Question

How does an employment tribunal claim work?

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Answer

A specialist tribunal hearing claims about employment rights — less formal than a court, with its own procedure, and governed by very short time limits that end more claims than any argument about merits.

The time limit. Generally three months less one day from the act complained of — the dismissal date, the discriminatory act, or the underpayment. This is strict, and extensions are granted only in limited circumstances, on different tests for different claim types.

ACAS early conciliation is a mandatory first step. You must notify ACAS before issuing a claim. ACAS offers to conciliate; if it does not resolve, a certificate is issued and the clock, which was paused during conciliation, resumes. Skipping this step means the claim is rejected.

The stages:

ET1 claim form, setting out the claim.

ET3 response from the employer.

Case management, including a preliminary hearing where needed to clarify issues, decide preliminary points or set directions.

Disclosure of relevant documents by both sides — including documents that harm your own case, which surprises people.

Witness statements, exchanged before the hearing and generally taken as the evidence in chief.

The hearing, before a judge alone or a judge with two lay members, one from an employer background and one from an employee background — panels being usual for discrimination claims.

Judgment, with remedy decided at the same hearing or separately.

What is distinctive:

No fees, following the Supreme Court's decision that the fee regime introduced in 2013 was unlawful.

Costs are not usually awarded — unlike ordinary civil litigation, each side generally bears its own costs, with exceptions for unreasonable conduct. This matters enormously, since it means losing does not normally mean paying the employer's legal bill.

Settlement is very common, and can occur at any stage, frequently through ACAS or a settlement agreement.

Compensation varies by claim type: unfair dismissal has a basic and compensatory award with statutory caps, while discrimination compensation is uncapped and can include injury to feelings.

Delays are substantial, with waits of many months to a hearing.

General information, not legal advice.

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