Frequently Asked Questions
What is the Basic Award in employment tribunal?
The Basic Award is calculated using the statutory redundancy formula: 0.5 × weekly pay for each year under 22, 1 × for ages 22–40, and 1.5 × for 41+. Weekly pay is capped at £643 (2025/26).
What is the Compensatory Award?
The Compensatory Award compensates for financial loss: lost earnings, benefits and future loss of employment. Capped at £115,115 or 52 weeks' gross pay (whichever is lower) for unfair dismissal in 2025/26.
Is there a cap on discrimination awards?
No — discrimination claims (under the Equality Act 2010) have no cap on financial compensation. Injury to feelings awards use the Vento bands.
What are the Vento bands?
Vento bands (updated 2024): Lower £1,100–£11,200 (minor), Middle £11,200–£33,700 (serious), Upper £33,700–£56,200 (most severe discrimination). Plus aggravated damages in the most serious cases.
Are ET awards taxable?
The first £30,000 of an ET award is tax-free. Anything above £30,000 is taxable as income. Injury to feelings awards are generally tax-free.
What is ACAS Early Conciliation?
Before filing an ET1, you must notify ACAS. ACAS contacts both parties to attempt settlement. This stops the 3-month clock. Most cases settle at or before this stage.
What is the time limit for ET claims?
3 months less 1 day from the date of dismissal/act complained of. The clock can be extended for ACAS Early Conciliation. Missing this deadline is usually fatal to the claim.
Can the tribunal reduce an award?
Yes — tribunals can reduce awards for: Polkey reduction (dismissal fair if procedure followed), contributory fault (if employee contributed to dismissal), failure to mitigate losses, or ACAS Code breach.
What is a Schedule of Loss?
A document listing all financial losses claimed: lost wages to date, future loss of earnings, pension loss, statutory rights loss, loss of benefits. Required before final hearing.
Can I represent myself at tribunal?
Yes — tribunal proceedings are less formal than court. Many claimants are self-represented (litigants in person). ACAS provides free guidance. Free legal help may be available via law centres or trade unions.
What is a deposit order?
A tribunal can order a claimant (or respondent) to pay up to £1,000 if their case has little prospect of success. Failure to pay leads to case dismissal.
Do I need to pay to use the employment tribunal?
No — since 2017, there are no ET fees for claimants following the Supreme Court ruling in Unison v Lord Chancellor. The ET is free to use.