Employment Tribunals

What are employment tribunals?

Employment tribunals were established to provide a relatively quick, informal and inexpensive forum for resolving employment disputes. Although they are less formal than other courts, tribunal proceedings remain a legal process. Parties may be represented by solicitors, barristers, trade union representatives or non-legally qualified consultants, or they may represent themselves.

Extension of limitation periods

The Employment Rights Act 2025 extended the period for submitting most claims to an employment tribunal from three months to six months. This change came into effect on 1 October 2026.

Conciliation of tribunal claims

Before submitting a claim to an employment tribunal, a prospective claimant must notify Acas and request early conciliation. This will usually need to be done within six months less one day of the act complained of. Acas will then explore whether the parties can settle the dispute without formal tribunal proceedings.

If an employment tribunal claim is subsequently issued because a settlement could not be achieved, Acas will remain available for the duration of the litigation to assist with settlement discussions where the parties wish to do so.

The period of Acas early conciliation pauses the time limit for issuing an employment tribunal claim. However, the calculation can be complex because it depends on when early conciliation begins and ends.

Bringing and defending claims

To start a claim, a claimant must submit an ET1 claim form to the tribunal within the time limit that applies to the particular claim. No fee is payable when the claim is submitted.

If the tribunal rejects the claim, the claim form will be returned to the claimant with a notice of rejection explaining the mistake made, what the claimant must do to rectify this and how to apply for a reconsideration if they believe the initial decision to reject was wrong.

If the tribunal accepts the claim, it will send the respondent a copy of the ET1 claim form, an ET3 response form and a notice explaining the next steps.

The respondent must present its response to the tribunal within 28 days of the date on which the tribunal sent out the ET1. If the respondent is unable to submit the response within this time frame, it can apply for an extension.

Each form (ET1 and ET3) can be completed and submitted online.

Case management

Once the claim and response have been received and accepted, the tribunal has considerable power to determine how the proceedings will progress to a full hearing by making orders and giving directions. It may issue a timetable setting out the steps that the parties must take or hold a case management discussion to decide how the claim should proceed. The parties may also apply at any stage of the proceedings for general or specific orders to be made, varied or revoked.

Witnesses

Generally, tribunals direct that witness evidence must be provided in the form of written statements, to be exchanged between the parties. Even where such a direction is not given, a written statement of the witness’s evidence should be prepared.

Where a party believes a person has relevant evidence but is not willing to attend the tribunal to give this voluntarily, the tribunal can produce a witness order, compelling that person to attend. However, caution should be advised in seeking such an order where a witness is hostile to the party making the request.

Hearing bundles

The parties should prepare a bundle containing the relevant documents on which they intend to rely at the hearing. The bundle will usually be compiled from documents held by the parties, but it should be limited to material that is relevant to the issues. The tribunal will usually consider only documents referred to in the witness statements.

Full hearings

The tribunal usually consists of just an employment judge. However, in more complex cases, particularly where discrimination is alleged, two lay members may also sit alongside the judge.

The tribunal will read the parties’ witness statements at the start of the hearing. The opposing party will then have the opportunity to cross-examine each witness. After all the evidence has been heard, each party will have the opportunity to summarise its case.

Judgment

At the end of the final hearing, the tribunal will decide the issues before it. It may give judgment orally at the end of the hearing or reserve its decision and provide a written judgment later. The judgment may determine both liability and remedy, or it may determine liability only and leave remedy to a later hearing. Reasons must be given for the judgment.

Judgments are posted online and are publicly available.

Costs

Unlike in the civil courts, each party will usually bear its own legal costs in employment tribunal proceedings, regardless of the outcome.

However, the tribunal has the power to make costs orders in certain circumstances, including where a party has acted unreasonably in the conduct of the proceedings or where a claim or response has little reasonable prospect of success.