Daily Junction.mobi portalBusiness · October 21, 2023 · Tom Bennett · 6 min
A plain-English guide to employment tribunals in the UK: what they are, the claims they hear, the early conciliation step with Acas, time limits, the hearing process and what they can award.
When a dispute at work cannot be settled between an employee and their employer, the employment tribunal is where it can finally be decided. For many people it is the only realistic way to enforce rights such as protection from unfair dismissal, discrimination or unpaid wages. The system is deliberately more approachable than the ordinary courts, but it still runs on firm rules, tight deadlines and a structured process. This guide explains what an employment tribunal is, the claims it hears, the steps before a hearing, and what it can do if you win.
This article is general information, not legal advice. For your situation, contact Acas or a qualified adviser.
An employment tribunal is an independent judicial body that hears and decides legal disputes between workers and employers about employment rights. It is part of the justice system, separate from your employer and from the government department that sets the rules, and its decisions are legally binding.
Tribunals sit across England, Wales and Scotland (Northern Ireland has its own Industrial Tribunals and Fair Employment Tribunal). A case is usually heard by an employment judge, sometimes sitting alone and sometimes with two non-legal panel members who bring practical experience of the workplace from employer and employee perspectives. The aim is to apply the law fairly while keeping proceedings less formal and less expensive than the civil courts.
Employment tribunals deal with a wide range of statutory rights. Common claims include:
Some rights depend on your employment status and length of service. For example, unfair dismissal usually requires two years' continuous service, while discrimination protection applies from day one. Status also matters where staff are engaged on non-standard terms, such as a zero-hours contract, because the rights available can differ between an employee, a worker and someone genuinely self-employed.
Before most claims can begin, the law requires you to contact Acas (the Advisory, Conciliation and Arbitration Service) and go through early conciliation. This is a free, confidential service in which an Acas conciliator tries to help both sides reach a settlement without a hearing.
The process works like this:
Early conciliation is more than a formality. A large share of disputes settle at this stage, saving the time, cost and stress of a hearing. Even where it does not resolve everything, it can narrow the issues. Settlements outside this route are also possible through a settlement agreement, a legally binding contract under which an employee usually waives claims in return for a payment and takes independent advice.
For most employment claims the deadline is three months less one day from the date of the act you are complaining about.
Time limits in tribunal cases are strict and short. The general rule for many claims, including unfair dismissal and discrimination, is three months less one day from the relevant event, such as the dismissal date or the discriminatory act. A few claims, such as redundancy pay and equal pay, run to six months.
Contacting Acas for early conciliation pauses (stops) the clock while conciliation takes place, and you then get at least a short period afterwards to lodge your claim. Because the calculation can be fiddly, it is wise to start the Acas process well before the deadline rather than at the last moment. Tribunals can extend time only in limited situations, so missing the limit often ends a claim before it is heard.
If conciliation does not resolve matters, the claimant submits a claim form (an ET1) and the employer responds with a response form (an ET3). From there the case is managed towards a hearing.
| Stage | What happens |
|---|---|
| Claim and response | Claimant files the ET1; employer files the ET3 setting out its defence |
| Case management | The tribunal sets directions, deadlines and dates; preliminary hearings may resolve issues |
| Disclosure and bundles | Both sides exchange relevant documents and prepare an agreed bundle |
| Witness statements | Written statements are exchanged before the hearing |
| Final hearing | Evidence is heard, witnesses are questioned, and the tribunal decides |
| Judgment and remedy | The tribunal gives its decision and, if the claim succeeds, decides the remedy |
Hearings are usually held in public. Each side can give evidence, call witnesses and question the other side. While the atmosphere is less formal than a courtroom drama, you are expected to follow the directions, meet deadlines and present your case clearly. Preparing the facts carefully, and understanding what evidence supports your case, is much like the disciplined fact-checking involved in due diligence on any important matter.
If a claim succeeds, the most common remedy is compensation. For unfair dismissal this usually has two parts: a basic award calculated from age, length of service and weekly pay (similar to statutory redundancy pay), and a compensatory award reflecting financial losses such as lost earnings, subject to a statutory cap.
For discrimination claims there is no upper limit on compensation, and awards can include a sum for injury to feelings. Tribunals can also:
Compensation can be reduced, for example where a claimant contributed to the dismissal or failed to take reasonable steps to find new work. The exact figures depend heavily on the facts, which is why early, accurate advice matters.
An employment tribunal is the independent body that decides legal disputes between workers and employers, from unfair dismissal and discrimination to unpaid wages and redundancy. The route to a hearing almost always begins with free early conciliation through Acas, runs under strict time limits of usually three months less one day, and follows a structured but relatively informal process. Many cases settle before they ever reach a final hearing. If you think your rights have been breached, act quickly, gather your evidence, and get advice from Acas or a qualified adviser early — the deadlines leave little room for delay.
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