The employment tribunal process, step by step

An employment tribunal is less formal than a court, but it is still a legal process with rules, deadlines and consequences for missing them. Knowing the shape of it removes a lot of the fear. Here is what actually happens, in order.

1. ACAS early conciliation

Before you can lodge a claim you must notify ACAS. A conciliator will offer to explore settlement with both sides. Your employer does not have to take part.

Notifying ACAS pauses the three months less one day time limit that applies to most claims. When conciliation ends you receive an early conciliation certificate with a unique reference number, which you need for the claim form.

2. The claim form, ET1

The ET1 sets out who you are, who you are claiming against, and what you say happened. There is no fee.

The details of claim section is the important part. It should identify the claims you are bringing, the key facts and dates, and what remedy you want. Vague or incomplete claims can be struck out or need amending later, which costs time and credibility, so this is the point at which advice pays for itself.

3. The response, ET3

The tribunal sends your claim to your employer, who has 28 days to respond. Extensions are common. If no response is filed, a judgment can be issued without a hearing.

Read the ET3 carefully. It tells you what is admitted, what is disputed, and what defence you have to answer.

4. Case management

The tribunal reviews the file and issues case management orders: a timetable for the steps below, and often a list of issues that defines exactly what the hearing will decide.

In more complex cases there will be a preliminary hearing, usually by telephone or video, to set that timetable. Sometimes a preliminary hearing decides a specific issue first, such as whether you are disabled within the meaning of the Equality Act, or whether the claim was brought in time.

5. Disclosure of documents

Both sides must disclose the documents relevant to the issues, including those that harm their own case. This is a legal obligation, not a courtesy, and deleting or withholding relevant documents is treated very seriously.

The documents are then compiled into an agreed bundle, paginated so everyone at the hearing is looking at the same page number.

6. Witness statements

Evidence in chief is given in writing. Each witness produces a statement setting out what they saw and did, cross-referenced to the bundle. Statements are exchanged simultaneously on a set date.

A good statement is chronological, factual and sticks to what the witness personally knows. Argument, speculation and character assessment do not help.

7. The final hearing

Unfair dismissal claims are usually heard by an employment judge sitting alone. Discrimination claims are normally heard by a judge with two lay members.

The order of play is broadly: the judge confirms the issues, witness statements are taken as read, then each witness is cross-examined by the other side and questioned by the panel, then both sides make closing submissions. In dismissal cases the employer usually goes first, because the burden is on them to show the reason for dismissal.

Hearings can run from a day to several weeks. You can represent yourself, be represented by a solicitor or barrister, or be assisted by a union representative.

8. Judgment and remedy

Judgment is sometimes given orally on the day and sometimes reserved and sent in writing weeks later. If you succeed, compensation may be decided at the same hearing or at a separate remedy hearing.

Remedies depend on the claim: a basic and compensatory award for unfair dismissal, subject to the statutory cap reviewed each April; uncapped compensation, including injury to feelings, in discrimination and whistleblowing claims; and orders for reinstatement or re-engagement, which are possible but rare.

Costs, appeals and settlement

Costs orders are unusual in the tribunal. Each side normally bears its own, which is a large part of why claims are brought at all. Costs can be awarded where a party has behaved unreasonably or pursued a hopeless claim.

Appeals go to the Employment Appeal Tribunal, and only on a point of law. Being unhappy with the findings of fact is not a ground of appeal.

Most claims never reach a hearing. Settlement is possible at any stage, and pressure to settle tends to rise after disclosure and again as the hearing approaches. Any settlement will be recorded either on an ACAS COT3 or in a settlement agreement.

Getting help

You can do this alone, and many people do. Representation tends to make the biggest difference where the facts are disputed, where there are several witnesses, or where the claim includes discrimination. If you want a realistic read on your prospects and value before committing time to it, a free enquiry will get you in front of a specialist employment solicitor quickly.