Employment Law – Tribunal Proceedings

Employment Tribunals deal with many disputes arising from employment and workplace relationships.

Claims can include matters such as:

• Unfair dismissal
• Constructive dismissal
• Discrimination
• Whistleblowing
• Unlawful deductions from wages
• Holiday pay
• Redundancy
• Breach of contract
• Working time rights

Strict time limits apply, and in most cases you must notify Acas before you can present a claim to the Employment Tribunal.

For further guidance on individual deadlines, see Time Limits.

Time Limits

As at 10 September 2026, the time limit for most Employment Tribunal claims is generally:

3 months minus 1 day

The date from which the period is calculated depends on the type of claim.

Unfair Dismissal

For most Unfair Dismissal claims, time generally runs from the effective date of termination.

In most cases, this will be:

• The Last day of your notice period
• The Date you were dismissed if no notice was given

It should not simply be assumed that the deadline runs from the last date on which you happened to receive salary.

Constructive Dismissal

For Constructive Dismissal, the limitation period will normally be calculated from the date on which your employment legally ended following your resignation.

Discrimination

For Discrimination claims, time generally runs from the discriminatory act complained about.

Where conduct legally amounts to an act extending over a period, the time limit may run from the end of that period.

However, several separate decisions do not automatically become one continuing act merely because they involve the same employer or protected characteristic.

For further guidance, see Continuing Acts of Discrimination.

Pay and Holiday Claims

For an unlawful deduction from wages claim, the time limit will normally run from the date of:

• The Deduction
• The Failure to make the required payment

Where there is a qualifying series of deductions, different rules may apply.

Time Limits Are Changing on 1 October 2026

A major change will take effect shortly.

From 1 October 2026, the time limit for the majority of Employment Tribunal claims will increase from:

3 months minus 1 day

to:

6 months minus 1 day

The longer period generally applies where the relevant time limit starts on or after 1 October 2026.

It does not automatically extend every existing claim that arose before that date.

For example, if an unfair dismissal has an effective date of termination before 1 October 2026, the current three-month regime will generally continue to apply.

Because transitional rules can affect the calculation, the deadline should always be checked against the specific facts.

Acas Early Conciliation – Usually the First Required Step

Before presenting most Employment Tribunal claims, you must normally notify the Advisory, Conciliation and Arbitration Service, commonly known as Acas.

This is called Early Conciliation.

There are limited categories of claim where Early Conciliation notification is not required, but most ordinary employment claims require it.

You should normally notify Acas before your underlying Tribunal time limit expires.

Does Notifying Acas Mean I Have Issued My Tribunal Claim?

No.

These are separate steps.

Notifying Acas begins the Early Conciliation process.

Presenting an Employment Tribunal claim takes place later, normally using an ET1 claim form.

You can notify Acas yourself or through a representative.

How Does Acas Early Conciliation Work?

When you notify Acas, you provide basic information about:

• Yourself
• The Person or organisation you are considering claiming against
• The Employment dispute

Acas will offer Early Conciliation.

A conciliator can then speak separately with you and the proposed respondent to see whether an agreement can be reached.

Acas is:

• Independent
• Impartial
• Not Your legal representative

A conciliator does not decide:

• Whether you will win
• What your claim is worth
• Whether a proposed settlement is in your legal interests

You remain responsible for deciding whether to:

• Negotiate
• Accept an offer
• Reject an offer
• Proceed to Tribunal

Do I Have to Take Part in Conciliation?

You will normally need to notify Acas before bringing the claim, unless an exemption applies.

However, you do not have to agree to participate in settlement negotiations.

If:

• You Do not want to conciliate
• The Employer does not want to participate
• Acas considers settlement is not possible
• The Early Conciliation period ends

Acas can close the process and issue an Early Conciliation certificate.

How Long Does Early Conciliation Last?

For Early Conciliation notifications made on or after 1 December 2025, the statutory Early Conciliation period can last for up to:

12 weeks

It may end earlier.

For example, it can end if:

• Settlement is reached
• You Do not wish to continue
• The Employer will not participate
• Acas decides further conciliation is unlikely to resolve the dispute

The old system under which the standard period was one month with a possible 14-day extension is no longer current.

Does Early Conciliation Stop the Tribunal Clock?

Yes, if Acas is notified within the applicable Employment Tribunal time limit.

The limitation clock is paused for the relevant Early Conciliation period.

This is why the eventual Tribunal deadline can be later than the original three-month or six-month deadline.

However, the calculation is governed by statutory rules and should not be estimated informally.

What Happens When Acas Issues the Certificate?

If settlement has not been reached, Acas will issue an Early Conciliation certificate.

The certificate contains an Early Conciliation certificate number.

You will normally need to include this number when presenting your ET1 claim.

If you notified Acas within the original limitation period, you will generally have at least one month from receiving the certificate in which to present the Tribunal claim.

Depending on the original deadline and dates of Early Conciliation, you may have longer.

How Do I Calculate the New Deadline?

The calculation can be complicated.

The safest approach is to identify:

• The Original limitation date
• The Date Acas was notified
• The Date the Early Conciliation certificate was received
• The Statutory extension produced by Early Conciliation

You should not simply add 12 weeks to the original deadline.

You should also not assume that a 12-week Early Conciliation process gives you another 12 weeks after the certificate.

The statutory rules determine the final filing date.

Should I Delay Contacting Acas to Give Myself More Negotiating Time?

Deliberately delaying Acas notification simply to maximise negotiating time can be risky.

If you miss the original limitation deadline before notifying Acas, Early Conciliation will not retrospectively protect an already expired claim.

Settlement discussions can also continue:

• During Early Conciliation
• After an Early Conciliation certificate is issued
• After Tribunal proceedings have started

You should therefore protect the legal deadline rather than assume that delaying notification will improve your negotiating position.

What if I Notify Acas Too Late?

You can still potentially notify Acas or attempt to present a late Tribunal claim, but the fact that the original limitation period has expired can create a serious problem.

Whether an Employment Tribunal can accept a late claim depends on the particular cause of action.

Different extension tests apply to different claims.

For example:

• Unfair dismissal generally uses the not reasonably practicable test
• Equality Act discrimination claims can be extended where the Tribunal considers it just and equitable

Neither extension should be relied upon.

Tribunal deadlines are generally applied strictly.

How Much Service Do I Need for Unfair Dismissal?

As at 10 September 2026, an employee will generally need:

2 years' continuous employment

to bring an ordinary unfair dismissal claim.

The previous shorthand of 23 months and 3 weeks is not the statutory qualifying rule.

There are important exceptions where no two-year qualifying period is required.

These can include certain automatically unfair dismissals.

From 1 January 2027, the qualifying period for ordinary unfair dismissal will reduce to:

6 months

The change applies across England, Scotland and Wales.

There is no equivalent ordinary minimum service requirement for claims such as discrimination.

What About Urgent Interim Relief Claims?

Certain automatically unfair dismissal claims have a much shorter deadline if the employee wants to apply for interim relief.

An eligible interim relief application normally needs to be made within:

7 days of the effective date of termination

This can arise in certain dismissal claims involving matters such as:

• Whistleblowing
• Trade union activities
• Certain employee representative functions
• Certain health and safety representative activities

Special Early Conciliation rules can apply to interim relief applications.

Because the seven-day period is extremely short, such cases require immediate attention.

Employment Tribunal Fees

There is currently no fee to make an Employment Tribunal claim.

The employment tribunal fee regime introduced in 2013 was held unlawful by the Supreme Court in 2017.

As at September 2026, a claimant does not pay an issue fee simply to lodge an ET1.

However, bringing proceedings may still involve other costs, such as:

• Legal advice
• Legal representation
• Expert evidence
• Preparing evidence
• Witness-related expenses

Will I Have to Pay My Employer's Legal Costs if I Lose?

Not normally.

Unlike ordinary civil litigation, the Employment Tribunal does not usually operate on the basis that the losing party automatically pays the winning party's legal costs.

However, the Tribunal can make a costs order in particular circumstances.

This can include situations where a party or representative has:

• Acted vexatiously
• Acted abusively
• Acted disruptively
• Acted otherwise unreasonably
• Pursued or defended a claim with no reasonable prospect of success

Costs can also arise in certain procedural situations.

A claimant should therefore not assume that Tribunal proceedings are entirely free of financial risk simply because there is no claim fee.

Issuing Your Employment Tribunal Claim

If Early Conciliation has ended without settlement, you can decide whether to present an Employment Tribunal claim.

The claim is normally made using:

Form ET1

You can generally submit the claim:

• Online
• Using the prescribed paper form

The ET1 should clearly identify:

• Who You are claiming against
• What happened
• Relevant dates
• The Legal complaints being made

It is important that the claim contains enough information for the respondent and Tribunal to understand the case.

Depending on the circumstances, your claim might include more than one legal complaint.

For example:

• Unfair dismissal
• Discrimination
• Unlawful deduction from wages

What Happens After I Submit the ET1?

The Tribunal will consider whether the claim satisfies the procedural requirements for acceptance.

If the claim is accepted, the Tribunal will normally send a copy to the person or organisation against whom you are claiming.

You are then referred to as:

The Claimant

The employer or other person defending the claim is referred to as:

The Respondent

What is an ET3?

The respondent normally provides its formal defence on an:

ET3 response form

The respondent will generally have:

28 days

from the date the Tribunal sent it the claim to submit its response.

The ET3 should explain:

• Whether the claim is disputed
• Which allegations are accepted or denied
• The Respondent's version of events
• Relevant legal grounds of defence

What if the Respondent Misses the 28-Day Deadline?

The respondent can apply for an extension.

However, it should not assume an extension will be granted.

If no valid response is submitted, the Tribunal may potentially determine all or part of the claim without a defended final hearing.

The Tribunal may still require further information or a hearing, particularly concerning remedy.

What Happens After the ET3?

Once the claim and response have been accepted, the Tribunal will decide how the case should proceed.

Simple claims may require relatively limited case management.

More complicated claims may involve:

• Preliminary hearings
• Detailed case management orders
• Disclosure
• Witness statements
• A Hearing bundle
• A Schedule of loss
• Expert evidence in appropriate cases
• A Final hearing

The exact procedure depends on the nature and complexity of the claim.

What is a Preliminary Hearing?

A preliminary hearing may be held:

• In person
• By video
• By telephone where appropriate

The Employment Judge can use a preliminary hearing to deal with matters such as:

• Clarifying the legal issues
• Deciding which claims can proceed
• Considering jurisdiction
• Considering time-limit issues
• Deciding whether a deposit order is appropriate
• Making case management orders
• Deciding what evidence will be required
• Setting or reviewing the final hearing timetable

A preliminary hearing can therefore be purely procedural or can determine significant preliminary legal issues.

The Tribunal should tell the parties what the hearing is intended to address.

What Are Case Management Orders?

The Tribunal can issue orders setting deadlines for preparing the case.

These may require the parties to:

• Provide further information
• Disclose documents
• Prepare a hearing bundle
• Exchange witness statements
• Provide a schedule of loss
• Agree a list of issues
• Identify witnesses

Court and Tribunal orders should be taken seriously.

Failure to comply can result in procedural consequences and, in serious cases, can affect whether all or part of a claim or defence is allowed to continue.

Disclosure of Documents

Both parties may be required to disclose documents relevant to the dispute.

This can include documents that:

• Support your case
• Support the other side's case
• Damage your own case

Relevant documents can include:

• Employment contracts
• Emails
• WhatsApp messages
• Microsoft Teams messages
• Letters
• Meeting notes
• Pay slips
• Performance records
• Disciplinary documents
• Grievance documents
• Medical evidence where relevant

You should preserve potentially relevant material once litigation is contemplated.

You should not:

• Delete relevant messages
• Alter documents
• Destroy evidence

If the other party appears to hold relevant documents that have not been disclosed, it may be possible to ask the Tribunal to order disclosure.

The Hearing Bundle

Relevant documents that will be used at the final hearing are commonly organised into an agreed hearing bundle.

The Tribunal may issue directions dealing with:

• Who prepares the bundle
• Which documents should be included
• When it must be completed
• Whether an electronic bundle is required

Not every document connected with employment needs to be included.

The bundle should focus on documents genuinely relevant to the issues the Tribunal must decide.

Witness Statements

In England and Wales, the Tribunal commonly orders parties to exchange written witness statements before the final hearing.

A witness statement should contain the evidence that the witness will give concerning relevant events.

Where statements have been ordered, they will commonly stand as the witness's evidence-in-chief rather than being read aloud in full at the hearing.

The position in Scotland can differ, where witness statements are not routinely used unless the Tribunal orders otherwise.

Witnesses should generally attend the hearing so that they can be questioned about their evidence.

What is a Schedule of Loss?

Where you are claiming compensation, you may be required to prepare a schedule of loss.

This sets out the financial remedy you are seeking.

Depending on the claim, it may include:

• Past loss of earnings
• Future loss of earnings
• Pension loss
• Lost bonus
• Lost benefits
• Injury to feelings in discrimination claims
• Other recoverable losses

You should normally provide evidence supporting the amounts claimed.

In dismissal claims involving financial loss, the Tribunal may also consider what reasonable steps you have taken to find alternative employment and reduce your loss.

Can the Claim Still Settle After Tribunal Proceedings Start?

Yes.

Settlement can take place at almost any stage before final determination.

Acas can continue to assist with settlement after an ET1 has been presented.

If the parties settle through Acas, the agreed terms are commonly recorded in a legally binding:

COT3

The parties can also reach a separate settlement agreement where appropriate.

For further guidance, see Settlement Agreements.

If the case settles privately after proceedings have started, the Tribunal should be informed.

What Happens at a Final Hearing?

A final hearing determines:

• Whether the claim succeeds
• What remedy should be awarded if it succeeds

A hearing can be:

• In person
• By video
• In another format directed by the Tribunal

The case may be heard by:

• An Employment Judge sitting alone
• An Employment Judge with Tribunal members

depending on the type of claim and applicable procedural arrangements.

Employment Tribunals are less formal than many civil courts, but they are still formal legal proceedings.

Witnesses normally give evidence on:

• Oath
• Affirmation

Who Gives Evidence First?

There is no absolute rule applying to every Employment Tribunal case.

The order can depend on the nature of the claims.

Generally:

• In an ordinary unfair dismissal case, the respondent may give evidence first
• In a discrimination case, the claimant will commonly give evidence first

The Employment Judge controls the procedure and can adopt a different order where appropriate.

It is therefore not correct to assume that the claimant will always be the first witness.

What is Cross-Examination?

After a witness gives their evidence, the opposing party or representative can ask questions.

This is known as:

Cross-examination

The purpose is to test:

• Accuracy
• Reliability
• Credibility
• Relevant factual evidence

The witness may then be asked limited further questions by their own representative to clarify matters arising during cross-examination.

The Employment Judge and Tribunal members can also ask questions.

Can I Represent Myself?

Yes.

You do not have to instruct a solicitor or barrister to bring or defend an Employment Tribunal claim.

Many claimants represent themselves.

You may also be represented, depending on the circumstances, by:

• A Solicitor
• A Barrister
• A Trade union representative
• Another permitted representative

The Tribunal should conduct proceedings fairly whether or not a party has professional representation.

However, the Tribunal cannot act as your legal adviser.

What Happens if a Witness Will Not Attend?

If an important witness is unwilling to attend voluntarily, you can potentially apply for a witness order requiring them to attend.

You should make the application sufficiently early and explain:

• Who the witness is
• What relevant evidence they can provide
• Why their attendance is required

The Tribunal will decide whether to make the order.

Can a Hearing Be Postponed?

Potentially.

If you have a significant reason why a hearing cannot proceed as listed, you can apply for a postponement.

Possible reasons might include:

• Serious medical circumstances
• An Important witness unexpectedly becoming unavailable
• Another exceptional procedural problem

The Employment Judge decides whether the hearing should be postponed.

You should not assume that an application has been accepted until the Tribunal confirms it.

Parties are normally given formal notice of their hearing.

What Happens After All the Evidence Has Been Heard?

After witnesses have finished giving evidence, the parties normally have an opportunity to make closing submissions.

The Tribunal will then consider:

• The Evidence
• Relevant law
• Arguments made by each side

It will decide whether each claim succeeds or fails.

When Will I Receive the Judgment?

In some cases, the Tribunal gives its decision orally at the end of the hearing.

In other cases, the judgment is reserved.

This means the Tribunal will consider the case after the hearing and send the written judgment later.

Whether judgment is delivered immediately or reserved depends on matters including:

• Complexity
• Number of issues
• Volume of evidence
• Time available

There is no reliable rule that a simple claim will always receive judgment on the same day.

Employment Tribunal judgments and decisions are generally published on the public online register, subject to limited circumstances in which the Tribunal makes an appropriate privacy or restricted-reporting order.

What Can the Tribunal Award if I Win?

The available remedies depend on the type of claim.

They can potentially include:

• Compensation
• Repayment of wages
• A Declaration
• Recommendations in discrimination cases
• Reinstatement in appropriate unfair dismissal cases
• Re-engagement in appropriate unfair dismissal cases

The amount of compensation depends on the particular claim and the evidence.

Some claims have statutory compensation limits.

Equality Act discrimination compensation is generally uncapped.

What if My Employer Does Not Pay the Tribunal Award?

If a respondent fails to pay an Employment Tribunal award, enforcement action may be available.

As at 2026, options can include asking the Fair Work Agency to take enforcement action in relation to an unpaid award.

Court enforcement routes are also available.

The procedure differs between:

• England and Wales
• Scotland

If the respondent appeals, this can affect when enforcement action can proceed.

Preparing for Tribunal Proceedings

Employment Tribunal proceedings can involve considerably more than simply completing an ET1.

Before bringing a claim, it is sensible to consider:

• The Correct legal claims
• Tribunal deadlines
• Acas Early Conciliation
• Available evidence
• Potential witnesses
• Financial losses
• Settlement options
• Cost and time involved
• Likely remedies

Protecting the legal deadline should be a priority.

Negotiations can continue after Acas has been notified and, in appropriate cases, after Tribunal proceedings have been issued.