Employment Tribunal Process: Step-by-Step Guide

The employment tribunal process follows structured stages from initial dispute through to final judgment. Understanding each step helps manage expectations and prepare effectively.

Overview of the Process

Timeline

Typical timeline for an employment tribunal claim:

Stage	Timing
ACAS early conciliation	1-6 weeks
Submit claim (ET1)	After ACAS certificate
Response deadline (ET3)	28 days from service
Case management orders	2-3 months after claim
Disclosure period	3-6 months after claim
Exchange witness statements	4-8 months after claim
Final hearing	6-12 months after claim
Judgment	On day or reserved

Key Participants

For the Claimant:

• The employee bringing the claim
• Representative (solicitor, barrister, or self-represented)
• Witnesses supporting the claim

For the Respondent:

• The employer defending the claim
• Representative (solicitor, barrister, or self-represented)
• Witnesses supporting the defence

Tribunal Panel:

• Employment Judge (legally qualified)
• Up to two lay members (for some claims)

Stage 1: ACAS Early Conciliation

Mandatory First Step

Before most claims, employees must:

• Contact ACAS within time limits
• Participate in early conciliation (or decline)
• Obtain an early conciliation certificate
• Use certificate number when filing claim

The Conciliation Period

Initial period: Up to 1 month Extension: Additional 14 days if progress made Maximum: 6 weeks total

Outcomes

Settlement reached:

• COT3 agreement signed
• Claim resolved without tribunal
• Terms binding on both parties

No settlement:

• ACAS issues certificate
• Enables tribunal claim to proceed
• Time limits extended

See our guide on ACAS early conciliation for detailed information.

Stage 2: Submitting the Claim (ET1)

The Claim Form

Employees complete the ET1 form including:

• Personal details
• Employer details
• ACAS certificate number
• Type of claim
• Factual basis for claim
• Remedy sought
• Supporting information

Time Limits

Most employment claims must be brought:

• Within 3 months less 1 day from the act complained of
• Some claims have 6-month limits (redundancy pay, equal pay)
• ACAS conciliation extends these deadlines

Tribunal Fees

No fee required since 2017 when tribunal fees were abolished.

Multiple Claims

Employees can bring:

• Multiple types of claims together
• Claims against multiple respondents
• Connected claims in one form

Stage 3: Service and Response

Tribunal Sends Documents

The tribunal serves on the employer:

• Copy of the ET1 claim form
• Notice of the claim
• Response form (ET3)
• Deadline for response (usually 28 days)

Critical Response Deadline

Employers must respond within 28 days:

• Complete the ET3 form
• Set out full defence
• Include all facts relied upon
• Attach relevant documents

Missing the Deadline

Consequences of late response:

• Default judgment may be entered
• Employer barred from defending
• Can apply for extension (good reason needed)
• Much harder to defend effectively

What Goes in the Response

Must include:

• Whether you resist the claim (and which parts)
• Your grounds for resistance
• Your version of events
• Key facts supporting your defence
• Details of witnesses and documents

Don't:

• Admit facts you're unsure about
• Leave out important details
• Miss relevant documentation
• Ignore any part of the claim

Stage 4: Case Management

Purpose

Case management ensures:

• Issues are clearly defined
• Both parties know what's required
• Timetable is set for preparation
• Hearing can be effective and fair

Preliminary Hearing

May be held to:

• Clarify the claims and issues
• Consider strike out applications
• Deal with preliminary legal points
• Set directions for the final hearing
• Estimate hearing length

Case Management Orders

Tribunal typically orders:

Standard directions:

• List of issues to be determined
• Disclosure of documents deadline
• Exchange of witness statements deadline
• Preparation of hearing bundle
• Date and length of final hearing

Additional orders might include:

• Further particulars of claim/response
• Medical evidence
• Expert evidence (rarely)
• Preliminary hearing on specific issues

Timescales

Typical case management timetable:

• Disclosure: 8-12 weeks from orders
• Witness statements: 16-20 weeks from orders
• Bundle preparation: 2 weeks before hearing
• Final hearing: 6-9 months from orders

Stage 5: Disclosure of Documents

What Is Disclosure?

Both parties must provide:

• All relevant documents
• Whether helpful or unhelpful to their case
• In electronic or paper form
• With a disclosure list

Documents to Disclose

Employment records:

• Contract of employment
• Job description
• Employee handbook
• Policies and procedures

Correspondence:

• Letters
• Emails
• Text messages (if relevant)
• Meeting invitations

Performance and conduct:

• Appraisals
• Performance reviews
• Disciplinary records
• Grievance records
• Investigation notes

Pay and benefits:

• Payslips
• P60s
• Bonus information
• Pension details

The Disclosure List

Must show:

• Documents you have
• Documents you had but no longer have
• Documents you object to disclosing (rare)

Inspection

After disclosure list exchanged:

• Other side can inspect documents
• Usually by agreement
• Copies provided
• Originals available if disputed

Withholding Documents

Can only withhold if:

• Subject to legal professional privilege
• Irrelevant to the issues
• Neither party should fail to disclose without good reason

Stage 6: Witness Statements

Purpose

Written statements containing:

• Each witness's evidence
• Their version of events
• Facts they can speak to
• Reference to relevant documents

Content Requirements

Must include:

• Witness's full name and role
• Their involvement in events
• Chronological account of relevant facts
• Reference to documents (by page number)
• Statement of truth (signed and dated)

Should not:

• Include legal arguments
• Give opinions (unless expert)
• Contain hearsay (generally)
• Repeat what others said (unless direct knowledge)

Exchange

Statements are exchanged:

• On agreed or ordered date
• Simultaneously between parties
• Before the final hearing
• Typically 2-4 weeks before hearing

Using at Hearing

At the tribunal:

• Statement stands as evidence in chief
• Witness confirms it's true
• Other side cross-examines
• Own side can re-examine
• Tribunal may ask questions

Stage 7: Hearing Bundle

What Is It?

Joint document bundle containing:

• All relevant documents
• Chronologically ordered
• Continuously paginated
• Indexed
• Multiple copies

Contents

Typically includes:

1. Claim form (ET1)
2. Response form (ET3)
3. Case management orders
4. Documents in chronological order
5. Witness statements

Preparation

Usually respondent prepares:

• Agrees contents with claimant
• Paginates consecutively
• Creates index
• Makes required copies (usually 4-5)
• Provides in advance of hearing

Electronic Bundles

Increasingly common:

• PDF format
• Bookmarked
• Searchable
• Shared via secure platform
• Tribunal may specify format

Stage 8: The Final Hearing

Before the Hearing

Final preparations:

• Review all documents thoroughly
• Prepare cross-examination questions
• Draft closing submissions
• Prepare witnesses
• Organize logistics

On the day:

• Arrive early
• Bring all documents
• Have witnesses available
• Be professionally dressed

Hearing Structure

Opening:

• Judge confirms issues
• May hear opening submissions
• Clarifies procedure and timetable

Claimant's case:

• Claimant's witnesses give evidence
• Cross-examination by respondent
• Re-examination by claimant
• Questions from tribunal

Respondent's case:

• Respondent's witnesses give evidence
• Cross-examination by claimant
• Re-examination by respondent
• Questions from tribunal

Closing submissions:

• Respondent usually goes first
• Claimant responds (has burden of proof)
• Tribunal may ask questions

Giving Evidence

The process:

1. Witness sworn in or affirms
2. Confirms witness statement
3. Cross-examination
4. Re-examination
5. Tribunal questions
6. Witness released

Tips:

• Tell the truth
• Listen to questions carefully
• Answer the question asked
• Refer to documents when relevant
• Stay calm and professional
• Say "I don't know" if you don't

Hearing Duration

Varies by complexity:

• Simple unfair dismissal: 1-2 days
• Standard unfair dismissal: 2-3 days
• Discrimination claim: 3-5 days
• Multiple claims: 5-10+ days

Stage 9: Judgment

Reserved or Oral

Reserved judgment:

• Tribunal needs time to consider
• Written judgment sent later
• Usually within 4 weeks
• Includes written reasons

Oral judgment:

• Given on the day
• Tribunal announces decision
• Can request written reasons (within 14 days)
• Written reasons provided later

The Decision

Judgment will state:

• Whether claim succeeded or failed
• Reasons for the decision
• Remedy awarded (if any)
• Any costs orders

If Claimant Wins

Judgment includes:

• Type of claim upheld
• Remedy awarded
• Compensation amount
• How calculated
• Payment deadline (usually 14 days)

Possible remedies:

• Compensation
• Reinstatement (rare)
• Re-engagement (rare)
• Recommendations

If Respondent Wins

Judgment states:

• Claim dismissed
• Reasons why
• Whether costs awarded (rare)

Written Reasons

Either party can request:

• Within 14 days of oral judgment
• Detailed written reasons
• Explains tribunal's findings
• Important for appeal purposes

Stage 10: After Judgment

Payment of Award

If employer loses:

• Must pay within 14 days (usually)
• Interest accrues if late
• ACAS can assist with enforcement
• County court can enforce if needed

Appeals

Limited right to appeal:

• To Employment Appeal Tribunal (EAT)
• On point of law only (not fact)
• Within 42 days of written reasons
• Permission may be required

Reconsideration

Can apply for reconsideration:

• If interests of justice require it
• Usually within 14 days
• Rare to succeed
• Same tribunal hears application

Enforcement

If award not paid:

• Apply to ACAS
• County court enforcement
• Bailiffs
• Attachment of earnings
• Third party debt order

Settlement Throughout Process

Any Stage Is Possible

Settlement can occur:

• During ACAS conciliation (before claim)
• After claim filed (before response)
• During case preparation
• At the tribunal door
• During the hearing
• After judgment (on terms of payment)

Settlement Methods

COT3 (ACAS):

• Free ACAS conciliation
• Binding without legal advice
• Cannot bring further claims
• Common and effective

Settlement agreement:

• Direct negotiation
• Employee needs legal advice
• Employer usually pays for advice
• Can include confidentiality

Why Settle?

For employees:

• Certainty of outcome
• Quicker resolution
• Avoid hearing stress
• Guaranteed payment

For employers:

• Control the outcome
• Avoid legal costs
• Limit compensation
• Maintain confidentiality
• Save management time

Settlement Considerations

Before settling, consider:

• Strength of your case
• Likely tribunal outcome
• Legal costs to continue
• Time and stress involved
• Need for confidentiality
• Importance of reference

Common Issues During Process

Extensions of Time

May need to apply for:

• Extension to file response
• Extension for disclosure
• Extension for witness statements
• Must show good reason

Amendment of Claims/Response

Can apply to amend:

• Add new claims
• Add new facts
• Correct errors
• Tribunal considers prejudice

Strike Out Applications

Tribunal can strike out:

• Claims with no reasonable prospect
• Scandalous or vexatious claims
• Non-compliance with orders
• Rare in practice

Interim Applications

During process may need:

• Further information
• Stay of proceedings
• Consolidation with other claims
• Specific disclosure

Practical Tips

For Both Parties

Do:

• Comply with deadlines
• Preserve all documents
• Be honest in statements
• Prepare thoroughly
• Consider settlement
• Take legal advice

Don't:

• Miss deadlines
• Destroy documents
• Exaggerate or lie
• Ignore tribunal orders
• Let emotions dominate
• Underestimate the process

Managing Costs

Keep costs down by:

• Preparing documents yourself
• Being organized and efficient
• Providing clear instructions
• Settling where appropriate
• Using lawyers strategically

Managing Stress

The process is stressful:

• Takes many months
• Requires significant effort
• Emotionally draining
• Impacts work and life
• Consider wellbeing support

Checklist

When Claim Made

• Seek legal advice immediately
• Preserve all documents
• Note response deadline
• Check insurance coverage
• Begin gathering evidence
• Consider early settlement

During Preparation

• File response on time
• Comply with case management orders
• Complete disclosure thoroughly
• Prepare detailed witness statements
• Create comprehensive bundle
• Prepare for hearing

At Hearing

• Arrive early and prepared
• Bring all necessary documents
• Have witnesses ready
• Present evidence clearly
• Cross-examine effectively
• Make cogent submissions

After Hearing

• Await judgment
• Comply with any orders
• Consider appeal if appropriate
• Learn lessons for future
• Review procedures and training