What Is an Employment Tribunal and How Does It Work?
What Is an Employment Tribunal and How Does It Work?
Key points
- Employment tribunals resolve disputes like unfair dismissal and discrimination in England, Wales, Scotland.
- ACAS early conciliation is mandatory and pauses time limits.
- Claims must generally be filed within 3 months, using ET1 form.
- Hearings involve judge and lay members; prepare evidence thoroughly.
- Remedies include compensation, reinstatement; costs rare.
- Appeals only on points of law to Employment Appeal Tribunal.
What Is an Employment Tribunal?
Employment tribunals are specialist courts that decide disputes about employment rights in a less formal setting than higher courts.
Employment tribunals, governed by the Employment Tribunals Act 1996, operate across England, Wales, and Scotland to provide quick resolutions to workplace issues. Unlike criminal courts, these are civil proceedings focused on rights under statutes like the Employment Rights Act 1996 and Equality Act 2010. Cases are heard by an employment judge, often with two lay members who bring employer and employee perspectives.
Tribunals aim for fairness and efficiency, allowing parties to represent themselves without needing lawyers, though legal help is permitted. Decisions are based on the balance of probabilities, meaning what is more likely than not to have happened.
Tribunals do not handle contract breaches over £25,000; those go to civil courts.
Common Claims Handled by Employment Tribunals
Tribunals deal with a wide range of employment disputes, from unfair dismissal to discrimination.
The most frequent claims include unfair dismissal, which requires at least two years’ service except in automatic cases like discrimination. Discrimination claims under the Equality Act 2010 cover protected characteristics such as age, disability, gender, and race, with no service requirement.
Other common issues are unpaid wages, holiday pay, redundancy pay disputes, and whistleblowing detriments. Tribunals also address equal pay, maternity rights, and working time breaches, ensuring workers get statutory protections.
- Unfair dismissal
- Discrimination and harassment
- Unpaid wages and holiday pay
- Redundancy and notice pay
- TUPE transfers
Use GOV.UK Employment Tribunals to see if your issue qualifies for tribunal jurisdiction.
ACAS Early Conciliation: The Mandatory First Step
Before filing a claim, you must contact ACAS for early conciliation to try resolving the dispute without a hearing.
ACAS Early Conciliation is compulsory for most claims and pauses the standard three-month time limit. When you contact ACAS, a conciliator discusses settlement with both parties; it typically lasts up to six weeks, extendable by two weeks.
If no agreement, you receive a certificate to proceed with your claim. This step promotes amicable resolutions, avoiding tribunal stress and costs.
- Contact ACAS online or by phone within time limits.
- ACAS issues early conciliation certificate if no settlement.
- Use certificate number on ET1 form.
Early conciliation stops the clock, but calculate carefully to avoid missing deadlines.
Submitting Your Claim: The ET1 Form
File your claim using the ET1 form online via GOV.UK, detailing facts and remedies sought.
After ACAS, submit the ET1 form electronically or by post, including your early conciliation certificate. Detail the facts chronologically, what law applies, and desired outcomes like compensation. There are no filing fees.
The tribunal serves the claim on the respondent, who has 28 days to reply with an ET3 form.
Provide dates, witnesses, and evidence references in your ET1 for clarity.
Case Management and Preliminary Hearings
The tribunal reviews forms, issues directions, and may hold preliminary hearings to organise the case.
Following submission, the tribunal conducts an initial sift, potentially issuing case management orders for documents, witness statements, and timelines. Preliminary hearings clarify issues, set hearing dates, and resolve preliminary matters like jurisdiction.
These are usually by phone or video, helping streamline the final hearing.
Both parties must share relevant documents promptly.
The Tribunal Hearing Explained
At the final hearing, present your case with evidence and witnesses before a judge and lay members.
Hearings last from hours to days, held in public unless privacy ordered. You present first: opening statement, witnesses cross-examined, then documents. The judge manages proceedings fairly.
The panel decides on liability and remedy, often immediately or reserved with reasons later. No wigs or gowns; it’s relatively informal.
- Arrive early, dress smartly.
- Give evidence under oath.
- Follow judge’s directions.
Practice statements and anticipate cross-examination.
Possible Outcomes and Remedies
Successful claimants may receive compensation, reinstatement, or declarations of rights.
Remedies vary: basic and compensatory awards for unfair dismissal (capped at £115,115 or 52 weeks’ pay), uncapped for discrimination. Tribunals can order reinstatement, re-engagement, or recommendations for future employer conduct.
Costs are rare, only if conduct is unreasonable.
Tribunal orders for money must be enforced via county court if unpaid.
After the Tribunal Decision
Judgments can be appealed on legal points to the Employment Appeal Tribunal within 42 days.
Receive written reasons; request extended reasons if needed. Appeals go to EAT if law erred. Losing parties may face enforcement actions.
Only points of law, not facts or re-hearings.
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This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
Frequently asked questions
What is an employment tribunal?
An employment tribunal is an independent panel that hears and decides disputes about employment rights between workers and employers. It covers issues like unfair dismissal and discrimination, operating under UK employment law with a focus on fairness and accessibility.
How long do I have to make an employment tribunal claim?
Most claims must start with ACAS conciliation within 3 months less one day of the incident. Conciliation pauses the limit, extending it effectively up to 1 month after the certificate. Tribunals can extend justifiably.
Is ACAS conciliation compulsory before tribunal?
Yes, for eligible claims, contacting ACAS is required before filing ET1. It lasts up to 6 weeks and aims for settlement without tribunal.
What happens at a tribunal hearing?
At the hearing, parties present evidence, witnesses testify and are cross-examined, then the panel decides on liability and remedy. It’s inquisitorial, led by the judge.
Can I get my job back from a tribunal?
Yes, tribunals can order reinstatement or re-engagement for unfair dismissal, though compensation is more common if not practicable.
Are there fees for employment tribunals?
No, tribunal fees were abolished in 2017; claims are free to file and pursue.
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