Employment Tribunal Claim Steps: How to Make a Claim
Updated: 2 days ago
Bringing an employment tribunal claim can feel daunting. This is true whether you are an employee or an employer. Knowing the steps helps you prepare well and improve your chances of a good outcome. This guide walks you through each stage of an employment tribunal claim in England and Wales.
The rules differ slightly in Scotland and Northern Ireland. This guide is general information, not legal advice. Take legal advice on your own case.
What employment tribunals deal with
Employment tribunals hear disputes between workers and employers. Common claims include:
unfair dismissal
discrimination at work
unpaid wages or holiday pay
equal pay
redundancy pay
detriment for whistleblowing
Each type of claim has its own rules. The steps below apply to most of them.
1. Early conciliation: try to settle first
Early conciliation is the first step in most cases. It aims to settle the dispute before it reaches a hearing. The Advisory, Conciliation and Arbitration Service (Acas) runs it. An impartial conciliator helps both sides talk.
In most cases, you cannot make a claim without an early conciliation certificate from Acas. Early conciliation can save time and legal costs. It can also protect working relationships.
How does it work?
Starting: you contact Acas, usually online. The service is free. The other side does not have to take part.
The conciliation period: the conciliator speaks to each side. The period is usually up to six weeks. It can be extended if both sides agree.
The outcome: if you agree a deal, it is recorded in a COT3 settlement. This is legally binding. If you do not agree, Acas issues the certificate. You can then make your claim.
You can find out more on the Acas early conciliation page.
2. Make an employment tribunal claim: the ET1 form
The ET1 form is the official claim form. It asks for details of the claim, the people involved and the legal basis for the complaint. You can submit it online. The government explains how to make a claim to an employment tribunal.
The time limit
The usual time limit is three months less one day from the event. This could be the date of dismissal or the last act of discrimination. The time limit is strict. A late claim may be rejected. Tribunals can allow exceptions in limited cases.
Early conciliation can pause the clock while it runs. Do not rely on this. Check your own dates as early as you can.
In most cases, you must claim within three months less one day. Some claims have longer limits. Equal pay and redundancy pay claims usually have six months. If you are not sure which limit applies, ask for advice straight away.
Completing the ET1 form
Your details: your full name, address and contact information.
The employer's details: the employer's name and address. For a large organisation, use the correct legal entity.
Details of the claim: explain your complaint clearly. Be concise but thorough. Set out the key events and the legal grounds, such as unfair dismissal, discrimination or unpaid wages.
What you want: say what outcome you seek, such as compensation or reinstatement.
3. The employer's response: the ET3 form
The ET3 form is the employer's reply to the claim. It lets the employer contest the claim and give their version of events. It also sets out any defences.
The deadline
The employer usually has 28 days from receiving the claim to send the ET3. If the employer does not reply in time, the tribunal can issue a judgment without hearing their side.
Completing the ET3 form
The employer's details: name, address and contact information.
The response: the employer answers each allegation in the claim form.
Legal defences: for example, that the dismissal was fair or that discrimination did not occur.
Counterclaims: in limited cases, the employer can bring a counterclaim, usually for breach of contract.
4. Preliminary hearing: setting the stage
A preliminary hearing is a short hearing before the main one. A judge deals with procedural issues. The judge may also decide whether the claim can go ahead.
What happens at a preliminary hearing?
Clarifying the issues: the judge checks that both sides understand what the dispute is about.
Deciding on applications: the judge can rule on requests, such as for documents or witness orders.
Deciding jurisdiction: sometimes the tribunal must decide if it can hear the claim at all. A late claim is one example.
Case management orders: the judge sets deadlines for exchanging documents and witness statements.
How to prepare
Review the case: know the issues that may arise.
Prepare evidence: gather what supports your case and be ready to use it.
Consider representation: a legal representative can speak for you and guide you through the procedure.
5. Case management orders: organising the process
Case management orders are instructions from the tribunal. They set out tasks that both sides must complete before the final hearing.
Types of orders
Exchange of documents: both sides may need to share documents, such as employment contracts, emails and payslips.
Witness statements: each side submits written statements from the witnesses they will call. They should give a clear account of what the witness knows.
List of issues: the parties may agree a list of the issues to decide.
Expert reports: in some complex cases, the tribunal may order expert reports.
Follow the orders
You must follow every order. If you do not, the tribunal can penalise you. In serious cases, it can strike out your claim or your defence.
6. Gathering evidence: building a strong case
The strength of your case depends on the quality of your evidence. The tribunal decides on the evidence it is given. So gather everything that supports your side.
Types of evidence
Documents: employment contracts, disciplinary records, emails, meeting notes and payslips. Keep them organised and relevant.
Witness statements: written accounts from people who saw the events. They should be clear and detailed.
Expert reports: in technical cases, an expert can give an impartial view.
Oral evidence: at the hearing, witnesses may be asked to give evidence. This works best when it matches the documents.
Organising your evidence
Chronological order: put documents in date order. This shows a clear timeline.
Relevance: include only evidence that bears on the issues.
Clarity: label and index your evidence so you can find it quickly.
7. The final hearing: presenting your case
The final hearing is where both sides present their cases. It is the most important stage. The tribunal hears the evidence, questions witnesses and makes a decision.
Structure of the hearing
Opening statements: each side may outline the key points of its case.
Evidence: the claimant usually goes first, then the employer. Each side submits evidence and calls witnesses.
Cross-examination: after a witness gives evidence, the other side can question them. This tests how reliable the evidence is.
Closing statements: each side sums up its case and the key evidence.
How to prepare
Know your case: be familiar with the evidence. Practise your statements and prepare for cross-examination.
Consider representation: legal help is valuable in cross-examination and legal argument. Some people use a trade union representative.
Stay organised: keep your documents in order.
8. The tribunal's decision
After the hearing, the tribunal considers the evidence and decides. The decision may be given out loud at the end of the hearing. It may instead come in writing later.
Possible outcomes
Successful claim: the tribunal may award compensation, reinstatement or a declaration of rights.
Unsuccessful claim: the tribunal dismisses the case, and no remedy is awarded.
Partial success: the tribunal may find for the claimant on some issues but not others. The remedy reflects this.
For more on compensation, see our guides on compensation claims for unfair dismissal and employment tribunal compensation limits.
Understanding the decision
The tribunal gives reasons for its decision. These include its findings of fact and the legal principles it applied. You will need this document if you want to appeal.
9. Appeals: challenging the decision
Either side can appeal to the Employment Appeal Tribunal. But appeals are allowed only on legal grounds. These include an error of law or an unfair procedure. You must appeal within 42 days of the date the written reasons were sent. See our guide to employment tribunal appeals and the government page on how to appeal to the Employment Appeal Tribunal.
Where to get help
If you need help, you do not have to do it alone. Acas gives free advice by phone and online. Citizens Advice can also help. If you are in a trade union, ask your union rep. They may support you or arrange legal help.
Keep copies of everything you send and receive. Write down the key dates. Small steps like these make the process much easier.
Next steps
An employment tribunal claim has strict time limits and many stages. Take legal advice early. A solicitor can check your deadlines, explain your options and help you prepare. You can also read about constructive dismissal claims if you resigned because of how you were treated.
