# What Is an Employment Tribunal?

> 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.

*Section: Business — By Tom Bennett (Sports Writer) — Published October 21, 2023 — 6 min read*

Canonical URL: https://dailyjunction.co.uk/business/what-is-an-employment-tribunal
Tags: employment tribunal, employment law, Acas, unfair dismissal, workplace rights

## Key takeaways

- An employment tribunal is an independent judicial body that decides disputes between workers and employers over rights such as unfair dismissal, discrimination, unpaid wages and redundancy.
- Before most claims can start, you must notify Acas and go through early conciliation, a free attempt to settle without a hearing.
- Strict time limits apply: usually three months less one day from the event complained about, with Acas conciliation pausing the clock.
- Tribunals are less formal than ordinary courts, but they follow rules of procedure and can order compensation, reinstatement or specific payments.
- Many claims settle before a hearing, often through Acas or a settlement agreement, so reaching a tribunal is not inevitable.

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.*

## What an employment tribunal is

**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.

## What claims tribunals hear

Employment tribunals deal with a wide range of statutory rights. Common claims include:

- **Unfair dismissal** — being dismissed without a fair reason or fair process, usually after two years of service.
- **Discrimination** — unfavourable treatment because of a protected characteristic such as age, sex, race, disability, religion, pregnancy or sexual orientation.
- **Unpaid wages and deductions** — including unpaid holiday pay, notice pay and unlawful deductions.
- **Redundancy** — disputes over selection, consultation or [statutory redundancy pay](/business-finance/what-is-statutory-redundancy-pay).
- **Breach of contract** — certain claims that arise on termination of employment.
- **Whistleblowing and detriment** — being treated badly for raising protected concerns.
- **Equal pay** — being paid less than a comparator of the opposite sex for equal work.

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](/business/what-is-a-zero-hours-contract), because the rights available can differ between an employee, a worker and someone genuinely self-employed.

## Early conciliation with Acas

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:

1. You notify Acas of your intention to claim, using their online form or by phone.
2. Acas offers conciliation; both sides can decline, but it is often worth trying.
3. If a settlement is reached, it is recorded on a binding form (a COT3) and the dispute ends.
4. If not, Acas issues an **early conciliation certificate** with a unique reference number, which you need before you can lodge a tribunal claim.

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](/business/what-is-a-settlement-agreement), a legally binding contract under which an employee usually waives claims in return for a payment and takes independent advice.

## Time limits

> 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.

## How the tribunal process works

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](/business/what-is-due-diligence) on any important matter.

## What a tribunal can award

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:

- Order **reinstatement** (your old job back) or **re-engagement** (a comparable job), though these are relatively rare.
- Make a **declaration** of your legal rights.
- Order specific payments such as unpaid wages, notice pay or holiday pay.
- Make recommendations to an employer in discrimination cases.

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.

## The bottom line

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.

## Frequently asked questions

### How long do I have to make a claim?

For most claims the limit is three months less one day from the date of the act you are complaining about, such as a dismissal. You must contact Acas for early conciliation within that period, which pauses the clock. Tribunals can extend time only in limited circumstances, so it is risky to delay. Always check the specific deadline for your type of claim.

### Does it cost money to bring a claim?

There is currently no fee to issue a claim or attend a hearing at an employment tribunal in England, Wales or Scotland. Tribunal fees that existed previously were ruled unlawful in 2017. You may still face costs such as legal advice, lost time or expert reports, and in rare cases a tribunal can order a party to pay costs for unreasonable behaviour.

### Do I need a solicitor to go to a tribunal?

No. Tribunals are designed so that people can represent themselves, and many claimants do. You can also be helped by a trade union, an advice charity, a friend or a paid representative. Legal advice can be valuable for complex claims or large sums, but it is not a requirement to bring or defend a case.

### What can a tribunal order if I win?

Most commonly it awards financial compensation, made up of a basic award and a compensatory award reflecting your losses. For some claims it can also order reinstatement or re-engagement, declare your rights, or order specific payments such as unpaid wages or holiday pay. Awards for unfair dismissal are usually capped, while discrimination awards are not.

## Sources

- [Acas — Making a claim to an employment tribunal](https://www.acas.org.uk/making-a-claim-to-an-employment-tribunal)
- [GOV.UK — Make a claim to an employment tribunal](https://www.gov.uk/employment-tribunals)

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