What Is an Employment Tribunal? A Practical Guide for UK Workers and Employers

Employment disputes can escalate quickly, and when they do, an employment tribunal may become the next step. Whether you are an employee who believes you were treated unlawfully or an employer responding to a claim, understanding how the employment tribunal process works can help you prepare properly.

This guide explains what an employment tribunal is, the types of workplace disputes it can hear, the time limits that apply, how early conciliation works, what happens at a tribunal hearing, and the remedies a tribunal can award. It is written for workers, employees, employers, HR professionals and people managers in Great Britain.

Employment law can be complex, so this article provides general information rather than legal advice.

Key Takeaways

• An employment tribunal is an independent judicial body that resolves certain workplace disputes under employment law, including unfair dismissal, discrimination, unpaid wages, equal pay and some breach of contract claims.
• In most cases, you must contact Acas before submitting an employment tribunal claim. Acas will offer its free early conciliation service, and you will usually need an early conciliation certificate before you can submit your claim.
• As of September 2026, most claims still have a deadline of three months minus one day. From 1 October 2026, the deadline for the majority of claims will increase to six months minus one day where the time limit starts on or after that date.
• Statutory redundancy pay and equal pay claims already have a six-month-minus-one-day limit.
• There is no fee to submit a claim to an employment tribunal, although you may still face legal costs or other costs depending on how you handle the case.
• Winning a case does not always mean you receive payment immediately. If the respondent does not pay compensation, enforcement may be necessary.

What Is an Employment Tribunal?

An employment tribunal is an independent judicial body in Great Britain that hears certain disputes between workers and employers under employment law. Employment Tribunals are administered by HM Courts & Tribunals Service, but they make independent decisions based on the law and the evidence presented.

According to GOV.UKemployment guidance, you may be able to make a claim if you believe an employer, potential employer, trade union or another person at work has treated you unlawfully.

Common issues include:

• Unfair dismissal and constructive dismissal
• Workplace discrimination
• Unauthorised deductions from pay
• Unpaid wages and holiday pay
• Equal pay
• Statutory redundancy payment disputes
• Some breach of contract claims
• Whistleblowing-related dismissal or detriment
• Certain family and parental rights

Employment Tribunals cover England, Wales and Scotland. Northern Ireland has a separate system, where workplace claims may be heard by industrial tribunals or the Fair Employment Tribunal. This article focuses mainly on Great Britain.

What Do Employment Tribunals Do in Practice?

A tribunal considers the facts, applies the relevant law and makes decisions about whether legal rights have been breached.

An employment judge always chairs an Employment Tribunal hearing. Depending on the type of case, the judge may sit alone or with two non-legal members who bring workplace experience from employer and employee perspectives. The Courts and Tribunals Judiciary explains that some cases are heard by a three-person panel, rather than this being the standard arrangement for every claim.

The tribunal may:

• Decide whether a legal right has been breached
• Decide whether the claimant should receive a remedy, such as compensation
• Issue a legally binding judgment
• Order reinstatement or re-engagement in some unfair dismissal cases
• Make recommendations in certain discrimination cases

A hearing may take place in person or remotely. The tribunal is generally less formal than many traditional court proceedings, but the process is still legal and structured. Witnesses can give evidence, documents may be examined, and the other party may question the evidence presented.

Grounds for Bringing an Employment Tribunal Claim

Employment Tribunals can only hear claims that fall within their legal jurisdiction. They do not deal with every workplace disagreement.

Typical claims relating to employment rights include:

The current two-year qualifying period for ordinary unfair dismissal will reduce to six months from 1 January 2027. The Government has also confirmed that the existing compensatory award cap will be removed from that date. The unfair dismissal factsheet explains these upcoming changes.

Common claims include unfair dismissal and workplace discrimination. Employment Tribunals can also hear qualifying claims for unpaid wages, breach of contract and other employment rights.

For example, dismissal because of pregnancy or maternity may involve automatically unfair dismissal and discrimination protections, so the usual qualifying period for ordinary unfair dismissal may not apply.

Before making a claim to an employment tribunal, check that your situation falls within a recognised legal claim and that you are within the relevant deadline.

When Would You Use an Employment Tribunal Instead of Settling Informally?

Employment tribunal proceedings are often used after attempts to resolve a workplace problem informally or through internal procedures have failed.

Situations may include:

• An employer dismisses a worker, and an appeal does not resolve the issue.
• A grievance process does not resolve serious discrimination or harassment.
• An employer refuses to pay wages, redundancy pay or another sum that is legally due.
• The parties disagree about whether employment rights have been breached.

Before starting a tribunal case, check whether you can resolve the problem through workplace procedures. GOV.UK’s before you claim guidance recommends considering another way to solve the problem, such as using a grievance procedure. Acas also advises you to raise the problem informally first, use a formal grievance where appropriate, or appeal a decision before moving towards tribunal proceedings.

There is no fee to submit a claim to an Employment Tribunal. GOV.UK confirms this in its claim guidance. However, both sides may still face other costs, such as obtaining legal advice, preparing evidence, attending hearings or paying witness expenses.

Employment Tribunal costs orders are not routine. HMCTS guidance states that a tribunal may order costs or preparation time where a party has behaved unreasonably or where a claim or response had no reasonable prospect of success.

Many disputes settle before a final hearing. Acas conciliation, a settlement agreement or another form of resolution may allow both sides to resolve the dispute without asking the tribunal to determine every issue.

Time Limits: Deadlines for Making an Employment Tribunal Claim

Strict time limits apply to Employment Tribunal claims, and different time limits can apply depending on the type of claim.

As of 17 September 2026, the current Acas guidance states that:

• You normally have 3 months minus 1 day for most claims.
• You have 6 months minus 1 day for statutory redundancy pay claims.
• You have 6 months minus 1 day for equal pay claims.
• Certain claims involving a trade union or the armed forces also have a six-month-minus-one-day period.

For most claims, the time limit starts from the date the problem at work happened. For an unfair dismissal claim, this usually starts from the effective date of termination. For a pay dispute, it normally starts from the date you were not paid correctly. For discrimination, it generally starts from the last act of discrimination included in the claim.

The official Acas time-limit guidance confirms that from 1 October 2026, the deadline for the majority of claims will increase to 6 months minus 1 day where the time limit starts on or after 1 October 2026.

This means the date the event happened matters. If the relevant event happened before 1 October 2026, the existing three-month rule may still apply.

There are also special deadlines. In some unfair dismissal cases, you may be able to apply for interim relief. The deadline for an interim relief application is only 7 days after dismissal. This applies only in specific situations, such as certain whistleblowing, trade union or worker-representation dismissals. It is not a general seven-day deadline for all health and safety or unfair dismissal claims.

Starting an internal grievance or appeal does not normally extend the tribunal deadline. You should therefore check the relevant time limit while you are still trying to resolve the issue internally.

Early Conciliation With Acas and the Early Conciliation Certificate

In most cases, you must notify Acas before you submit a tribunal claim. This is known as early conciliation.

Acas provides a free and impartial conciliation service. It is not the same as an arbitration service. In arbitration, a third party makes a decision. During conciliation, an Acas conciliator helps the parties explore whether they can reach an agreement themselves. GOV.UK explains the distinction between conciliation and arbitration.

The basic process is:

• Contact Acas within the relevant time limit.
• Acas offers its early conciliation service.
• A conciliator may speak separately with each side and explore whether a settlement is possible.
• If the dispute does not settle, Acas issues an early conciliation certificate.
• You use the certificate number when submitting your ET1, unless a legal exemption applies.

You must usually start early conciliation within the applicable tribunal deadline. If you notify Acas in time, the tribunal time limit is paused while early conciliation takes place. Once the certificate is issued, you will usually have at least one month left to submit your claim, although calculating the exact deadline can be complex.

The statutory early conciliation period was extended from six weeks to 12 weeks for notifications made on or after 1 December 2025.

Acas data also shows that early resolution can prevent cases from reaching a tribunal. In its July to September 2025 statistics, Acas reported that 66% of early conciliation cases did not progress to an Employment Tribunal.

How to Make an Employment Tribunal Claim and the Tribunal Process

You must complete an ET1 form to begin most Employment Tribunal claims.

The main stages of the process are:

• Start early conciliation. Notify Acas and obtain your early conciliation certificate, unless an exemption applies.
• Submit your ET1. You can normally submit the claim online. You will need information such as the respondent's details, the type of claim, relevant dates and a clear factual summary.
• The employer responds. The respondent normally has 28 days to submit its ET3 response after the tribunal sends it the claim.
• Case management takes place. The tribunal may issue directions about documents, evidence and witness statements. It may also arrange a preliminary hearing to deal with issues such as jurisdiction, employment status, disability or whether the claim was brought in time.
• The final tribunal hearing takes place. The claimant and respondent present their cases. The tribunal considers documents, witness evidence and the relevant law.
• The tribunal issues its judgment. The employment judge or tribunal decides the case and, where appropriate, the remedy.

The HMCTS claim guidance confirms that a respondent normally has 28 days to respond.

How long the case takes depends on its complexity, the issues involved, case management and hearing availability. It is safer not to assume that every case will follow the same timetable.

In suitable cases, tribunals can also offer judicial mediation. This allows a trained judge to help the parties try to resolve the dispute without deciding the merits of the case. HMCTS describes judicial mediation as an opportunity for the parties to try to resolve their dispute with the help of a judge.

What Can an Employment Tribunal Decide and Award?

If the claimant succeeds, the tribunal will decide what remedy is appropriate.

Unfair Dismissal Compensation

An unfair dismissal award can include a basic award and a compensatory award.

The basic award uses a formula based on age, length of service and weekly pay. The calculation follows the same broad formula as statutory redundancy pay.

For dismissals to which the current cap applies, the ordinary compensatory award is generally capped at the lower of £123,543 or 52 weeks' gross pay. The £123,543 limit applies from 6 April 2026. The Government intends to remove the compensatory award cap from 1 January 2027.

A claimant must also take reasonable steps to reduce, or mitigate, financial losses. HMCTS guidance explains that a claimant may need to show what they have done to find another job and reduce lost earnings.

Constructive Dismissal Awards

A successful constructive dismissal claim can lead to similar unfair dismissal remedies where the employee resigns in response to a serious breach by the employer and meets the relevant legal requirements.

Discrimination Compensation

Compensation for discrimination claims has no upper limit. GOV.UK confirms that there is no overall compensation limit in discrimination cases.

Awards can cover financial loss and injury to feelings. For claims presented on or after 6 April 2026, the official Vento bands are:

• £1,300 to £12,600 for less serious cases
• £12,600 to £37,700 for cases in the middle band
• £37,700 to £62,900 for the most serious cases

Exceptional cases can exceed £62,900.

Unpaid Wages, Holiday Pay and Other Payments

A tribunal may order payment of sums such as unpaid wages, holiday pay, notice pay or statutory redundancy pay where the claim succeeds.

Employment Tribunal awards for breach of contract are capped at £25,000, according to HMCTS claim guidance.

Non-Financial Remedies

Depending on the claim, the tribunal may also:

• Order reinstatement or re-engagement after unfair dismissal
• Make recommendations in discrimination cases
• Make declarations about the rights of the parties

Costs or preparation-time orders can also be made in limited circumstances, particularly where a party has acted unreasonably or brought or defended a case with no reasonable prospect of success.

A successful judgment does not automatically mean the claimant receives payment straight away. If the respondent does not pay, the claimant may ask the Fair Work Agency to take enforcement action or apply to a court to enforce the award. GOV.UK explains the available enforcement options.

How Strong Is Your Case and Is It Worth Making a Claim?

Before starting tribunal proceedings, assess the practical and legal position carefully.

Ask yourself:

• Are you within the relevant time limits?
• Does the dispute fall within a recognised area of employment law?
• Do you have clear evidence, such as emails, contracts, wage slips, meeting notes or records of workplace decisions?
• Are there witnesses who can support relevant facts?
• Have you used an internal grievance or appeal process where appropriate?
• Have you considered whether the dispute could settle through conciliation?
• What outcome are you realistically seeking?

You should also compare the likely remedy with the time, stress and potential legal costs involved.

If you are unsure about your legal position, Acas can explain workplace rights and the conciliation process, while a solicitor, advice service or trade union may be able to advise you on your individual case.

Special Situations: Employers Who Have Stopped Trading or Are Sole Traders

Winning a tribunal case and recovering money are separate issues. The legal structure and financial position of the respondent can affect enforcement.

Limited Companies

Sole Traders

Financial Difficulty

How e-Careers Can Help HR and People Professionals Understand Tribunal Risk

Employment Tribunal cases often involve decisions made long before a claim reaches a hearing. Clear policies, consistent procedures, accurate documentation and a sound understanding of employment rights can help HR and people professionals manage workplace issues more effectively.

e-Careers offers flexible online Human Resources courses for learners at different stages of their HR careers. Its CIPD courses range from Level 3 Foundation through to Level 7 Advanced Diploma pathways.

The Level 5 People Management qualification includes Employment Relationship Management, where you study employee voice, conflict, mediation, disciplinary and grievance matters, employment legislation and specialist employment law. It also covers talent management, workforce planning, reward and leadership development.

For experienced HR professionals, the Level 7 diploma develops strategic knowledge across employment relations, people strategy, talent management and reward. Its optional Advanced Employment Law in Practice unit covers UK employment law principles, employer defences, claimant remedies, tribunal systems and ways to manage employment-law risk.

Building this knowledge can help you understand why disputes arise, how workplace procedures connect with legal obligations, and where HR decisions can create risk.

Frequently Asked Questions