What Is the Employment Tribunal?
The Employment Tribunal (ET) is a specialist judicial body that hears employment disputes between employees and employers. It is separate from the civil courts and has its own rules under the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013. Proceedings are generally public — decisions are published on the Gov.uk website.
An ET panel typically consists of an Employment Judge (legally qualified) sitting alone, or with two lay members (one from an employer background, one from an employee/union background) for more complex claims.
Claims the Employment Tribunal Hears
The Employment Tribunal Process — Step by Step
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1
ACAS Early Conciliation — mandatory first step
Before lodging an ET1, you must contact ACAS. A conciliator is assigned to attempt settlement. The EC period (up to 6 weeks) pauses the time limit. If conciliation fails, ACAS issues a certificate with a reference number needed to submit the claim.
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2
ET1 Claim Form
Your solicitor drafts and submits the ET1 — the claim document that sets out the facts and legal basis of your claim. Poorly drafted ET1s are difficult to amend. The employer has 28 days to file an ET3 (response form) and can apply to strike out weak or vexatious claims.
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3
Case Management — Preliminary Hearings
The tribunal issues a Schedule of Loss (requiring you to quantify your claim) and may hold a preliminary hearing to resolve jurisdictional issues (e.g. employee vs contractor status, 2-year qualifying period). Disclosure of relevant documents is ordered.
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4
Disclosure, Bundle & Witness Statements
Both parties disclose relevant documents and agree a bundle. Witness statements are exchanged simultaneously before the hearing. Your solicitor prepares your statement — it stands as your evidence-in-chief.
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5
Final Hearing
The tribunal hears oral evidence and submissions. Most unfair dismissal hearings last 1–3 days; complex discrimination cases can take longer. Most cases settle before this stage — your solicitor negotiates throughout. The judgment is usually reserved (given later in writing).
Employment Tribunal Time Limits at a Glance
Frequently Asked Questions
Are employment tribunal hearings public?
Yes. Employment tribunal hearings are held in public by default, and judgments are published on the HMCTS website. Privacy is not guaranteed — if confidentiality is important, this is a strong reason to pursue settlement. A party can apply for a restricted reporting order in limited circumstances (e.g. allegations of sexual misconduct).
Do I pay tribunal fees?
No. Employment tribunal fees were abolished following the Supreme Court's decision in R (Unison) v Lord Chancellor [2017] UKSC 51. There is no charge to lodge a claim or respond. Costs orders against losing parties are rare in tribunals — each party usually bears their own legal costs.
Can I represent myself at an employment tribunal?
Yes — claimants can appear in person (as a litigant in person). However, complex discrimination and unfair dismissal cases involve detailed procedural rules, evidence law, and cross-examination skills. Studies consistently show that legally represented claimants achieve better outcomes. A solicitor can also help you settle on better terms before the hearing.
How long does an employment tribunal claim take?
From lodging the ET1 to a final hearing, most claims take 12–24 months depending on tribunal region and claim complexity. London Central is slower than more regional venues. Preliminary hearings and case management directions add to the timeline. Most cases settle before the final hearing — which is often the better outcome for both parties.
What if I miss the time limit?
The tribunal can extend the time limit where it was "not reasonably practicable" to present the claim in time (for most claims) or where it is "just and equitable" to do so (for discrimination claims — a wider discretion). Extensions are granted sparingly. Do not assume you can rely on this — contact a solicitor immediately even if you think you may be out of time.