What Is an Employment Tribunal?
An Employment Tribunal (ET) is an independent judicial body that hears disputes between employees (or workers) and employers about employment rights. They are part of the UK's tribunal system and operate alongside (but separately from) the civil courts. Tribunals are presided over by an Employment Judge (a qualified lawyer), often sitting with two lay members who bring practical business and employee perspectives.
Employment Tribunals handle a wide range of claims, from straightforward wage disputes to complex multi-year discrimination cases. They are designed to be more accessible and less formal than civil courts, although procedures have become more formal over the years. There are no fees to bring a claim (since 2017), and you do not need a lawyer — though many claimants do use one.
Types of Claims Handled by Employment Tribunals
| Claim Type | Time Limit | Qualifying Period | Compensation |
|---|
| Unfair dismissal | 3 months | 2 years' service | Capped: £115,115 or 52 wks pay |
| Discrimination (all 9 protected characteristics) | 3 months | None (day 1) | Unlimited |
| Whistleblowing (protected disclosure) | 3 months | None (day 1) | Unlimited (automatic UFD) |
| Unlawful deduction from wages | 3 months | None (day 1) | Amount owed |
| Holiday pay | 3 months | None (day 1) | Amount owed |
| Redundancy pay | 6 months | 2 years' service | Statutory amount |
| Equal pay | 6 months (in-service) / 6 years (post-employment) | None (day 1) | Backdated pay |
| Breach of contract (pay in lieu, notice) | 3 months | None (day 1) | Up to £25,000 |
| TUPE (transfer of undertakings) | 3 months | Varies | Minimum 13 weeks' pay |
| Right to be accompanied | 3 months | None (day 1) | Up to 2 weeks' pay |
The Process: Step by Step
Step 1Internal Grievance (Optional but Advisable)
Before contacting Acas, consider raising a formal internal grievance. This is not legally required for most claims, but tribunals look favourably on claimants who attempted to resolve the issue internally. Failing to do so without good reason can result in a reduction in any compensation award (the Polkey deduction).
Step 2Acas Early Conciliation — Mandatory First Step
Since 6 May 2014, you must contact Acas before submitting a tribunal claim. Complete the online form at acas.org.uk or call 0300 123 1100. Acas will ask both parties if they wish to enter conciliation. If yes, a conciliator is assigned (not a mediator) to help the parties explore settlement. The clock stops during conciliation. Maximum conciliation period: up to 6 weeks. If it fails, Acas issues an EC certificate with a unique number you need for your ET1.
Step 3Submit ET1 Claim Form
Go to employment tribunal claims (justice.gov.uk). Complete the ET1 form with your Acas EC number. You must submit within the adjusted time limit (3 months for most claims, minus 1 day, plus any Acas pause days). Submit online — you get immediate acknowledgement. Once accepted, the tribunal sends the claim to the respondent (employer).
Step 4Respondent's ET3 Response
The employer (respondent) has 28 days to submit their response on an ET3 form. They can admit the claim, dispute it, or raise a counterclaim (for breach of contract in employment only). If the employer does not respond, the tribunal may enter a default judgment in your favour.
Step 5Case Management and Preliminary Hearings
A Case Management Order (CMO) may be issued setting out directions: exchange of documents (disclosure), witness statements, and a schedule of loss. A preliminary hearing may take place to determine whether the claim has reasonable prospects, strike out weak claims, or deal with jurisdictional issues. Both parties exchange evidence before the final hearing.
Step 6Final Hearing
The final hearing is the trial. Both parties present evidence and witness statements. Witnesses can be cross-examined. The judge asks questions. Both parties may make closing submissions. The tribunal then delivers its judgment — sometimes on the day, often in writing weeks later. If you win, a remedies hearing may follow to determine the amount of compensation.
Step 7Appeal
Either party can appeal to the Employment Appeal Tribunal (EAT) on a point of law only — not simply because they disagree with the outcome. Appeals must be lodged within 42 days of the judgment. Further appeals go to the Court of Appeal and ultimately the Supreme Court on important points of law.
Compensation — What Can You Win?
Unfair Dismissal Compensation Limits 2025/26
£115,115
Maximum compensatory award (or 52 weeks' gross pay — whichever is lower)
£21,000
Maximum basic award (30 weeks × £643 weekly cap × age multiplier 1.5)
£643
Weekly pay cap for basic award calculations
Unlimited
Discrimination, whistleblowing, and automatically unfair dismissal claims
How the Basic Award Is Calculated
The basic award mirrors the statutory redundancy payment calculation:
- 0.5 weeks' pay for each year of service under age 22
- 1 week's pay for each year of service aged 22 to 40
- 1.5 weeks' pay for each year of service aged 41 and over
Weekly pay is capped at £643 (2025/26) and only the last 20 years of service count. The basic award can be reduced for contributory fault or if you unreasonably refused a reinstatement offer.
The Compensatory Award
The compensatory award compensates for actual losses caused by the dismissal. It includes:
- Loss of earnings from dismissal to finding new work (or tribunal date)
- Future loss of earnings (if not yet re-employed)
- Loss of statutory rights (typically £500–1,000 nominal award)
- Loss of pension rights
- Expenses incurred seeking new employment
The tribunal will reduce the compensatory award for contributory fault (if your behaviour contributed to the dismissal) and for Polkey reductions (if a fair procedure would have been followed, would the outcome have been the same?). You also have a duty to mitigate your loss — actively seeking alternative employment.
Discrimination Compensation — No Cap
Compensation for discrimination claims (sex, race, disability, age, religion, sexual orientation, gender reassignment, marriage/civil partnership, pregnancy/maternity) is unlimited. Awards include:
- Financial losses (same categories as compensatory award)
- Injury to feelings (Vento bands): Lower (£1,100–11,200), Middle (£11,200–33,700), Upper (£33,700–56,200)
- Personal injury (if psychological harm caused)
- Aggravated damages (if employer behaved in a high-handed, malicious way)
- Interest on all amounts at 8% per year
Settlement and COT3 Agreements
The vast majority of employment tribunal claims settle before a final hearing. A settlement facilitated through Acas is recorded on a COT3 agreement — a binding contract that typically includes a financial payment and a confidentiality clause. Alternatively, parties can reach a settlement agreement (formerly a compromise agreement), where the employee waives their claim in exchange for payment. A settlement agreement requires the employee to take independent legal advice from a qualified solicitor, and the employer typically contributes to those legal costs.
Settlement tip: Most tribunal claims settle. Acas data shows around 70-75% of claims are resolved before a final hearing, either through Acas conciliation or direct negotiation. Even starting the ET process often motivates employers to engage in settlement discussions.
Frequently Asked Questions
How long do I have to bring an employment tribunal claim?
For most claims — unfair dismissal, all forms of discrimination, unlawful deduction from wages, holiday pay — you have 3 months minus 1 day from the act complained of (usually the date of dismissal or the last incident in a discriminatory course of conduct). For redundancy pay claims the limit is 6 months. The clock is paused while you go through Acas early conciliation. Missing the deadline is almost always fatal to your claim — tribunals rarely extend time limits and only in genuinely exceptional circumstances.
Do I have to go through Acas before making a tribunal claim?
Yes — early conciliation through Acas has been mandatory since 6 May 2014 for all claims to the Employment Tribunal. You cannot submit an ET1 form without an Acas EC certificate number. The process involves Acas contacting your employer to explore settlement. You are not obliged to settle — if either party declines or conciliation fails, Acas issues the certificate usually within a day. The good news is this pauses the 3-month clock, giving you more time.
Is there a fee to bring an employment tribunal claim?
No. Employment tribunal fees were abolished by the Supreme Court in R (Unison) v Lord Chancellor [2017] UKSC 51, which found the fee regime was unlawful because it prevented workers from accessing justice. There is no fee to submit an ET1, attend preliminary hearings, or attend the final hearing. However, you may incur costs for legal representation, travel, and obtaining evidence. In rare cases where a claim is found to be vexatious or frivolous, the tribunal may order costs against you — but this is unusual.
What is the maximum compensation for unfair dismissal?
Unfair dismissal compensation consists of two parts. The basic award is calculated like redundancy pay (capped at £21,000). The compensatory award is capped at the lower of £115,115 or 52 weeks' gross pay for 2025/26. These caps do not apply to automatic unfair dismissal claims (e.g. dismissal for whistleblowing, trade union membership, pregnancy, or asserting a statutory right) or discrimination claims, where compensation is unlimited.
Do I need a solicitor for an employment tribunal?
You have the right to represent yourself — called being a "litigant in person" — and many people do so successfully, particularly for straightforward wage claims. Free help is available from ACAS, Citizens Advice Bureau, Law Centres, and Employment Tribunals themselves publish guidance notes. However, for complex discrimination claims, claims involving significant sums of money, or cases where the employer has legal representation, specialist employment solicitors or employment barristers materially improve your chances. Many offer free initial consultations, and some work on a conditional fee (no-win no-fee) basis.
Can my employer counter-claim against me?
Yes, but only for breach of contract — and only if the contract was terminated (so current employees cannot face a tribunal counter-claim). Employers can counter-claim for things like loans repayment, training cost clawback, or restrictive covenant damages, capped at £25,000 in the Employment Tribunal. Counter-claims for personal injury or claims above £25,000 must go to the civil courts. An employer cannot counter-claim for the cost of defending the tribunal itself.
How long does an employment tribunal case take?
Waiting times vary considerably by tribunal region and complexity. Simple single-issue claims (e.g. one-off wage deduction) might be heard within 6-9 months. Standard unfair dismissal claims currently average 12-18 months from ET1 submission to final hearing. Complex discrimination cases can take 2-4 years, particularly those involving multiple incidents over a long period or requiring medical evidence. The pandemic caused significant backlogs which are still being worked through. Acas settlement can resolve cases far more quickly.