What is an employment tribunal?

Tribunals hear claims such as unfair dismissal (including constructive dismissal), discrimination and harassment under the Equality Act 2010, unpaid wages, holiday pay, redundancy pay and whistleblowing. A case is usually heard by an employment judge, sometimes sitting with two lay members who bring experience from both sides of the workplace.

Before you can make most tribunal claims, you must tell Acas. This is called early conciliation. It is free, and a conciliator will try to help you and your employer reach an agreement without a hearing.

1. Notify Acas online or by phone with your details and your employer's details.
2. A conciliator contacts you to talk through the dispute and what you want.
3. With your agreement, they contact your employer to explore a settlement.
4. If you settle, the agreement is recorded and is legally binding.
5. If you do not, Acas issues an early conciliation certificate with a reference number you need for your claim.

Early conciliation pauses the time limit while it runs, so you usually get extra time to make your claim afterwards. You do not have to accept any offer.

Most claims must be started within 3 months less one day of the act you are complaining about, or of your employment ending. Redundancy pay and equal pay claims have a 6 month limit. Tribunals can extend time only in limited cases, so never rely on it.

1. 1

   Form ET1

   You make your claim on form ET1, usually online through GOV.UK, quoting your Acas certificate number.

2. 2

   Your employer responds

   Your employer has 28 days to reply on form ET3, setting out their side.

3. 3

   Case management

   The tribunal sets a timetable, sometimes at a preliminary hearing, for sharing documents and witness statements.

4. 4

   The final hearing

   Both sides give evidence and the judge decides the case.

• You arrive early, often at a tribunal building, though some hearings are held by video
• Each side has a bundle of agreed documents and written witness statements
• Witnesses give evidence on oath and are questioned by the other side and the judge
• Each side makes closing points explaining why they should win
• The judge may give a decision on the day or send a written judgment later
• If you win, the tribunal decides compensation or another remedy, sometimes at a separate hearing

1. Cost

   There is no fee to bring a claim. Your main cost is legal help if you use it. Some people have help through a union, home insurance or a no win, no fee arrangement.

2. Paying the other side

   Unlike other courts, each side usually pays its own costs. Costs orders are made only in limited cases, such as unreasonable behaviour.

3. How long it takes

   Simple claims can take a few months. Longer cases, especially discrimination, often take a year or more to reach a final hearing.

4. Is it public?

   Most hearings are open to the public, and judgments are published on GOV.UK. Tribunals can protect privacy in some cases, for example in sexual misconduct allegations.

Tribunals are independent and are not on either side. The real imbalance is usually resources: employers often have lawyers and HR teams, while many claimants represent themselves. Judges are used to this and will explain the process, but they cannot argue your case for you.

What makes the biggest difference is evidence. Claimants who can show a clear, dated record of what happened, and that they raised concerns properly, are in a much stronger position.