Employment tribunals: What you need to know

by Amber Rolfe

Having a dispute at work that just won't go away? 

When every other route has hit a dead end, an employment tribunal might be your next step. But if you've never been through one, the whole process can feel pretty daunting. Luckily, it’s far less scary once you know how it works.

We've already covered why employment law exists, but here's what to do if you think it's not being followed. From early conciliation with Acas to what actually happens on the day, here's your complete guide to employment tribunals:

What is an employment tribunal?

An employment tribunal is an independent public body that resolves disputes between employees and employers. Think of it as a type of court that deals specifically with workplace issues.

You might hear it called a few different things, a work tribunal, a workplace tribunal, or an industrial tribunal. That last one is a bit of a throwback (it's what tribunals were called before 1998), but the term still pops up now and then. They all mean the same thing.

Tribunals handle a wide range of employment issues, including:

• Unfair dismissal: Where you believe you were sacked without a fair reason or process.
• Discrimination: Unfair treatment based on age, sex, race, religion, disability, and other protected characteristics.
• Wage and pay disputes: Unpaid wages, holiday pay, or other money you're owed.

While a tribunal isn't as formal as a traditional court, it still follows strict rules of procedure and acts completely independently.

What types of claims can be made?

Tribunals cover more ground than most people realise. Here are the most common types of claim:

Unfair dismissal

An unfair dismissal tribunal deals with cases where you think you've been let go without a fair reason, or your employer didn't follow a proper process. In most cases, you'll need at least two years' continuous service to claim, though there are exceptions (for example, dismissals linked to pregnancy, whistleblowing, or trade union activity need no minimum service).

Constructive dismissal

This is where your employer's behaviour forces you to resign. Maybe they've seriously breached your contract or made your working life unbearable. You'd argue you had no real choice but to leave.

Redundancy disputes

A redundancy tribunal can step in if you believe your redundancy wasn't genuine, the selection process was unfair, or you weren't paid what you're owed. Redundancy payment claims have their own complicated time limits, so it's worth getting advice quickly.

Discrimination

If you've been treated unfairly because of a protected characteristic, such as age, sex, race, disability, religion, gender reassignment, or sexual orientation, you can bring a discrimination claim. These can cover recruitment, promotion, training, and dismissal, and can even apply to events after you've left a job.

Wage and pay disputes

Not been paid what you're owed? Tribunals handle claims for unpaid wages, holiday pay, notice pay, bonuses, and commission.

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Before you make a claim: Early conciliation with Acas

Here's a step plenty of people miss, and it's the one that can trip up your whole claim.

Before you can make most tribunal claims, you must contact Acas (the Advisory, Conciliation and Arbitration Service) first. This kicks off something called 'early conciliation'.

Early conciliation gives both sides the chance to sort things out without going all the way to a tribunal. It's free, and an Acas conciliator acts as a neutral go-between to help you reach a settlement.

Here's how it works:

• Notify Acas: Fill in the early conciliation form on the Acas website, or call them on 0300 123 1100.
• Acas gets in touch: A conciliator will contact you to gather details and explore whether a settlement is possible.
• You get up to six weeks: Acas has a set period to try to negotiate an agreement between you and your employer.
• You receive a certificate: If conciliation doesn't work (or either side refuses), Acas issues a certificate with a unique reference number. You'll need this number to make your tribunal claim.

Without that certificate number, your claim won't be accepted, unless you qualify for one of a few rare exemptions. So treat this as a non-negotiable first step.

How to make an employment tribunal claim

Tried everything else and conciliation didn't work? Then it's time to make your claim.

Making a claim to the employment tribunal starts with the ET1 form, which you can complete online or by post through GOV.UK. Submitting online is the quickest route.

Your ET1 form needs to include:

• Your details: Name, address, and contact information.
• The respondent's details: The name and address of your employer (or whoever you're claiming against). Make sure this matches the name on your Acas certificate.
• Your Acas certificate number: The unique reference from early conciliation (or a valid reason you're exempt).
• Details of your claim: A clear account of what happened, ideally written in numbered paragraphs and in date order.

Watch the time limits

You usually have three months minus one day from the date of the incident (or the date your employment ended) to start your claim.

For example, if the event happened on 1 March, the tribunal must receive your claim on or before 31 May.

Contacting Acas 'stops the clock' on this deadline while conciliation happens, which buys you a little breathing room. But miss the limit and your claim could be time-barred, meaning it won't be heard at all. A judge can sometimes allow a late claim, but don't count on it.

One last thing: tribunal claims are taken very seriously by employers. Always talk to a representative or adviser before you submit, just so you're clear on your case and your chances.

What do I need to do before the hearing?

Before the main event, there's usually a preliminary hearing. This sets out when you'll be expected to attend the full hearing and how long it's likely to last.

It's also a chance for both sides to discuss a possible settlement. If you reach an agreement here, the tribunal won't go ahead.

If it does go ahead, you'll need to prepare:

• Relevant paperwork: Your employment contract, payslips, pension details, and any notes from meetings.
• Witness details and statements: Anyone who can back up your version of events.
• Notes for your case: A clear summary to help you present your argument confidently.

Get organised early. A well-prepared bundle of documents makes the whole day run far more smoothly.

What happens at an employment tribunal?

Wondering what happens at an employment tribunal on the day itself? Tribunals are usually held in a large room in an office building rather than a dramatic, wood-panelled courtroom. 

Here's a step-by-step of what to expect.

When you arrive

You'll be asked to sign in and wait in the claimant's waiting room. You'll then hand over any documents you've brought. Aim to arrive at least half an hour early to give yourself time for all of this (and to settle your nerves with a coffee).

In the tribunal room

There'll usually be a panel of three people, or a single employment judge, seated at a slightly raised desk. You'll sit in front of them, with witnesses and any members of the public towards the back.

During the hearing

The panel will introduce themselves, and the judge decides which side goes first. Each party reads out their witness statements and is then cross-examined by the other side (or their representative). Stay calm, stick to the facts, and answer clearly.

Closing submissions

Once all the evidence has been heard, you may be asked to make a closing submission. This is your chance to sum up your claim and remind the panel of the key evidence and arguments.

The decision

The panel will then make a decision, either on the day or later in writing. If it's the same day, they'll step out to discuss it before returning with their verdict.

What should I wear to an employment tribunal?

A tribunal isn't quite as formal as a courtroom, but first impressions still count. Dress as smartly as you can, think job-interview smart. A suit or smart-casual outfit works well. When in doubt, it's better to be slightly overdressed than too casual.

Will there be any costs?

Since a 2017 Supreme Court ruling scrapped tribunal fees, there are no upfront costs to make a claim. You won't pay a penny just to have your case heard.

That said, there are a couple of things to keep in mind when it comes to employment tribunal costs:

• Cost orders are possible: The tribunal can order you to pay costs if it decides you (or your representative) behaved unreasonably, disruptively, or brought a claim with no real merit.
• Legal advice may cost money: While the claim itself is free, hiring a solicitor or specialist for employment tribunal legal advice usually isn't. Weigh up the potential cost against the strength of your case.
• Breach of contract has a cap: Tribunals can only award up to £25,000 for breach of contract claims. Anything higher would need to go through the courts.

Can I bring anyone with me?

Yes, and you probably should.

If you have a representative, they'll usually prepare your case in advance and attend the hearing with you. Just remember, you'll still need to speak when giving your own evidence, so you can't hide behind them entirely.

You can also bring friends or family for moral support. They'll need to stay quiet and sit in the designated area at the back of the room, but having a familiar face there can make a real difference.

What happens after the employment tribunal?

What happens next depends on the decision the judge makes.

If you win

The judge will decide the award (often called the 'remedy'). Depending on your claim, this could be:

• Financial compensation: Your employer pays you a set sum by a given date. For unfair dismissal, this is usually a 'basic' award plus a 'compensatory' award.
• Reinstatement or re-engagement: In unfair dismissal cases, the tribunal can order your employer to give you your old job back, or a comparable one.
• A declaration or recommendation: In discrimination cases, the tribunal may declare your rights were violated, or recommend steps to stop it happening again.

Bear in mind your employer can apply to appeal the decision, which may extend things.

If you lose

You may be able to request a review or appeal, but usually only if there was a genuine legal problem with how your case was handled (not simply because you disagree with the outcome).

The employment appeal tribunal

Appeals on points of law go to the employment appeal tribunal, a higher court. This is likely to lengthen your case, so it's worth getting solid advice on whether it's the right move. If you have a representative, they'll guide you. If not, it's wise to consult a solicitor.

Where to get employment tribunal advice

You don't have to go through this alone. If you need employment tribunal help or advice, these services are a great place to start:

• Acas: Free, impartial advice on tribunals and early conciliation. Call the helpline on 0300 123 1100.
• Citizens Advice: Practical guidance on your rights and the claims process.
• GOV.UK: Official information on making a claim, forms, and time limits.
• Trade unions: If you're a member, your union may offer free legal support and representation.
• Solicitors: For specialist employment tribunal legal advice, especially for complex cases.

Whether you're weighing up taking your employer to tribunal or you've already started, getting advice early can make all the difference to your confidence and your case.

Frequently asked questions

How long does an employment tribunal take?

It varies widely. Simple cases may be resolved in a few months, while complex claims with multiple issues can take a year or longer. The timeline depends on what your claim involves and how busy your local tribunal is.

How much does it cost to take an employer to tribunal?

Nothing upfront. Tribunal fees were scrapped after a 2017 Supreme Court ruling, so making a claim is free. You may pay for legal advice, and in rare cases the tribunal can order costs if you've behaved unreasonably.

Can I represent myself at an employment tribunal?

Yes, you can. Many people represent themselves without a solicitor. Acas, Citizens Advice, and trade unions can offer support and guidance to help you prepare and feel confident on the day.

What's the difference between an employment tribunal and the employment appeal tribunal?

One hears the original case, the other hears appeals. An employment tribunal decides your claim first. The employment appeal tribunal is a higher court that only reviews decisions where there was a legal error, not simply because you disagree with the result.

What happens if I win my employment tribunal case?

You'll usually receive compensation, which your employer must pay by a set date. In unfair dismissal cases, the tribunal can also order reinstatement or re-engagement. In discrimination cases, you may get a declaration or a recommendation alongside any payout.

Can I be sacked for taking my employer to tribunal?

No, that would be unlawful. Treating you badly or dismissing you for bringing a claim counts as victimisation, which is itself against the law. If this happens, you may have grounds for a further claim.

Is an industrial tribunal the same as an employment tribunal?

Yes, just an older name. 'Industrial tribunal' was the term used before 1998. Today they're officially called employment tribunals, though you might still hear the old phrase used now and then.

This information is provided for guidance purposes only. For more details on employment tribunals, visit the GOV.UK website.

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