Employment tribunal claims: the process, explained
An employment tribunal is the independent court that decides workplace disputes such as unfair dismissal and discrimination, after a mandatory free conciliation step through ACAS.
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Is a tribunal claim right for me?
A claim may be worth pursuing if:
- You have a recognised claim: unfair dismissal, constructive dismissal, discrimination, or unlawful deductions
- You are within the time limit, normally 3 months less one day
- Internal routes, such as a grievance or appeal, have failed or would clearly be pointless
- Your losses are significant enough to justify the time and any legal costs involved
- You want a genuine assessment first: our panel firms will tell you if a claim is not worth running
Not sure where you stand?
Two minutes of questions, and a specialist tells you what your options actually are.
⏱ The clock starts before ACAS, not afterYou must contact ACAS within 3 months less one day of the dismissal or act you are complaining about. Conciliation pauses the clock, but starting late usually ends the claim before it begins.
What the framework allows
Up to £123,543
Compensatory award cap for ordinary unfair dismissal, or 52 weeks' gross pay if lower
Uncapped
Discrimination awards, including injury to feelings, carry no statutory cap
3 months less one day
The usual deadline to start ACAS early conciliation
Where a specialist changes the outcome
Tribunal litigation is procedural. Deadlines for disclosure, witness statements and applications arrive continuously, and employers' solicitors use every missed step. Specialist representation removes that entire category of risk.
Claims are usually won in preparation, not at the hearing: the right documents demanded early, a schedule of loss that stands up, witness statements that address the legal tests. This is weekly work for our panel firms.
Settlement leverage comes from credibility. An employer who sees a properly prepared claim behind a specialist firm values it very differently from a litigant in person, and that is often the difference between a nuisance offer and a fair one.
The route a claim takes
1
Mandatory and free. You notify ACAS before issuing a claim, and a conciliator explores settlement with both sides for up to 6 weeks. The tribunal time limit pauses while conciliation runs.
2
If no settlement is reached, ACAS issues a certificate and you submit your ET1 claim form. Your employer responds with an ET3. How the claim is pleaded here shapes everything that follows.
3
Case management, disclosure of documents, witness statements and a schedule of loss. Settlement discussions often continue throughout this stage.
4
The tribunal hears evidence and decides the claim and any compensation. Most claims settle before reaching this point.
Tribunal claim FAQs
What is ACAS early conciliation?
A free step you must complete before most tribunal claims. You notify ACAS, a conciliator explores settlement with both sides for up to 6 weeks, and if no deal is reached you receive a certificate allowing you to issue your claim.
Does contacting ACAS commit me to a claim?
No. Early conciliation is confidential and without obligation. Many disputes settle at this stage without a claim ever being issued.
How much does it cost to bring a tribunal claim?
There are currently no tribunal fees to issue a claim. Your own legal costs depend on the firm and funding route, and each side normally pays its own costs whatever the outcome.
How long does a tribunal claim take?
Simple claims may be listed within months; complex discrimination claims can take a year or more to reach a final hearing. Most claims settle before then.
Can I run a claim myself?
You can, and some people do. But employers are usually represented, and the procedural stages, disclosure, witness statements and cross-examination are where unrepresented claimants most often lose winnable cases.
Understand your position
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