How Long Does an Employment Tribunal Take?

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If you’re asking how long does employment tribunal take, brace yourself: the full process often spans 6 to 18 months or more.

Understanding the Employment Tribunal Timeline

How long does employment tribunal take? Typically, from starting ACAS early conciliation to receiving a final judgment, cases take between 6 and 18 months, though complex matters or backlogs can extend this further. This guide breaks down each stage with realistic expectations based on current UK practices.

Employment tribunals handle disputes like unfair dismissal and discrimination, but delays are common due to high volumes and limited resources. Knowing the timeline helps you plan financially and emotionally while preparing your case effectively.

We’ll cover the key steps, average waiting times, and factors that influence duration, empowering you to navigate the process confidently.

Step 1: ACAS Early Conciliation

Before lodging a claim, you must contact ACAS for early conciliation, a free service aiming to resolve disputes without a tribunal. This step typically takes one calendar month, but ACAS can extend it by two weeks if both parties agree.

During conciliation, the clock pauses on your statutory time limits for claims like unfair dismissal, which is usually 3 months less one day from the incident. If unsuccessful, you receive a certificate to proceed, and your time limit extends to at least one month after that date.

Many cases settle here, avoiding tribunals altogether. For example, if dismissed on 1 January, contact ACAS promptly to avoid missing deadlines.

Step 2: Submitting Your ET1 Claim

With your ACAS certificate, complete and submit the ET1 form online or by post to the correct regional office. Tribunals aim to accept or reject claims quickly, often within days, but full processing including sending to the respondent can take 2-6 weeks.

The respondent then has 28 days to submit their ET3 response. If they don’t, you may request a default judgment. This initial stage sets the foundation, so ensure your ET1 is detailed and evidenced.

Expect correspondence like acceptance notices and case numbers within a month.

Step 3: Preliminary Hearings and Case Management

A preliminary hearing (PH) follows soon after responses, often within 1-3 months. An employment judge alone manages the case, deciding on amendments, witness statements, and hearing dates.

PHs last 1-2 hours and focus on what needs proving, not the merits. Orders issued are binding, like disclosure deadlines.

This stage streamlines your case, potentially leading to early settlement.

Step 4: Waiting for the Final Hearing

The biggest wait: 6-12 months or more from PH to final hearing, varying by region and case type.

Hearing scheduling is the longest phase due to backlogs. Current waits range from 6 months in less busy areas to over a year in London or Scotland. Simple single-issue cases move faster than multi-day discrimination claims.

Tribunals prioritise urgent cases like interim relief. Track your case via the online portal.

Use this time to gather evidence, practice testimony, and consider settlement.

Step 5: The Final Hearing and Judgment

Final hearings involve judge and lay members for complex cases. Present your evidence, cross-examine witnesses. Simple hearings end same day with judgment.

Reserved judgments take longer: tribunals aim for 2 weeks written, but up to 3 months possible. Remedies hearings may follow separately.

Post-judgment, enforcement via High Court if needed.

Factors That Affect How Long Your Case Takes

Case complexity is key: straightforward unfair dismissal faster than equal pay group actions. Regional variations: busier tribunals like London delay more.

Non-cooperation, like late documents, causes adjournments. COVID backlogs persist into 2024. Multiple claims or appeals extend times.

Proactive parties using bundles and agreed facts speed things up.

• Case complexity and number of issues
• Tribunal region and caseload
• Parties’ compliance with orders
• Need for expert evidence or multiple witnesses

Tips to Minimise Delays in Your Tribunal Case

Submit complete forms and evidence early. Respond to all orders by deadlines. Propose settlement at every stage.

Request PH if delays loom. Use tribunal’s online system for updates.

Self-represented? Use free ACAS helpline and templates from GOV.UK. For more on deadlines, see here.

1. File ET1 promptly after ACAS certificate.
2. Gather all evidence pre-PH.
3. Comply with every order exactly.
4. Attend all hearings prepared.

Key Points on Employment Tribunal Timelines

How long does employment tribunal take depends on many variables, but planning for 9-12 months average prepares you best. Each stage from ACAS to judgment builds your case strength.

Patience is key, but proactive steps shorten waits. Many settle pre-hearing, saving time and stress.

Focus on strong evidence; tribunals value clarity over speed.