What to Do Before Making an Employment Tribunal Claim

An employment tribunal is the last step in a workplace dispute, not the first. In England and Wales a claim only begins when you file a form called the ET1 - and before you ever get there, several other things usually happen. Many problems are resolved at one of those earlier stages, without a hearing, and trying them first is often both quicker and stronger for you if the matter does end up at tribunal.

This guide walks through the steps that sit before the ET1, in the order they usually happen. None of them require a solicitor, and most are free.

The ET1 is the line - these steps come before it

It helps to picture a ladder. At the top is the formal tribunal claim, which starts when you submit the ET1 form. Everything below is about trying to understand and resolve the problem first:

1. Work out whether you have a claim - and your deadline
2. Raise it informally
3. Raise a formal grievance
4. Appeal if the grievance is rejected
5. Go through ACAS Early Conciliation

Only the last of these is legally required, but each one can resolve the problem on its own, and each one strengthens your position if it does not. The sections below take them in turn.

Step 1: Work out whether you have a claim - and your deadline

Before raising anything, it is worth getting clear on two things: whether what happened could actually amount to an employment law claim, and how long you have to act.

Not every unfair or upsetting experience at work is something a tribunal can deal with, and the claims that do exist - unfair dismissal, discrimination, unpaid wages, and so on - each have their own rules. Just as important is the time limit: most claims must be started within about three months less one day of the act you are complaining about, and that clock keeps running while you try to sort things out internally. Understanding your situation early stops you from accidentally running it down.

This is the stage where Aricase is built to help. It guides you through understanding whether you have a claim, what it is worth, and what your deadline is, then helps you build your case step by step - with a human quality check before you act. It is AI case-building plus a human quality check, not legal advice or representation, and it is free to check your eligibility.

Step 2: Raise it informally first

The simplest step is often the most effective. Speak to your line manager, or to HR, or put a short, factual note in writing setting out the problem and what you would like done about it.

A surprising number of workplace problems are misunderstandings, one-off mistakes, or things the employer simply did not know about - and they get fixed once raised. An early, calm conversation also creates a record that you tried to resolve it sensibly, which reflects well on you later if the matter escalates. If raising it informally does not work, you have lost nothing and moved on to the next rung.

Step 3: Put it in writing - a formal grievance

If the informal route does not resolve it, the next step is a formal grievance: a written complaint that triggers your employer's formal grievance procedure.

A good grievance letter states clearly that it is a formal grievance, sets out the facts in date order with names, says which right or policy was breached, and states the outcome you want. Our guide on how to write a grievance letter walks through it line by line. Raising a grievance is not a legal precondition for a tribunal claim, but the ACAS Code of Practice expects both sides to try to resolve disputes this way - and a tribunal can reduce compensation by up to 25 percent for a party that unreasonably ignores it.

One thing to watch: raising a grievance does not pause your tribunal deadline. The clock keeps running while the grievance is dealt with, so keep track of your time limit separately.

Step 4: Appeal if your grievance is rejected

If the grievance outcome does not resolve things, you usually have the right to appeal to someone more senior or more independent. It is worth taking, even if you doubt it will succeed.

An appeal gives the employer a final fair chance to put the matter right, and it shows a tribunal that you followed the process properly. If you were also subject to a disciplinary process, the same principle applies - see our guide to disciplinary hearing rights for what a fair process looks like.

Step 5: ACAS Early Conciliation - the last step before a claim

This is the one step you cannot skip. Before you can file an ET1, you are legally required to notify ACAS and go through Early Conciliation - a free, confidential service where a neutral conciliator tries to help you and your employer settle without a hearing.

Two things make this step different from the others:

• It is mandatory. You cannot file a tribunal claim without an ACAS Early Conciliation certificate reference number.
• It pauses your deadline. The moment you notify ACAS, the clock on your tribunal time limit stops, which is why notifying early matters.

Our full guide to ACAS Early Conciliation explains exactly how it works, how long it takes, and what a settlement (a COT3) involves. If you do settle here, the dispute usually ends without a claim at all.

Why trying these steps first helps you

Working through these steps is not just a formality on the way to a tribunal - it often changes the outcome:

• Many disputes settle without a hearing. Most workplace problems are resolved through an informal conversation, a grievance, or ACAS conciliation. A tribunal is slow, stressful and uncertain for both sides, so there is usually a genuine appetite to avoid one.
• It protects your compensation. Tribunals must take the ACAS Code of Practice into account. If your employer unreasonably ignores it, a tribunal can increase your award by up to 25 percent - but if you unreasonably skip the steps, it can cut your award by the same amount.
• It builds your evidence. Every grievance, appeal and reply creates a dated paper trail. If the matter does reach a tribunal, that contemporaneous record is often the backbone of your case - far stronger than reconstructing events from memory months later.

In short, the steps below are worth taking on their own merits, whether or not you ever file a claim.

Keep one eye on your deadline throughout

The single most important thing to carry through all of these steps is your time limit. Most claims must be started within roughly three months less one day, and - apart from ACAS Early Conciliation - none of the steps above pauses that clock.

It is entirely possible to do everything right internally and still miss your deadline because a grievance and appeal took weeks. Check your time limit at the very start, and read our employment tribunal deadlines guide for the rules and worked examples. If in doubt, notify ACAS sooner rather than later to pause the clock.

If none of this resolves it: making a tribunal claim

If you have raised the problem, been through a grievance and appeal, and ACAS Early Conciliation has not settled it, then a tribunal claim is the next step. That is the point where you cross the line from "trying to resolve it" to "making a claim":

• File the ET1. This is the form that starts the claim. Our guide on how to write the ET1 form covers what to put where.
• Know what comes next. The employment tribunal process step by step guide sets out everything from filing to hearing.
• Decide how to run it. You can represent yourself, use a self-serve case-building tool, or instruct a solicitor. Our guide comparing your options for tribunal help weighs up which suits which kind of claim.

Most people never need every rung of this ladder. But knowing the order they come in - and that the ET1 sits at the top, not the bottom - helps you act calmly, protect your position, and give the problem its best chance of being resolved before it ever reaches a hearing.