Employment Tribunal: How Claims Work in England and Wales
This guide covers England and Wales. It is general information, not legal advice.
The phrase "employment tribunal" covers a lot of ground - from the moment you wonder whether a dismissal was lawful, through ACAS conciliation and the claim form, to a hearing where a judge decides the outcome. This hub explains what an employment tribunal is, the kinds of claim it hears, how a case actually moves from start to finish, and where to find the deeper, step-by-step guides for each stage. Tribunals in England and Wales are designed to be used by ordinary people without a lawyer, there are no fees to bring a claim, and the most important number to know is your deadline.
What is an employment tribunal?
An employment tribunal is an independent judicial body that decides legal disputes between employees (or workers) and their employers in England and Wales. It is part of the courts and tribunals system, but it is deliberately less formal than a civil court: hearings are run by an employment judge, evidence is given in plain language, and the rules are designed so that people can take part without a lawyer.
The judge sits alone for most unfair dismissal and unpaid wages claims. For discrimination and whistleblowing claims, a panel of three usually sits - the judge plus two non-legal members who bring practical workplace experience. Tribunals apply employment law as set out in statutes such as the Employment Rights Act 1996 and the Equality Act 2010, together with the case law that interprets them.
What claims do employment tribunals hear?
Tribunals hear a wide range of workplace claims. The most common fall into a few groups:
| Type of claim | What it covers | Where to start |
|---|---|---|
| Dismissal | Being sacked unfairly, forced to resign, or dismissed without proper notice | Unfair dismissal, constructive dismissal, wrongful dismissal |
| Discrimination | Less favourable treatment because of a protected characteristic | Workplace discrimination, pregnancy and maternity discrimination |
| Detriment | Being penalised for blowing the whistle, or bullied and harassed | Whistleblowing, bullying and harassment |
| Pay and conditions | Wages, holiday and sick pay, and contract rights | Unpaid wages, holiday pay, redundancy pay |
Each claim has its own legal test and its own time limit. It is common for one situation to give rise to more than one claim - for example, a dismissal that is both unfair and discriminatory.
How an employment tribunal claim works
Almost every claim follows the same path, even though the detail differs from case to case:
- ACAS Early Conciliation. Before you can bring most claims, you must notify ACAS, who offer free conciliation to try to settle the dispute. This step is compulsory and it pauses the deadline clock - see the ACAS Early Conciliation guide.
- The ET1 claim form. If conciliation does not resolve things, you set out your claim on the ET1 form. Getting this right matters, because it frames the case the tribunal will decide.
- The employer's response (ET3). The employer files a response defending the claim. The issues in dispute are then identified.
- Case-management orders. The tribunal sets a timetable for disclosure of documents, the agreed bundle, and the exchange of witness statements. Missing these orders can be serious.
- The final hearing. The tribunal hears the evidence, tests it by cross-examination, and decides the claim. The what happens at a hearing guide walks through the day in detail.
If you are running the case yourself, the self-representation guide is the home for how to prepare and present each stage.
How long does an employment tribunal take?
There is no fixed timetable, and how long a claim takes varies a great deal. As a rough guide:
- ACAS Early Conciliation runs for up to six weeks (extendable by agreement) before a claim is even filed.
- Once the ET1 is submitted, the employer has 28 days to file its ET3 response.
- A case-management stage then sets the timetable for disclosure, the bundle and witness statements.
- The wait for a final hearing depends on the tribunal's backlog in your region and the complexity of the claim.
Straightforward claims - a single unfair dismissal or unpaid wages case - can be resolved in a few months. Contested, multi-day claims, particularly discrimination and whistleblowing cases heard by a panel, often take a year or more from ACAS notification to judgment, and the hearing itself can last from half a day to a week or more. Many claims never reach a hearing at all, settling through ACAS or a settlement agreement along the way. The tribunal statistics guide gives a sense of typical timescales and outcomes.
How long do you have to claim?
For most claims the deadline is 3 months less 1 day from the event complained of - usually the date of dismissal or the act of discrimination - and you must start ACAS Early Conciliation within that window. Conciliation then pauses the clock while it runs. Missing the deadline almost always bars the claim, so this is the first thing to work out.
You can check your own dates with the tribunal deadline calculator, and the employment tribunal deadlines guide explains the trigger dates and the ACAS pause in full. Note that the Employment Rights Act 2025 is expected to extend the basic limit to 6 months for most claims, but that change is not yet in force - work to the current deadline until commencement is confirmed.
What can a tribunal award?
If you win, the remedy is usually compensation rather than getting your job back. For unfair dismissal that means a basic award (calculated like statutory redundancy pay) plus a compensatory award for your financial losses, subject to a statutory cap. Discrimination and whistleblowing awards are uncapped and can include compensation for injury to feelings. The employment tribunal compensation guide breaks down how awards are calculated, capped, adjusted and taxed, and the tribunal statistics guide shows how modest typical awards really are compared with the headlines.
Do you need a solicitor?
No - tribunals are designed to be used without legal representation, and many people represent themselves successfully. Whether to get help usually depends on the complexity of the claim and the amount at stake. The self-representation guide covers doing it yourself, the cost of a tribunal claim and employment solicitor costs guides explain the fee options and the low risk of being ordered to pay the other side, and many disputes are resolved earlier through a settlement agreement or a protected conversation without a hearing at all.
The full guide library
This hub links to every guide in the Aricase resource library. Use it as a map of the whole topic.
Dismissal and leaving work
- Unfair dismissal
- Automatic unfair dismissal
- Constructive dismissal
- Wrongful dismissal
- Day-one unfair dismissal rights
- Redundancy pay
- Notice periods
- Settlement agreements
- Protected conversations
Discrimination, whistleblowing and harassment
- Workplace discrimination
- Pregnancy and maternity discrimination
- Bullying and harassment at work
- Whistleblowing
Pay and working rights
- Unpaid wages and unlawful deductions
- Holiday pay
- Statutory sick pay
- Zero-hours contract rights
- Flexible working requests
Raising it at work first
The tribunal process
- How to write your ET1 form
- Employment tribunal deadlines
- Employment tribunal evidence
- What happens at a hearing
- Representing yourself
- Employment tribunal compensation
- Tribunal statistics
- How much an employment tribunal costs
- The cost of an employment solicitor
The law is changing
Wherever you are in the process, the safest first move is the same: work out your deadline, then decide what to do with the time you have.
This article is legal information, not legal advice. Tribunal procedure and the figures involved change over time. If you are unsure how any of this applies to your situation, you may want to consider speaking to an employment law specialist.
Sources used in this guide
- GOV.UK: Make a claim to an employment tribunal
- Employment Tribunal Procedure Rules 2024
- ACAS: Early Conciliation
- Employment Rights Act 1996
- Equality Act 2010
- Courts and Tribunals Judiciary - Employment Tribunals
Links to legislation.gov.uk, gov.uk, acas.org.uk and bills.parliament.uk are official sources. Always check the current version on the source site before relying on a specific point.
Frequently asked questions
What is an employment tribunal?
An employment tribunal is an independent judicial body in England and Wales that hears legal disputes between employees (or workers) and employers. It decides claims such as unfair dismissal, discrimination, unpaid wages and redundancy. A hearing is led by an employment judge, who sits alone for most dismissal and wages claims or with two non-legal panel members for discrimination and whistleblowing claims.
What can you claim for at an employment tribunal?
Common claims include unfair dismissal, constructive dismissal, wrongful dismissal (notice pay), discrimination under the Equality Act 2010, whistleblowing detriment, unpaid wages and unlawful deductions, holiday pay, and statutory redundancy pay. Each claim has its own legal test and its own time limit, so it is worth identifying which claims fit your situation before you file.
Is there a fee to bring an employment tribunal claim?
No. There are currently no fees to bring or attend an employment tribunal claim, and ACAS Early Conciliation is free. Each side normally pays its own representation costs, and tribunals only rarely order one side to pay the other's costs. The real costs of a claim are time, preparation and the emotional load of the process.
How long does an employment tribunal claim take?
It varies widely. Straightforward claims can be resolved in a few months, but contested cases - particularly multi-day discrimination claims - often take a year or more from ACAS notification to a final hearing, depending on the tribunal's workload in your region. Many claims settle through ACAS or a settlement agreement before they ever reach a hearing.
Do you need a solicitor for an employment tribunal?
No. Employment tribunals are designed to be used without legal representation, and many claimants represent themselves. You can also be helped by a trade union, a law centre, or a paid representative. The decision usually comes down to the complexity of your claim, the amount at stake, and how confident you feel preparing a bundle, witness statement and cross-examination.
Related guides
Claims11 min readUnfair Dismissal in the UK: Do You Have a Claim?
Plain-English guide to UK unfair dismissal: what counts, who can claim, time limits, and what compensation looks like at an employment tribunal.
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Documents10 min readHow to Fill In Your ET1 Employment Tribunal Claim Form
How to fill in the ET1 claim form, section by section: the respondent, the claim narrative, the remedy section, and the mistakes that sink cases.
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Deadlines9 min readEmployment Tribunal Time Limits: 3 Months Less 1 Day, Explained
How UK employment tribunal time limits work - the 3 months less 1 day rule, trigger dates by claim type, how ACAS pauses the clock, and late claims.
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Process10 min readWhat Happens at an Employment Tribunal Hearing
What happens at an employment tribunal hearing in England and Wales: the bundle, witness statements, cross-examination, who is in the room, and judgment.
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Claims9 min readEmployment Tribunal Compensation: How Awards Are Calculated
How employment tribunal compensation works in England and Wales: basic and compensatory awards, the statutory cap, Vento bands, uplifts, deductions and tax.
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Process11 min readGoing to Employment Tribunal Without a Solicitor
Yes - you can take your employer to tribunal without a solicitor. The stage-by-stage journey, the bundle and witness statement, the costs risk, and free help.
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Process6 min readACAS Early Conciliation: How It Works, Step by Step
What ACAS Early Conciliation is, why it is mandatory before an employment tribunal claim, and what to expect at each stage of the process.
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