Making a Claim to the Employment Tribunal

Employment Tribunal Claim

Navigating an employment tribunal claim can seem daunting, but by understanding the process and leveraging available support, individuals can confidently pursue their rights. It is crucial to properly prepare and present your claim, and with the right assistance, this doesn't have to be prohibitively costly.

Understanding the Employment Tribunal Claim Process

Bringing an employment tribunal claim involves several key steps, designed to ensure fairness and adherence to legal procedures. The Employment Tribunal Procedure Rules 2024 (ET Rules 2024), which came into force on 6 January 2025, govern this practice and procedure in the UK. These rules aim to enable the Tribunal to deal with cases fairly and justly, ensuring parties are on an equal footing, avoiding unnecessary formality and delay, and saving expense.

The process typically unfolds as follows:

1. Getting Started Initial Steps Before anything else, you should gather all relevant information and documents related to your employment issue. It is vital to identify your specific claim, such as unfair dismissal or discrimination, and to check your eligibility (e.g., employment status, length of service). Crucially, be aware of the strict three-month time limits for most claims, though Acas Early Conciliation can extend this period. You should also assess the strength of your case based on evidence and witness support, and define what outcome you hope to achieve, such as financial compensation or reinstatement.

2. Acas Early Conciliation (EC) This is a mandatory step for most claims before you can submit your claim to the tribunal. You must contact Acas (the Advisory, Conciliation and Arbitration Service) to initiate conciliation, during which an officer will try to facilitate a settlement between you and your employer. If no settlement is reached, Acas will issue a certificate, which is essential for your ET1 form. The Tribunal actively encourages the use of Acas services and other alternative dispute resolution methods.

3. Presenting Your Claim (ET1) is formal claim is presented to the employment tribunal using the standard ET1 form. It is critical to clearly and concisely detail your claim, as this forms the tribunal's first impression. The form can be submitted online, by post, or by hand, and must include your Acas EC certificate number. The tribunal will check your form for completeness and jurisdiction, and you will be informed if it's rejected, along with reasons and reconsideration processes.

4. Responding to the Employer's Defence (ET3) After receiving your claim, your employer has 28 days to submit their defence (ET3). You must carefully review the ET3 to understand their arguments and identify disputed points. At this stage, you should begin gathering witness and documentary evidence to support your case and counter the employer's points.

5. Tribunal Process & Preparation includes the tribunal will issue case management orders to guide the preparation of the case for a hearing. These orders include directions for exchanging documents (disclosure) and witness statements. You will also need to draft a Schedule of Loss, outlining the financial compensation you are seeking, and keep records of all steps taken to mitigate your loss (e.g., job applications for new employment). Preliminary hearings may be held to discuss case management or specific issues.

6. Settlement Discussions involve many claims are resolved before reaching a final hearing. Settlements can be negotiated directly with your employer, through Acas, or via mediation. If terms are agreed, they will be recorded in a formal document like a Settlement Agreement or COT3.

7. The Final Hearing takes place if your claim proceeds, it will be heard at a final hearing. Thorough preparation is key: ensure all documents are in order, witness statements are updated, and you are ready to present your case. At the hearing, you will present evidence (examination in chief), cross-examine witnesses, and make closing arguments. Tribunals are generally less formal than civil courts, and the procedure allows for flexibility in hearing evidence.

8. The tribunal will issue its decision (judgment), either orally or in writing. If successful, the tribunal will determine the compensation or other remedies. It's important to note that costs are rarely awarded in employment tribunals, though you may apply for witness expenses. If you disagree with the judgment, you can apply for reconsideration by the tribunal or appeal to the Employment Appeal Tribunal (EAT). If an award is unpaid, enforcement proceedings may be necessary.

The Importance of Proper Claim Submission

Presenting your claim correctly is paramount. The Tribunal has the authority to reject a claim if it is not made on the prescribed form, lacks mandatory information (such as claimant/respondent names and addresses), or does not include an Acas early conciliation number or valid exemption. Claims can also be rejected if the Tribunal has no jurisdiction or if the form is unintelligible or an abuse of process.

Even if a claim is initially accepted, the Tribunal conducts an "initial consideration" (also known as the "sift stage") to confirm arguable complaints and defences within its jurisdiction. If a claim, response, or reply is deemed to have no reasonable prospect of success, or if the Tribunal lacks jurisdiction, it may be dismissed. Similarly, failure to comply with tribunal rules or orders can lead to a claim, response, or reply being struck out, effectively ending that part of the case.

“This rigorous process underscores the need for accuracy
and completeness from the outset.”

Our Services: Affordable, Expert Support for Your Tribunal Claim

At Employment Law UK, we understand the complexities of employment tribunal claims and offer a range of services to empower you to navigate this process effectively, emphasizing that it doesn't need to be costly.

We provide free, impartial advice on various workplace rights, including contracts, pay, redundancy, and discrimination. Our free advice call-back allows you to ask questions you may be uncertain about. Additionally, we offer comprehensive, free online employment law templates and guides covering essential topics like contracts of employment, disciplinary issues, wages, working hours, and employee rights. Being informed empowers you to handle workplace conflict confidently.

Our Fee Structure

For more specific needs, we offer affordable, expert tribunal drafting services without the typical solicitor fees: