A step-by-step guide to making an employment tribunal claim in England and Wales — from ACAS early conciliation to the hearing itself. What to expect, how much it costs, and how long it takes.
If you have been treated unlawfully at work and cannot resolve the dispute directly with your employer, an employment tribunal is the specialist court that hears workplace disputes in England, Wales, and Scotland.
Tribunals are designed to be accessible without a lawyer — but the process has rules, deadlines, and procedures that you need to understand before you start.
Employment tribunals deal with a wide range of workplace disputes, including:
They do not typically hear general contract disputes between employers and employees for sums above £25,000 — those go to the civil courts.
Before you can file a tribunal claim, you must first contact ACAS for Early Conciliation. This is a legal requirement.
Most cases that settle do so during Early Conciliation. If you reach an agreement, it will typically be documented in a COT3 form and is legally binding.
This is critical. Missing the deadline means you almost certainly lose the right to claim, even if your case is strong.
| Type of Claim | Time Limit |
|---|---|
| Unfair dismissal | 3 months minus 1 day from effective date of dismissal |
| Discrimination | 3 months minus 1 day from the act complained of |
| Equal pay | 6 months from the end of employment |
| Redundancy pay | 6 months from dismissal date |
| Unlawful wage deduction | 3 months minus 1 day from the deduction |
The ACAS Early Conciliation period stops the clock, so your time limit is extended by the length of conciliation. Your EC certificate will specify the adjusted deadline.
Tribunals can extend time limits only if it was not reasonably practicable to present the claim in time (for most claims) or if it is just and equitable to do so (for discrimination claims). These are difficult tests — don't rely on getting an extension.
Once you have your EC certificate, you submit your claim using the ET1 form via the Employment Tribunal online portal (gov.uk/employment-tribunals).
You will need:
There is no fee to make an employment tribunal claim (fees were abolished by the Supreme Court in 2017 in R (Unison) v Lord Chancellor).
Once submitted, the tribunal sends your claim to your employer (the respondent), who has 28 days to file a response (ET3).
After both sides have filed their documents, the tribunal may hold a Preliminary Hearing to:
You will also need to prepare and exchange:
Most straightforward claims (unfair dismissal, wages) are listed for a one or two day hearing. Complex discrimination cases can last several days.
At the hearing:
Employment judges try to make the process accessible to unrepresented claimants — but the more prepared you are, the better.
You are not required to have legal representation — many claimants represent themselves. However, for complex cases (particularly discrimination), having a solicitor or a barrister (via direct access) can significantly improve your prospects.
Free or subsidised help may be available from:
| Component | Cap |
|---|---|
| Basic award | Based on age, service, weekly pay (max £719/week) |
| Compensatory award | Lower of £115,115 or 52 weeks' pay |
| Uplift (employer breached ACAS Code) | +25% |
There is no cap on compensation for discrimination claims. You can claim:
Employment tribunals are significantly backlogged. Typical timelines:
This is one reason why ACAS Early Conciliation is valuable — a settlement at that stage can be reached in weeks.
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