How an employment tribunal claim works

An employment tribunal claim runs in five stages: notify Acas, submit the claim, wait for the employer’s reply, attend a preliminary hearing, then a full hearing and decision. GOV.UK says there is no fee to make a claim. The tribunal is independent of government and hears both sides before it decides.

Stage one: Acas early conciliation

Before you claim, you usually need an early conciliation certificate from Acas for each person or organisation you are claiming against. If conciliation fails or either side declines, Acas issues the certificate, and you put its number on your claim. Acas early conciliation explains the stage in detail, including settlements.

The time limit is paused while Acas tries to settle the dispute. GOV.UK gives six months from when the problem happened for problems on or after 1 October 2026, and three months before that date. The clock starts on different dates depending on the claim: for unfair dismissal it is when employment ended, for discrimination the most recent incident. Our guide to employment tribunal time limits has the detail. If you live in Northern Ireland, the process differs, so see industrial tribunals in Northern Ireland.

Stage two: sending the claim

Claims are made online, or on form ET1 by post to the central office for England and Wales or for Scotland, depending on where you worked. You need names and addresses for you and the respondent, plus your certificate numbers. GOV.UK says the details are in your offer letter, contract or payslips.

The respondent is your employer, which in the public sector is the organisation itself, such as the NHS trust, council or academy trust named on your contract.

Stage three: the employer replies

The respondent usually has 28 days from receiving your claim form to reply in writing and give their side. If they do not reply, the tribunal may decide your case without a hearing. After the response, the tribunal decides whether there will be a full hearing.

Stage four: the preliminary hearing

You may be asked to attend an initial hearing in person, by phone or by video. The judge decides whether all or part of your claim can proceed, sets the date, time and length of the full hearing and says how both sides should prepare.

Preparation means sharing documents. You must give the respondent and the tribunal relevant documents, even if they do not help your case, and the tribunal usually sets a timetable. You can bring witnesses whose evidence is directly relevant. If one refuses to attend, you can ask the tribunal to order it, and you will usually pay their expenses.

Settlement can happen at any stage. If you reach agreement through Acas, Acas usually tells the tribunal. If you settle privately, you have to contact the tribunal yourself. To withdraw all or part of a claim, you must write to the tribunal.

Stage five: the hearing and decision

You should normally get at least 14 days’ notice of the date and time. The hearing is normally held at the tribunal office closest to where you worked, and the tribunal tells you whether it will be by phone, video or in person.

You present your case first, then the respondent. You normally give evidence first, unless your case is about unfair dismissal. The judge, the respondent and, in certain cases, two other tribunal members can ask questions. Bring every document you plan to use. The tribunal does not pay your travel expenses. You can bring a colleague or someone else to support you.

The decision usually arrives a few days or weeks after the hearing, though sometimes you are told at the hearing itself. Decisions are published on GOV.UK.

If you win

The tribunal can order the other side to pay compensation, repay witness expenses, take steps to reduce the effect of discrimination or, where appropriate, give you your job back. Amounts depend on the type of case, your financial losses and factors such as age, length of service and salary, and some cases have limits.

If the respondent does not pay, you can ask the Fair Work Agency to contact them. They get a warning notice and, if they do not respond within 28 days, may have to pay a fine. You can also go to court, but not while the respondent is appealing or about to. They have 42 days to appeal. Enforcement in England and Wales costs £71 for a High Court enforcement officer under the Fast Track route or £83 for a county court warrant, and the cost is added to the debt.

If you lose

You can ask the tribunal to reconsider within 14 days of the written decision being sent, with good reasons such as a tribunal mistake, not being told about the hearing or new evidence. If you think the tribunal made a legal mistake, you can appeal to the Employment Appeal Tribunal.

Your trade union or the Acas helpline can advise before you start. Trade unions in the public sector explains what unions can offer.