Employment Tribunal Claims: Step-by-Step

Employment Tribunal Claims: Step-by-Step — a practical, authoritative guide for claimants and employers navigating workplace disputes.

Table of Contents

Introduction

If you are thinking about taking an Employment Tribunal claim, this step-by-step guide explains what to do from early conciliation through to the hearing, including filling the ET1 form, meeting time limits, preparing an evidence bundle and understanding likely compensation outcomes. Employment Tribunal Claims: Step-by-Step shows practical actions you can take now.

Step 1 — Consider Alternative Resolution (Early Conciliation)

Early conciliation with ACAS is usually mandatory before starting a tribunal claim. It gives you a chance to settle without formal proceedings and must be started within the tribunal time limit. ACAS issues a certificate you will need when submitting the ET1.

How early conciliation works

Contact ACAS (online or by phone).
Provide basic details of the dispute.
ACAS conciliator will contact the respondent and try to reach a settlement.
If no settlement, ACAS issues a certificate and a reference number you must include on your ET1.

Step 2 — Time Limits and Deadlines

Most claims must be started within 3 months minus 1 day from the date of the incident. Some claims (statutory redundancy, equal pay) have a 6 months minus 1 day deadline. Missing the deadline can prevent your claim proceeding.

Step 3 — Completing the ET1 (How to Fill the Form)

The ET1 form is the official claim form used to start a tribunal. Be clear and chronological: give dates, identify respondents, describe the acts complained of, and state the remedy you seek. You can file online via GOV.UK or use the paper ET1.

Practical tips for ET1

Keep language factual — avoid emotional or speculative phrasing.
Use numbered paragraphs for each issue and date.
Attach key documents and reference them (e.g., ‘See bundle tab 3 — payslips’).
State compensation or remedies if known (loss of earnings, injury to feelings, etc.).

Step 4 — What Can I Claim at an Employment Tribunal?

Claims can include unfair dismissal, discrimination, whistleblowing detriment, unpaid wages, unlawful deduction from wages, redundancy pay and more. Remedies include compensation (basic and compensatory awards), declarations and sometimes orders. Compensation caps and week’s pay limits are updated periodically; recent changes effective 6 April 2025 increased the week’s pay limit and unfair dismissal cap.

Step 5 — Preparing Evidence and the Bundle

A properly prepared evidence bundle is essential. Include your contract, payslips, performance reviews, emails, grievance records, and witness statements. Number documents, produce an index and paginate the bundle. Tribunal rules expect a coherent, cross-referenced bundle.

Witness statements

Witness statements should be factual and signed.
Include who the witness is, their role, and what they saw or heard.
Keep statements concise and linked to documents in the bundle.

Step 6 — The Respondent’s Response and Case Management

After your ET1 is sent, the respondent must file an ET3 response (or a response online). The tribunal may issue case management directions: timelines for disclosure, witness statements, and preparing the bundle. Follow directions tightly; failure can harm your case.

Step 7 — Disclosure and Document Exchange

Both parties must exchange relevant documents. Keep a disclosure log and preserve original records. Disclosure includes documents that support or undermine either party’s case. Be proactive: disclose helpful documents early and link them to witness statements.

Step 8 — Settlement Options (COT3 and Agreements)

Many claims settle before hearing. ACAS can propose a COT3 settlement agreement; parties can agree payments, references and confidentiality. Before signing any settlement, check tax and future employability implications and get legal advice where possible.

Step 9 — Preparing for the Hearing (What to Expect)

Hearings vary: preliminary remote hearings, short final hearings, or multi-day in-person hearings. Read the tribunal’s T425 ‘The hearing’ guidance for practical expectations. Prepare opening and closing statements, ensure witness availability, and rehearse evidence references.

On the day of the hearing

Arrive early (or log in early for remote hearings).
Dress professionally; present calmly.
Bring multiple copies of the bundle for the tribunal and respondent.
Listen to questions carefully; answer briefly and truthfully.

Step 10 — Remedies, Compensation and Limits

Compensation can include basic awards (similar to redundancy-based calculations) and compensatory awards for loss. There are statutory caps which change — recent increases came into effect on 6 April 2025; check current figures before advising clients.

Practical Timetable Example

Day 0: Incident occurs — note date.
Within 3 months minus 1 day: Start ACAS early conciliation.
After ACAS certificate: File ET1 (you will have at least 1 month from certificate to file).
Respondent files ET3; tribunal issues directions.
Disclosure and bundle preparation (weeks–months depending on complexity).
Hearing date set; attend hearing.

Tips for Employees (Claimants)

Keep a clear record of dates and communications.
Start early conciliation promptly.
Be realistic about remedies — tribunals aim to compensate losses, not punish employers.
Consider the cost-benefit of legal representation.

Tips for Employers

Respond swiftly to ET1/ET3 deadlines.
Preserve documents and keep witness lists ready.
Consider early settlement to limit costs and reputational risk.
Review HR procedures to reduce future risks.

Common Pitfalls to Avoid

Missing time limits.
Poorly organised bundles.
Over-reliance on hearsay instead of witness statements.
Signing settlement agreements without understanding tax or reference effects.

Employment Tribunal Claims: Step-by-Step — Checklist

Final Checklist Before Filing ET1

Early Conciliation certificate number from ACAS.
Time limit check (3 months minus 1 day or 6 months for specific claims).
Completed ET1 and supporting documents in a numbered bundle.
Consider legal advice and note likely compensation caps.

Detailed Example: Filling ET1 — Wording and Structure

When completing the ET1, structure your claim clearly. Use short numbered paragraphs. Example structure:

Parties and dates: State your name, employer’s name and the key date(s).
Summary of complaint: One-sentence overview of the claim (for example: ‘I was unfairly dismissed on 1 March 2025 after being dismissed without fair procedure’).
Detailed facts: Numbered chronological events with dates, e.g., ‘1 March 2025 — manager informed me…’
Relevant documents: List key documents and where they appear in the bundle (e.g., ‘see bundle tab 2, email dated 28 Feb 2025’).
Legal basis and remedies: State the type of claim (unfair dismissal, disability discrimination, whistleblowing detriment) and the remedy sought (compensation for loss of earnings and injury to feelings).

Calculating Losses — Practical Notes

Tribunals calculate loss of earnings based on actual losses (pay slips, P60s). For unfair dismissal basic awards, statutory formulas use weeks’ pay with caps that change (examples updated April 6, 2025). Tribunals also consider injury to feelings using the Vento bands for discrimination. Accurate calculations need documented evidence and may require expert payroll input for complex cases.

Vento Bands (for discrimination injury to feelings)

While precise bands change, tribunals use three general brackets: lower, middle and upper — lower for less serious breaches and upper for the most serious cases. Always check current Vento guidance or solicitor summaries for up-to-date figures.

Model Witness Statement Template

A witness statement should be dated, signed and follow this order:

Statement of truth (e.g., ‘I believe the facts stated in this witness statement are true’).
The witness’s role and relationship to parties.
Chronology of what they saw or heard, with dates.
Link to documents (e.g., ‘I refer to email of 2 Feb 2025 at bundle p.12’).

Running a Tribunal Case — Strategy Points

Focus on coherent chronology: tribunals like clear timelines.
Link documentary evidence to witness testimony and legal submissions.
Consider limited disclosure requests to reduce document overload.
Use concise skeleton arguments for hearing to guide the tribunal through the legal points.

Costs and Representation

There are no general court fees for making or defending tribunal claims, but legal fees can be significant. Many claimants use solicitors on conditional fee agreements or pay-as-you-go advice. Trade unions and Citizens Advice can help with representation or casework. Employers often use in-house HR or external counsel. Consider the cost-benefit before litigating.

Remote Hearings and Digital Evidence

Since 2020, many tribunals have used remote hearings for preliminary matters or short claims. Ensure your technology works: stable internet, good camera, and a quiet room. Submit digital bundles per tribunal directions and ensure hyperlinks are accurate if permitted. Check tribunal guidance on remote hearings.

Special Situations

Multiple Respondents

If multiple employers or third parties are involved, you may need separate early conciliation certificates for each respondent. The ET1 must name all respondents.

Disability or Reasonable Adjustments

If you have a disability, notify the tribunal early and request reasonable adjustments (extra time, different hearing format). The tribunal will consider adjustments to enable fair participation.

Collective Redundancies and Protective Awards

If your claim relates to collective redundancies, different rules and protective awards may apply; see GOV.UK guidance on protective awards and consultation obligations.

Action Plan — 30 Day Checklist for Claimants

Day 0–3: Note dates, preserve evidence, contact ACAS for early conciliation.
Day 4–14: Gather documents, draft chronology and witness contact details.
Day 15–30: Obtain ACAS certificate, finalize ET1, file ET1, and prepare initial skeleton of bundle.

How Employers Should Prepare if Responding

Appoint a lead contact for tribunal correspondence.
Check HR files, disciplinary records and obtain witness statements.
Assess settlement options early and obtain legal advice.
Prepare a concise response (ET3) and propose case management dates where possible.

Common Pitfalls and Practical Advice

Preserve emails and message histories immediately.
Avoid deleting or altering documents — spoliation can have adverse consequences.
Be careful with social media comments during a live dispute.
Keep your chronology short, accurate and dated.

Example Skeleton Argument (Short)

Introduction: Identify parties and issues.
Facts: Concise chronology with references to bundle pages.
Legal issues: List legal claims (e.g., unfair dismissal, discrimination under Equality Act).
Application of law to facts: Link evidence to elements of each cause of action.
Remedy: State what you seek and why.

Settlement Negotiation Checklist

Decide minimum acceptable financial settlement.
Consider non-financial terms: agreed reference, confidentiality, return of property.
Ask for a written draft settlement (COT3 or contract) and review tax implications.
Keep communications clear and document offers and rejections.

Costs Example (Illustrative)

Legal fees vary widely. A solicitors’ fixed-fee initial review may be inexpensive, but full representation at hearing can cost several thousand pounds. Weigh potential recoverable awards against costs and likelihood of success.

Useful Links and Reading

ACAS early conciliation and guidance.
GOV.UK forms ET1/ET3 and hearing guidance.
Citizens Advice on preparing tribunal cases.

Short Case Study (Illustrative)

Sara, a payroll administrator, raised safety concerns and was informally disciplined within weeks. She contacted ACAS for early conciliation at 6 weeks, obtained a certificate, and filed an ET1 with a clear chronology and a bundle containing emails and witness statements. The parties negotiated and settled on a COT3 payment covering loss of earnings and an agreed reference. The case shows early action, good document preservation and realistic settlement expectations can avoid a hearing.

What Happens After Judgment?

If you win, the tribunal issues a judgment detailing remedies. Employers should comply with orders promptly. If a respondent refuses to pay, claimants can enforce awards through court enforcement mechanisms. Both parties can ask for costs in limited circumstances, but costs awards are rare in employment tribunals. Check the tribunal’s paperwork for enforcement steps.

Next Steps: Immediate Actions (Today)

Note the key date, gather primary documents, contact ACAS for early conciliation, and draft a one-page chronology. If the matter is complex, contact a specialist employment solicitor for tailored advice.

Act promptly — time limits are strict and evidence is easiest to collect early.

Frequently Asked Questions

1. How long do I have to start an Employment Tribunal claim?

Most claims must be filed within 3 months minus 1 day from the date of the incident or dismissal. Early Conciliation stops the clock temporarily, but you must still act quickly.

2. Do I need a lawyer for an Employment Tribunal?

You can represent yourself, and many claimants do. However, legal advice can strengthen your case, especially for complex matters such as discrimination, whistleblowing, or high-value compensation. (Not legal advice — consult a qualified solicitor.)

3. What types of issues can be brought to an Employment Tribunal?

Common claims include unfair dismissal, discrimination, whistleblowing, redundancy pay disputes, unpaid wages, and breach of contract. Some claims have different time limits depending on the type.

4. Will I have to attend a hearing in person?

Many preliminary hearings are held remotely. Final hearings may be either in person or remote depending on complexity and tribunal directions. Always read the tribunal’s hearing notice carefully.

5. Can I settle my case before the hearing?

Yes. Many cases settle before a hearing using ACAS COT3 agreements or private settlement agreements. Settlements can save time, reduce stress, and provide certainty.

Conclusion

Navigating Employment Tribunal claims step-by-step can feel overwhelming, especially when deadlines, evidence preparation, and tribunal procedures are involved. However, by understanding the process — from ACAS Early Conciliation to completing the ET1 form, gathering an evidence bundle, exploring settlement options, and preparing for the hearing — you significantly increase your chances of a fair outcome.

Whether you are an employee pursuing justice or an employer responding to a claim, clarity, organisation, and early action are essential. Always protect your timeline, document everything, and consider professional legal advice for complex disputes.

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