Employment Tribunal Claims: The Basics

Who should read this

• Employees and workers who think they have been treated unlawfully at work.
• Anyone recently dismissed or made redundant.
• Employers facing a possible claim.

What the law says

• Before making most tribunal claims, you must notify ACAS and go through early conciliation, which offers a free chance to settle.
• Time limits are short: for most claims, including unfair dismissal and discrimination, the claim must usually start within three months less one day of the dismissal or the act complained of. Early conciliation pauses the clock.
• Protection from ordinary unfair dismissal has usually required a qualifying period of continuous employment. The government is reforming this through new employment rights legislation — check the current rule on GOV.UK or with ACAS before relying on it.
• Some claims need no qualifying period at all, including discrimination, whistleblowing and dismissal for certain automatically unfair reasons.

Steps

1. Raise it with your employer — Try to resolve the problem informally, then through a written grievance if needed.
2. Notify ACAS — Start early conciliation on the ACAS website. A conciliator contacts both sides to explore a settlement.
3. Get your certificate — If there is no settlement, ACAS issues an early conciliation certificate with a reference number you need for the claim.
4. Make the claim — Submit form ET1 online, within the time limit (extended by the conciliation period).
5. The employer responds — The employer has 28 days to respond using form ET3.
6. Preparation and hearing — The tribunal may hold a preliminary hearing and set directions for sharing documents and witness statements before the final hearing.

Documents you'll need

• Your contract of employment, offer letter and staff handbook.
• Payslips and P45 or P60.
• Letters and emails about the dispute, grievance or dismissal.
• Notes of meetings, with dates, and the names of any witnesses.

Fees

• At the time of writing there is no fee to bring an employment tribunal claim; check GOV.UK for any change.
• Each side usually pays its own legal costs, whatever the outcome, except in limited circumstances.

Timeline

Early conciliation normally lasts up to six weeks. After a claim is made, a final hearing may be many months away, depending on the case and the tribunal.

Common mistakes

• Missing the time limit — tribunals rarely extend it.
• Waiting for an internal appeal to finish before contacting ACAS; the time limit still runs.
• Not keeping copies of documents and notes of what happened.

Questions

Do I have to go through ACAS?

For most claims, yes — you need an early conciliation certificate number to make the claim. There are a few exceptions.

Can I claim if I am not an employee?

Some rights, such as protection from discrimination and the right to holiday pay and the minimum wage, extend to workers as well as employees. Unfair dismissal protection is for employees.

What can the tribunal award?

Depending on the claim, compensation, a declaration of your rights, or in unfair dismissal cases reinstatement or re-engagement. Compensation for unfair dismissal is subject to limits; discrimination compensation is not capped.

When to consult a lawyer

• You are close to the time limit.
• You have been offered a settlement agreement — you must get independent legal advice for it to be binding.
• The claim involves discrimination, whistleblowing or a significant sum.

Related

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