Understanding the Employment Tribunal System in England and Wales

What is an Employment Tribunal in England and Wales?

The employment tribunal in England and Wales is the specialist court for resolving workplace disputes such as unfair dismissal, discrimination, and unpaid wages, offering a no-fee, less formal alternative to higher courts where you represent yourself effectively.

Understanding the employment tribunal England and Wales system empowers you to claim your rights under laws like the Employment Rights Act 1996 and Equality Act 2010. This guide covers everything from filing your ET1 form to potential appeals.

You’ll learn the step-by-step process, key roles like the employment judge, tribunal rules, and practical tips for self-representation.

What Claims Can You Bring to an Employment Tribunal?

Employment tribunals in England and Wales handle a wide range of employment disputes, from unfair dismissal to discrimination.

Employment tribunals have jurisdiction over complaints related to contraventions of key laws, including Part 5 of the Equality Act 2010 for work-related discrimination and section 111 of the Employment Rights Act 1996 for unfair dismissal. Common claims include unfair dismissal after two years’ service, redundancy pay disputes under ERA 1996 s.163, unauthorised wage deductions under s.23, and detriment for whistleblowing.

Workers can also challenge equal pay issues via sex equality clauses, national minimum wage complaints, and breaches under TUPE regulations. Note that tribunals do not handle personal injury claims or most contractual disputes beyond specific extensions like the Employment Tribunals Extension of Jurisdiction Order 1994.

• Unfair dismissal
• Discrimination (race, sex, disability, etc.)
• Unpaid wages and holiday pay
• Redundancy payments
• Detriment for protected disclosures

Starting Your Claim: ACAS Early Conciliation and ET1 Form

Before filing, complete ACAS early conciliation; then submit the ET1 form to launch your claim.

You must first notify ACAS for early conciliation, which pauses the time limit for claims (typically three months less one day from the incident). This process aims to settle disputes without a tribunal. If unresolved, obtain a certificate and file your claim using the ET1 form.

The ET1 form details your claim, respondent, facts, and remedies sought. Submit online via GOV.UK or by post to the tribunal office covering your employment location in England or Wales. Tribunals accept claims in England and Wales separately from Scotland.

Tribunal rules require presenting the claim clearly; late claims need justification for extension.

1. Contact ACAS for early conciliation within time limits.
2. If no settlement, get early conciliation certificate.
3. Complete and submit ET1 form promptly.
4. Serve on respondent.

Key Players: The Employment Judge and Tribunal Rules

An employment judge leads proceedings under the Employment Tribunals Rules of Procedure.

The employment judge, appointed under section 3A of the Employment Tribunals Act 1996, manages cases, rules on law, and chairs hearings. Panels may include two lay members for complex facts.

Tribunal rules, outlined in the Employment Tribunals (Constitution and Rules of Procedure) Regulations, govern filings, disclosures, hearings, and remedies. They emphasise fairness, flexibility, and just resolution.

Presidential Guidance provides further direction on practices like case management.

Preparing for Your Tribunal Hearing

After acceptance, the tribunal issues directions: exchange documents, witness statements, and bundle preparation. Organise chronology, key issues, and remedies calculations.

Practice your presentation; tribunals expect clear, concise evidence. Self-representers benefit from free ACAS guides and tribunal templates.

Attend preliminary hearings if ordered to clarify issues or strike out weak claims.

• Collect contracts, emails, payslips
• Draft witness statements
• Prepare bundle in chronological order

What Happens at the Tribunal Hearing?

Hearings are inquisitorial; present your case, cross-examine witnesses.

Hearings in England and Wales venues are public unless privacy needed. The employment judge outlines order: claimant opens, evidence, submissions.

You present first as claimant, call witnesses, then respondent. Judge questions actively; no strict rules like higher courts.

Decisions often reserved, sent in writing with reasons.

1. Opening statements
2. Witness evidence and cross-examination
3. Closing submissions

Remedies and Awards from Employment Tribunals

Successful claimants get compensation, declarations, or re-engagement orders.

Remedies vary: unfair dismissal offers basic/compensatory awards (capped at £115,115 or 52 weeks’ pay), re-employment. Discrimination uncapped, including injury to feelings.

Interest applies from 42 days post-judgment. Costs rare, only if unreasonable conduct.

Enforcement via county court if unpaid.

• Compensation
• Declarations
• Recommendations

Appealing to the Employment Appeal Tribunal

Appeal tribunal decisions on law points to the EAT within 42 days.

Appeals go to the Employment Appeal Tribunal on errors of law or perversity, not fact re-hearings. Lodge notice at EAT office in London, serving parties.

Grounds narrow; permission often needed from tribunal or EAT. EAT covers England, Wales, Scotland.

Further appeals to Court of Appeal rare.

1. Get judgment transcript
2. File EAT1 notice within 42 days
3. Grounds of appeal concise

Navigating the Employment Tribunal System Successfully

Mastering the employment tribunal England and Wales process gives you control over your workplace rights claim. From ET1 to potential Employment Appeal Tribunal review, follow steps diligently.

Self-representation saves costs; use resources like GOV.UK and ACAS for support. Act promptly to meet deadlines.

With preparation, many achieve fair outcomes without lawyers.