Website of the UK government

Please note that this website has a UK government accesskeys system.

Public services all in one place

Main menu

Employment

Employment

Employment Tribunals: an introduction

An Employment Tribunal deals with legal disputes to do with work. Find out how they work and how to make a claim.

What is an Employment Tribunal?

Employment Tribunals hear cases involving employment disputes. They are less formal than some other courts, but you give evidence under an oath or affirmation, and if you lie you can be convicted of perjury.

Cases are usually heard by a panel of three people – referred to as a Tribunal - that consists of a legally qualified Employment Judge, and two 'lay members' that represent employee and employer sectors. The lay members use their respective employment experience to bring balance to proceedings. Sometimes the Employment Judge will preside over a hearing alone, for example, to hear any legal arguments.

There is no charge for making a claim at an Employment Tribunal. So unless you are paying a representative such as a solicitor there is no cost in making a claim.

If you live in Northern Ireland there are some differences in the law.

Can you go to an Employment Tribunal?

Before making your claim you usually must follow the statutory grievance procedures first. Until 6 April 2009, an Employment Tribunal normally won't accept your case unless you have raised a grievance in writing with your employer and waited 28 days before you make your claim. This rule does not apply if your grievance is about dismissal or about disciplinary action. However, this rule does apply to disciplinary action which you think involved unlawful discrimination or disciplinary action where the grounds initially given by the employer (for example conduct or capability) were unrelated to the grounds that the employer took the action on.

An Employment Tribunal can only decide cases relating to specific rights, so be sure that you know what you are claiming. For example, if you are complaining about not being paid, it's called 'unlawful deductions from wages'. If your employer treats you less well because you are disabled, it's 'disability discrimination'. If your employer has treated you so badly that you have been forced to leave, it's called 'constructive dismissal'. For more information read the articles on this site that most closely match your problem.

Do you need to go to an Employment Tribunal?

It's always best to try to sort out problems through discussion. Before you make a claim, you should seek specialist advice, particularly about your chance of success. From 6 April 2009, if you have a dispute which is likely to turn into an Employment Tribunal case, The Advisory, Conciliation and Arbitration Service (Acas) may be able to offer you a free early pre-claim conciliation service before you submit a claim to the Tribunal. You should contact the Acas helpline to find out whether this would be suitable for you.

You must:

  • follow your employer's grievance and disciplinary procedures at present, in most cases, an Employment Tribunal won't hear your claim unless you have tried putting in a grievance first. This will change from 6 April 2009, but changes will not apply to Northern Ireland. 
  • check that your claim can be heard by the Employment Tribunal
  • make sure you are within the statutory time limits for bringing a claim

Starting the process

First complete a form ET1, which you can get from:

  • Jobcentre Plus
  • your local Citizens Advice Bureau (CAB)
  • an Employment Tribunal office
  • the Tribunals Service website

The CAB can help you complete the form.

Use the form to give information about yourself, your employer and your complaint, and confirm that you have followed your employer's grievance procedures when necessary. If you are complaining of unfair dismissal you don't have to have used the grievance procedures but your employer should have used the disciplinary procedures.

Send the form to the relevant Employment Tribunal office listed in the 'Making a claim' booklet available from their website. They will send a copy to your employer, and in most cases to Acas. Your employer then has 28 days to respond.

Time limits

Most Employment Tribunal applications must be made within three months of the date that the event happened but this time limit can vary. Employment Tribunals will only extend the time limit for submitting a claim in very exceptional circumstances. Check the time limit that applies to your case by calling the Employment Tribunal helpline on 08457 959 775 (9.00 am to 5.00 pm Monday to Friday).

Will your claim go ahead?

The Employemnt Tribunal will check whether they can deal with your claim. If there's any doubt, there may be a hearing held to clarify the issue. This is usually heard by an Employment Judge sitting alone.

If the Employment Judge thinks that your claim isn't likely to succeed they may order you to pay a deposit of up to £500 as a condition of continuing your claim. If you lose your case this deposit may be used to help repay the costs or expenses incurred by the respondent in defending the case.

If the case goes ahead, additional ‘Pre-hearing reviews‘ or 'Case Management Discussions' can be held to clarify any remaining issues. The Employment Tribunal can also ask you or your employer for further information about the claim.

Settling the issue before a hearing

Try and settle your claim before going to the Employment Tribunal - remember, you may not win. You can usually withdraw your complaint at any time before the hearing. Acas will offer free and impartial conciliation services to you and your employer, even before you make a claim to the Employment Tribunal. The conciliation period is seven weeks in cases such as wages claims, 13 weeks for unfair dismissal claims, and open-ended for discrimination claims. These fixed conciliation periods will no longer be applicable after 6 April 2009.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them.

You can get legal advice from a solicitor or advice agency

More useful links

In this section...

Additional links

Access keys