A workplace dispute can escalate quickly: wages go unpaid, a dismissal seems unfair, or a discrimination complaint goes nowhere. An employment tribunal claim in the UK offers a formal way to ask an independent tribunal to decide whether employment law has been broken. But even a strong case can fail if the deadline is missed or the claim form omits essential facts.
This guide explains the employment tribunal process in England, Wales and Scotland, from checking deadlines to preparing for a hearing. Northern Ireland has a separate industrial tribunal system and uses the Labour Relations Agency rather than Acas for early conciliation.
What can an employment tribunal decide?
Tribunals consider disputes involving unfair dismissal, discrimination, unlawful deductions from wages, certain contractual breaches and retaliation for protected whistleblowing. The legal tests differ: being treated badly does not automatically establish an unlawful act.
Eligibility matters. Some unfair dismissal claims depend on employment status and qualifying service, while discrimination protections can extend to applicants and workers. Anyone disputing a dismissal should also understand their unfair dismissal rights and the reason their employer gave.
Check the tribunal time limits first
Deadlines are often the most urgent part of an employment tribunal claim. From 1 October 2026, the usual time limit for most claims in Great Britain increased to six months minus one day. Crucially, that extension generally applies where the relevant incident happened on or after 1 October 2026. Earlier incidents can still fall under the previous three-month-minus-one-day rule, subject to exceptions.
For example, an incorrect wage payment dated 30 September 2026 would normally have a deadline of 29 December 2026. An incorrect payment dated 1 October 2026 would normally have a deadline of 31 March 2027. The new rule does not automatically revive older claims.
The starting date varies. For unfair dismissal, it is usually the effective date employment ended; for wages, the relevant payday; and for discrimination, the discriminatory act or potentially the last act in a continuing course of conduct. In Scotland, the longer limit for employment tribunal breach-of-contract claims takes effect on 9 November 2026.
Some situations are more urgent. Applications for interim relief in certain dismissal cases, including some whistleblowing dismissals, normally must be presented within seven days. Seek specialist advice immediately if this might apply.
Notify Acas and consider early conciliation
Before making most claims, you must notify Acas. ACAS early conciliation is free and offers a chance to settle without a hearing. A conciliator speaks with the employee and employer separately; neither side has to agree to settle.
Notifying Acas within the relevant limitation period pauses the tribunal clock under statutory rules. If the dispute remains unresolved, Acas issues an early conciliation certificate. You usually need its reference number for your ET1 claim, with a separate certificate for each respondent. You normally have at least one month after the certificate to submit your claim, but calculating the precise date can be complicated.
An internal grievance, disciplinary appeal or informal negotiation does not, by itself, suspend the deadline. Do not wait for your employer’s final response before contacting Acas. Some claims and urgent interim-relief applications are exempt from notification requirements.
Complete your ET1 claim carefully
After unsuccessful conciliation, submit an ET1 claim online or on the prescribed form. Include your details, each respondent’s correct legal name and address, and the required Acas certificate numbers.
Describe what happened in chronological order, identifying dates, people involved, the alleged unlawful treatment and the outcome you seek. For a wages claim, identify the pay period, amount expected, amount received and supporting payslips. Separate observable facts from your interpretation of them.
Check the employer’s legal identity against your contract or payslip. Include the legal complaints you intend to pursue: adding allegations later may require permission. There is no fee to file an employment tribunal claim, although other expenses and potential costs consequences exist.
What happens after submitting a claim?
The tribunal checks the ET1 and, if accepted, sends it to the respondent. The respondent normally has 28 days after receiving the claim to file an ET3 response. A judge may then hold a preliminary hearing to clarify issues, decide procedural questions and set directions.
Not every dispute reaches a final hearing. Cases may settle or be withdrawn, and Acas conciliation can continue after proceedings begin. A respondent’s failure to reply may allow a decision without a full hearing, but it does not guarantee the claimant wins automatically.
Prepare evidence and witnesses
Strong preparation connects each allegation to dated evidence. Keep contracts, payslips, emails, messages, meeting notes and grievance correspondence. Build a simple timeline showing who did what, when and who witnessed it.
Imagine an employee raises a safety concern and is dismissed weeks later. Instead of merely alleging retaliation, they could arrange the original disclosure, their manager’s reply, later correspondence and the dismissal letter in date order. The tribunal still has to assess the applicable whistleblowing protection and the employer’s explanation.
Follow document-sharing directions. Both sides may have to disclose relevant material even when it weakens their case. Witness statements should focus on firsthand knowledge. Related guidance on workplace discrimination claims and whistleblowing protections can help explain why different allegations need different evidence.
The hearing and possible outcomes
Hearings can take place in person, remotely or in a mixed format. Witnesses may be questioned, documents considered and both sides heard. The tribunal decides disputed facts and applies the law; it does not simply repeat an employer’s grievance procedure.
If the claimant succeeds, remedies may include compensation, unpaid sums, declarations and, in suitable dismissal cases, reinstatement or re-engagement. Awards depend on the type of claim, proven loss, statutory rules and evidence. Losing does not automatically mean paying the employer’s legal fees, although costs orders are possible for unreasonable conduct and in other specified circumstances.
A legal error may justify an appeal to the Employment Appeal Tribunal, usually within a strict 42-day period. An appeal is not normally a fresh hearing of all the facts.
Frequently asked questions
Can I claim while still employed?
Yes. Many wage and discrimination complaints can be brought without resigning, although eligibility and remedies depend on the particular claim.
Do I need a solicitor?
No. You can represent yourself or seek assistance from a union, adviser or solicitor. Acas provides conciliation and procedural information, not representation for either side.
How long does the process take?
It varies with case complexity, tribunal workload, witness availability and possible settlement discussions. There is no guaranteed hearing date when you file.
What if I missed the deadline?
You may still present a claim, but extensions are not automatic and the legal test depends on the complaint. Seek urgent specialist advice rather than assuming a late application will be accepted.
Next steps
Work backwards from the legal deadline: identify the incident date and possible claims, notify Acas where required, preserve evidence and prepare a clear ET1. Because the October 2026 changes created different limits for older and newer disputes, confirm the deadline for your own circumstances rather than relying on a general rule.
