An Employment Tribunal is a specialist judicial body that hears disputes between workers and employers, including unfair dismissal, discrimination, breach of contract, unpaid wages and other statutory rights under the Employment Rights Act 1996 and Equality Act 2010.
Success hinges on following strict procedural rules – from the ACAS early conciliation requirement to filing the ET1 claim form within the statutory time limit. This guide walks you through every step, the evidence you’ll need, and common pitfalls to avoid.
Quick Answer: You file an Employment Tribunal claim by completing the ET1 claim form and submitting it to the tribunal within the statutory deadline, usually three months less one day from the grievance. Before filing you must first use ACAS early conciliation, unless an exemption applies.
Key Takeaways
- File the ET1 form within the legal time limit (typically 3 months less 1 day).
- Complete ACAS early conciliation before submitting a claim, unless exempt.
- Provide detailed facts, dates, and supporting documents to strengthen your case.
- Understand the possible remedies: compensation, reinstatement, or re-engagement.
- Avoid common errors such as missing deadlines, incomplete forms, or failing to disclose relevant evidence.
What is an Employment Tribunal and what types of claims does it handle?
Quick Answer: An Employment Tribunal is a specialist judicial body that resolves disputes between workers and employers, hearing claims such as unfair dismissal, discrimination, wage arrears and redundancy.
Established under the Employment Tribunals Act 1996, the Tribunal has jurisdiction over matters arising from the Employment Rights Act 1996, Equality Act 2010, Trade Union and Labour Relations (Consolidation) Act 1992 and related statutes. It can hear claims for unfair dismissal, constructive dismissal, breach of contract, unlawful deductions, whistle‑blowing, equal pay, disability, race, gender and other protected‑characteristic discrimination, and statutory right infringements (e.g., failure to provide written terms).
Who can bring a claim to an Employment Tribunal in the UK?
Quick Answer: Any individual who is (or was) an employee, worker or agency worker with a qualifying contract can lodge a claim, as can trade unions on behalf of members.
The Employment Rights Act 1996 defines “employee” as a person with a contract of service and “worker” as anyone performing work personally under a contract that is not necessarily a contract of service. Agency workers are covered under the Agency Workers Regulations 2010. Trade unions may act as claimants where the dispute concerns a collective issue or where the union has been authorised by the member under the Trade Union and Labour Relations (Consolidation) Act 1992.
What are the qualifying employment length and employee status requirements for tribunal claims?
Quick Answer: Most claims require at least two years of continuous service as an employee, though discrimination, whistle‑blowing and certain statutory right claims have no service test.
Under s.108 of the Employment Rights Act 1996, the two‑year qualifying period applies to unfair dismissal, redundancy and some contractual claims. The Equality Act 2010, Public Interest Disclosure Act 1998 and the National Minimum Wage Act 1998 impose no minimum service. Agency workers acquire “worker” status after a 12‑week qualifying period for equal treatment claims. Continuous service includes periods of lay‑off, temporary suspension and certain breaks, but must be unbroken by resignation.
What information must be included in the ET1 claim form?
Quick Answer: The ET1 must set out the claimant’s details, the respondent’s identity, the nature of the claim, the facts relied upon and the remedy sought.
Specifically, the form requires: claimant name, address and National Insurance number; respondent’s name and address; the type of claim (e.g., unfair dismissal, discrimination); dates of employment and termination; a concise statement of facts; the legal basis (relevant statutory provisions); any ACAS conciliation reference; and the compensation or remedy claimed (e.g., reinstatement, loss of earnings). Supporting documents such as contracts, payslips or correspondence should be attached. Accuracy is essential; errors may lead to a strike‑out under CPR Part 3.
Do you need to attempt ACAS early conciliation before filing a tribunal claim?
Quick Answer: Yes, except where the claim is for unlawful deduction of wages, breach of contract or where the claimant is a trade union exercising its statutory right.
Section 4 of the Employment Tribunals Act 1996 obliges claimants to notify ACAS and engage in Early Conciliation (EC) before submitting an ET1, unless the claim falls within the statutory exemptions (e.g., breach of contract, statutory right claims not covered by ACAS). ACAS provides a 30‑day EC period, extendable by 14 days. A “no‑conciliation” certificate must be attached to the ET1; failure to do so results in the claim being rejected.
What are the key deadlines for submitting an ET1 after an employment dispute?
Quick Answer: An ET1 must be filed within three months less one day of the effective date of the grievance, with limited extensions for certain circumstances.
The three‑month limitation (s.111(1) ERA 1996) applies to unfair dismissal, redundancy, breach of contract and most other claims. For discrimination claims under the Equality Act 2010, the same three‑month period applies, but the Equality Act 2010 (Time Limits) Regulations 2010 allow a discretionary extension up to six months where the claimant can show “good reason”. Extensions are rarely granted for failure to act promptly. The deadline is strict; late claims are usually struck out unless the tribunal exercises its inherent jurisdiction to admit them.
How do you submit an ET1 claim online versus by post?
Quick Answer: Online submissions are made via the HM Courts & Tribunals Service portal, while postal filings require a completed paper form sent to the appropriate regional tribunal office.
To file online, register on the “Employment Tribunal” service, complete the digital ET1, upload supporting documents and pay any fee (currently £0 for most claimants). The system generates an EC reference number automatically. For postal filing, obtain a paper ET1 from the tribunal office or download it, fill it in, attach copies of evidence, and send it with the ACAS “no‑conciliation” certificate to the regional office listed on the tribunal’s website. Postage must be prepaid and the claim must arrive before the deadline.
How to file a tribunal claim for unfair dismissal due to pregnancy or maternity?
Quick Answer: File an ET1 alleging unfair dismissal and discrimination under the Equality Act 2010, specifying that the dismissal was linked to pregnancy or maternity leave.
The claimant must allege both a prima facie unfair dismissal (ERA 1996 s.94) and a protected characteristic discrimination (Equality Act 2010 s.19). The ET1 should detail the pregnancy, the date of notification to the employer, the maternity leave start, and the dismissal date, linking the two. Evidence may include medical certificates, maternity leave letters and any adverse communications. The claim must be submitted within three months less one day of dismissal, and ACAS conciliation is required unless exempt.
What is the process for a discrimination claim under the Equality Act 2010?
Quick Answer: The process involves early conciliation with ACAS, filing an ET1 stating the protected characteristic and discriminatory act, and then a tribunal hearing where the burden shifts to the employer to justify the treatment.
After ACAS EC, the claimant completes an ET1, citing the specific protected characteristic (e.g., sex, disability) and the type of discrimination (direct, indirect, harassment, victimisation). The tribunal first decides jurisdiction and whether the claim is prima facie. If so, the burden of proof shifts to the employer to show a legitimate aim and proportionate means (s.13 Equality Act). The tribunal may award compensation for injury to feelings (using the Vento bands) and pecuniary loss. Appeals are limited to points of law.
Can a whistleblower file a tribunal claim and what extra steps are required?
Quick Answer: Yes, a whistleblower can bring an Employment Tribunal claim for unfair dismissal or discrimination, but must first raise a grievance under the Public Interest Disclosure Act 1998 (PIDA) and give the employer a chance to remedy the issue.
Under PIDA (s 47‑49), a protected disclosure must be made to a prescribed person (e.g., line manager, regulator) and the employee must suffer a detriment because of it. The claimant must show the disclosure was in the public interest and that the employer’s response was unreasonable. The tribunal will consider whether the employer followed the statutory “whistleblowing procedure” before assessing the claim.
How to claim for unpaid wages or holiday pay through the tribunal?
Quick Answer: Submit an ET1 form within three months of the date the wages or holiday pay fell due, specifying the amount and the contractual basis for the claim.
Unpaid wages and holiday pay are “money claims” under the Employment Rights Act 1996 ss 13‑14 and the Working Time Regulations 1998. The claimant must attach payslips, contracts, and any written requests for payment. The tribunal may order a “money judgment” for the exact sum owed, plus interest under the County Courts Act 1984. No reinstatement is available for pure money claims.
When are tribunal claims time‑barred or excluded from the tribunal’s jurisdiction?
Quick Answer: Most employment claims must be presented within three months of the act complained of, and certain matters (e.g., breach of contract) fall outside tribunal jurisdiction.
Section 111 of the Employment Tribunals Act 1996 sets a three‑month limitation (subject to a 14‑day extension) for unfair dismissal, discrimination, whistleblowing, and redundancy claims. Claims for breach of contract, personal injury, or defamation are excluded and must be pursued in the County Court. The tribunal also lacks jurisdiction over claims arising before the employee’s continuous service of two years (except for discrimination, whistleblowing, or statutory rights).
Are there limits on compensation for certain types of claims such as statutory redundancy?
Quick Answer: Yes, statutory redundancy pay is capped at 30 weeks’ pay, and unfair dismissal compensation has a monetary ceiling.
Statutory redundancy pay is calculated under ERA 1996 s 166, limited to 30 weeks at the employee’s “weekly limit” (£571 as of 2024). Unfair dismissal compensation comprises a basic award (capped at £20,000 in 2024) and a compensatory award (subject to the same cap). Discrimination awards for injury‑to‑feelings follow the Vento bands (£900‑£9,100‑£27,400 in 2024) with no overall cap, but compensatory elements remain subject to the £20,000 limit.
What remedies can an Employment Tribunal award (compensation, reinstatement, etc.)?
Quick Answer: Tribunals may order monetary compensation, reinstatement, re‑engagement, or a declaration of rights, depending on the claim.
Section 108 of the Employment Tribunals Act 1996 empowers tribunals to grant a “basic award” for unfair dismissal, a “compensatory award” for loss of earnings, and “injunctive relief” for ongoing breaches. They may also order reinstatement or re‑engagement on comparable terms, though these are discretionary and often avoided in practice. A declaration that the employer acted unlawfully can be issued, and the tribunal may award a “reasonable costs order” for legal expenses.
How is compensation calculated for unfair dismissal and discrimination claims?
Quick Answer: Unfair dismissal compensation combines a basic award (age, service, weekly pay) and a compensatory award (actual loss), while discrimination adds injury‑to‑feelings damages.
The basic award (ERA 1996 s 123) uses the employee’s age, length of service, and a capped weekly pay (£571 in 2024). The compensatory award (s 123) reflects lost earnings, benefits, and pension contributions, subject to the £20,000 cap. Discrimination claims (Equality Act 2010) add a Vento‑band injury‑to‑feelings award (up to £27,400 in 2024) and may also include a compensatory element for financial loss, again limited by the unfair dismissal cap.
What evidence and documents should you gather before filing an ET1?
Quick Answer: Collect the employment contract, payslips, holiday entitlement records, correspondence, and any grievance or disciplinary documents relevant to the claim.
- Signed contract and any subsequent variation letters.
- Payslips, P45, P60, and bank statements showing wage discrepancies.
- Holiday accrual statements, leave request emails, and approval/rejection notices.
- Grievance letters, disciplinary notices, and meeting minutes.
- Witness statements from colleagues and any whistleblowing disclosures.
- Relevant statutory guidance (e.g., ACAS Early Conciliation reference).
These documents establish the contractual terms, the breach, and the causal link needed for the tribunal’s assessment.
Practical Steps & Evidence Checklist
Before you begin the formal process of filing an employment tribunal claim in the UK, it is essential to organise your case methodically. This checklist helps individuals and businesses ensure that all procedural requirements are met and that the evidence you rely on is both admissible and compelling.
- Step 1: Verify the statutory time limit – normally three months less one day from the date of the alleged breach (e.g., dismissal, discrimination, unpaid wages). Missing this deadline can bar your claim.
- Step 2: Collect and preserve all relevant documentation, such as contracts, payslips, emails, performance reviews, grievance letters, and any written communications with your employer.
- Step 3: Complete the mandatory Early Conciliation (EC) process through ACAS. Record the EC reference number, as you will need it when you submit the ET1 form.
- Step 4: Complete the ET1 claim form online (or on paper where permitted). Provide a clear, concise statement of facts, the legal basis of your claim, and the remedy you seek.
- Step 5: Prepare a witness statement and organise any supporting witnesses. Ensure you understand the tribunal’s procedural timetable and any directions issued by the tribunal judge.
Frequently Asked Questions
What is the deadline for filing an employment tribunal claim in the UK?
The general limitation period is three months less one day from the date of the act you are complaining about (e.g., the date of dismissal, the date of the discriminatory act, or the date a wage was due). Certain claims, such as those involving whistle‑blowing or equal pay, may have different or extended time limits, so it is vital to check the specific rules that apply to your case.
Do I have to go through ACAS before I can file a claim?
Yes. Except for a few limited categories (e.g., certain whistle‑blowing or discrimination claims where ACAS cannot intervene), you must first engage in the Early Conciliation service provided by ACAS. The EC process aims to resolve the dispute without tribunal involvement and generates a reference number that you must include on your ET1 form.
Can I submit an ET1 claim online, or do I need to use a paper form?
Most claimants file the ET1 electronically via the HM Courts & Tribunals Service (HMCTS) online portal. The online system is faster, provides instant confirmation, and reduces the risk of errors. Paper forms are still accepted in limited circumstances, such as when a claimant lacks internet access or when a tribunal specifically requests a paper submission.
What types of remedies can an employment tribunal award?
Tribunals can order a range of remedies, including reinstatement or re‑engagement, compensation for unlawful dismissal (basic and compensatory elements), compensation for discrimination (including injury to feelings), unpaid wages, holiday pay, and a declaration of rights. In some cases, the tribunal may also order the employer to pay the claimant’s legal costs.
Do I need a solicitor to represent me at an employment tribunal?
Legal representation is not mandatory. Claimants may appear in person, be represented by a trade union official, or instruct a solicitor or a qualified legal adviser. However, complex cases—especially those involving multiple claims, extensive evidence, or significant compensation—often benefit from professional legal assistance to ensure procedural compliance and effective advocacy.
How long does the employment tribunal process usually take?
After the ET1 is accepted, the tribunal will issue a timetable. Simple cases may be resolved within a few months, while more complex matters can take 12‑18 months or longer, particularly if there are multiple parties or extensive disclosure. Early conciliation, prompt filing, and diligent case management can help shorten the timeline.
What evidence is most persuasive in an employment tribunal claim?
Documentary evidence carries the most weight: written contracts, payslips, emails, meeting minutes, grievance letters, and any ACAS correspondence. Witness statements from colleagues, managers, or third‑party experts (e.g., medical professionals for disability claims) are also crucial. Ensure all evidence is dated, authentic, and organized chronologically for easy reference.
Can I amend my claim after it has been submitted?
Amendments are possible but subject to the tribunal’s permission. You may need to file a formal application to vary the claim, especially if you wish to add new allegations, change the remedy sought, or correct factual errors. The tribunal will consider whether the amendment would cause undue delay or prejudice to the respondent.
Conclusion
Filing an employment tribunal claim in the UK requires strict adherence to procedural rules, timely action, and thorough preparation of evidence. Understanding the statutory time limits, completing the mandatory Early Conciliation with ACAS, and accurately completing the ET1 form are foundational steps that protect your right to seek redress for unlawful dismissal, discrimination, unpaid wages, or other employment breaches.
While self‑representation is permissible, the complexity of tribunal law and the potential financial stakes often make professional legal advice advisable. Engaging a qualified solicitor or experienced employment law adviser can help you navigate the procedural timetable, craft persuasive submissions, and maximise the likelihood of a successful outcome.
Legal Disclaimer
This article provides general educational information regarding England and Wales law and does not constitute formal legal advice, legal representation, or the creation of an attorney‑client relationship. Laws and regulatory guidance are subject to frequent legislative amendments and judicial interpretation. Individuals and organizations facing legal proceedings or disputes should seek personalized counsel from a qualified solicitor, advocate, or attorney in their jurisdiction.