How to Make a Claim to an Employment Tribunal: Step-by-Step Guide

Struggling with unfair dismissal or discrimination at work? Follow this step-by-step guide on how to make an employment tribunal claim.

Introduction

Making an employment tribunal claim is the way most UK workers enforce rights like unfair dismissal, discrimination, or unpaid wages when internal processes fail. This guide walks you through how to make an employment tribunal claim from start to finish, including mandatory ACAS early conciliation and completing the ET1 form.

Understanding the process helps you avoid common pitfalls like missing strict time limits, which are usually three months less one day from the incident. You’ll learn what to include in your claim, how to submit it, and what to expect next.

By the end, you’ll know the key steps to take control and represent yourself effectively in tribunal.

1. Check Your Eligibility and Time Limits

Before starting, confirm you have a valid claim and act within the strict deadlines, typically three months less one day.

UK employment law sets tight time limits for tribunal claims, usually three months less one day from the effective date of dismissal or discriminatory act. For unfair dismissal under the Employment Rights Act 1996, this runs from your termination date. Discrimination claims under the Equality Act 2010 follow the same rule but can sometimes link ongoing acts.

Missing the deadline almost always bars your claim unless exceptional circumstances apply, like incorrect information from ACAS. Use the GOV.UK tribunal eligibility checker first to see if your issue qualifies, such as unpaid wages, redundancy pay, or whistleblowing detriment.

Calculate your deadline precisely: for example, if dismissed on 1 June, your limit is 31 August. ACAS early conciliation pauses the clock, but start it early to avoid risks.

For more on unfair dismissal time limits the three month rule explained, see here.

2. Start ACAS Early Conciliation

Contact ACAS for early conciliation before any tribunal claim; it’s mandatory and affects your time limit.

Section 18A of the Employment Tribunals Act 1996 requires you to notify ACAS of your dispute before presenting a tribunal claim. Go to the ACAS website and complete the early conciliation form online, providing basic details about you, your employer, and the issue.

ACAS assigns a conciliator who contacts both parties for up to one month (extendable by two weeks) to negotiate a settlement. This period pauses your tribunal time limit from Day A (notification day) to Day B (certificate issue). You’ll receive an EC certificate, essential for your claim.

If no settlement, request the certificate immediately. Even if you opt out early, get it to proceed. This step shows tribunals you tried to resolve matters reasonably.

1. Visit acas.org.uk/early-conciliation and start the online form.
2. Provide respondent details, claim type, and discrimination questions if relevant.
3. ACAS issues certificate (URN number) once process ends.

For more on ACAS Early Conciliation, see here.

3. Prepare Your ET1 Claim Form

The ET1 form is your formal claim; include clear facts, legal basis, and remedies sought.

Download the ET1 form from GOV.UK or use the online portal. Fill in your details, respondent’s name and address, employment history, and a detailed ‘what happened’ section. Explain facts chronologically with dates, witnesses, and evidence references.

Specify claim types, e.g., unfair dismissal under section 98 Employment Rights Act 1996, or disability discrimination under Equality Act 2010. State desired outcomes like compensation, reinstatement, or recommendations. Attach documents if needed, but keep under 10 pages initially.

Be factual and concise; tribunals reject vague claims. Use ET1 form guidance from GOV.UK for examples on wording complaints effectively.

• Your contact details and representative if any.
• Respondent details accurately.
• Facts: who, what, when, where, why.
• Legal claims ticked and explained.
• Remedies: money, job back, etc.

For more on what is the ET1 form and how to complete it, see here.

4. Submit Your Claim

Submit the ET1 within your time limit via online, post, or in person; no fees apply.

Claims are free since 2017; submit online via GOV.UK for fastest processing or post to your regional tribunal office. Include your EC certificate number. Tribunals acknowledge receipt and assign a case number.

Online submission auto-generates ET1; paper needs copies for all parties. Ensure submission before deadline, as postmark dates count for paper forms.

Tribunals serve the claim on respondents, who get 28 days to reply with ET3 form.

1. Choose method: online preferred.
2. Attach EC cert and docs.
3. Keep copies of everything.
4. Track submission confirmation.

5. What Happens After Submission

Expect case management, respondent’s ET3 response, and possible preliminary hearings.

Tribunals review your claim; if accepted, notify parties and set directions. Respondents file ET3 defence within 28 days, or risk default judgment. You can reply to ET3 points.

Preliminary hearings discuss track (standard/fast/flexible), sift issues, and orders for documents/witness statements. Comply fully to avoid costs or strikes.

Mediation offers may arise; consider settling if fair.

6. Gather Evidence and Prepare

Build a strong bundle with documents, statements, and chronology for the hearing.

Collect payslips, contracts, emails, grievance outcomes proving your case. Prepare witness statements in first person, numbered paragraphs, signed.

Create a chronology of events and index your bundle. Practice your oral evidence; focus on facts, not emotions.

Follow ACAS codes for fairness; tribunals consider unreasonable failure to follow.

• Employment contract and handbook.
• Correspondence with employer.
• Performance reviews or disciplinaries.
• Witness contacts.

7. Attend the Tribunal Hearing

Present your case at the final hearing; judgments follow.

Hearings are public; arrive early, dress professionally. Tribunal questions witnesses under oath. You present first as claimant, then cross-examine respondent.

Judges decide liability and remedies, usually reserved with written reasons later. Remedies can include compensation up to £115,115 (2024) for unfair dismissal, uncapped for discrimination.

Appeal to Employment Appeal Tribunal on law points within 42 days if needed.

Conclusion

Knowing how to make an employment tribunal claim empowers you to challenge workplace injustices effectively. From ACAS early conciliation to hearing, each step builds towards justice.

Act promptly, prepare thoroughly, and use free resources. Success rates improve with clear ET1 forms and strong evidence.

This guide equips self-representing claimants; seek free advice from ACAS or Citizens Advice for your situation.