What Happens at an Employment Tribunal? A Step-by-Step Guide

An employment tribunal is an independent body that decides disputes between employees and employers, for example claims for unfair dismissal, discrimination, or unpaid wages. The process runs in stages: compulsory Acas early conciliation, then the claim and response, case management, and finally a hearing where a judge (sometimes with two lay members) decides the case. Most claims settle before reaching a final hearing.

Do you have to contact Acas first?

Yes. Before bringing most claims you must notify Acas and go through early conciliation, which is free and aims to settle the dispute without a hearing. The conciliation period can now last up to twelve weeks (extended from six in December 2025). If it does not resolve matters, Acas issues a certificate, which you need before you can lodge a claim.

What are the time limits?

Time limits are strict. Most claims, including unfair dismissal and discrimination, must currently be started within three months less one day of the event complained of, though the clock is paused during Acas conciliation. This limit is due to extend to six months for many claims, expected no earlier than October 2026. Missing the deadline usually ends a claim, so it is vital to act quickly and take advice early.

How is a claim started?

The employee (the claimant) submits a claim form, called an ET1, setting out what happened and what they are claiming. The employer (the respondent) then files a response, the ET3, setting out its defence. There is no fee to bring a tribunal claim. The tribunal then manages the case towards a hearing.

What happens before the hearing?

There is usually a period of preparation. This can include a preliminary hearing to deal with case management or specific issues, the exchange of documents, the preparation of witness statements, and agreement of a bundle of documents. Many cases settle during this period once both sides see the strengths and weaknesses of the evidence.

What happens at the final hearing?

At the final hearing, both sides present their evidence. Witnesses give their statements and are cross-examined, and each side makes submissions on the law. The tribunal then decides whether the claim succeeds. If it does, it goes on to decide the remedy, which may be compensation, and in some cases reinstatement or re-engagement.

How are awards decided?

Compensation depends on the type of claim. For unfair dismissal it usually includes a basic award and a compensatory award for lost earnings. Discrimination awards can also include compensation for injury to feelings. The rules on caps are changing, so up-to-date advice on the likely value of a claim is important.

Getting advice

Tribunal claims are detailed and the deadlines unforgiving. We can advise on the merits, handle the process and represent you. See our employment tribunal representation page, or request a callback.