If you are looking to start an employment tribunal claim, it is important to understand the process before taking formal action. Employment tribunals in England and Wales deal with workplace disputes such as unfair dismissal, discrimination, unpaid wages, redundancy disputes and breach of contract claims.
Starting a tribunal claim can feel daunting, particularly if you have recently lost your job or are still dealing with problems at work. The process becomes easier to manage when you understand the key steps, deadlines and documents involved.
This guide explains how to start an employment tribunal claim in England and Wales, including Acas Early Conciliation, time limits, the ET1 claim form, what happens after your claim is submitted and when legal advice may help. It is written for individuals who may need practical employment tribunal advice before deciding whether to bring a workplace tribunal claim.
Need urgent advice? Employment tribunal time limits are strict. If your deadline may be approaching, speak to one of our Employment Tribunal Solicitors as soon as possible on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form so your position can be assessed before time runs out.
What is an Employment Tribunal?
An employment tribunal is an independent judicial body that decides disputes between workers, employees and employers. People sometimes search for this as a job tribunal, work tribunal, workplace tribunal, employee tribunal, industrial tribunal or employment tribunal UK. Although the phrase “industrial tribunal” is still used by some people, the modern term in England and Wales is employment tribunal.
Common employment claims include unfair dismissal, discrimination at work, unlawful deductions from wages, unpaid holiday pay, breach of contract, whistleblowing detriment and some redundancy tribunal disputes. The tribunal hears evidence from both sides before making a legal decision. It is separate from your employer, Acas and government, although the online employment tribunal service is operated through GOV.UK.
Step 1: Identify the Employment Tribunal Claim you may have
Before you make a claim employment tribunal, identify the legal basis of your complaint. This matters because different employment tribunal claims require different evidence, remedies and sometimes different time limits.
- An employment tribunal unfair dismissal claim usually focuses on the reason for dismissal, the process followed and whether dismissal was reasonable.
- An employment tribunal discrimination claim focuses on whether you were treated unlawfully because of a protected characteristic under the Equality Act 2010.
- A redundancy tribunal claim may involve unfair dismissal if the redundancy was not genuine, the selection process was unfair or consultation was inadequate.
It is not always obvious which claim applies. A pay dispute may involve unlawful deduction from wages. A resignation may give rise to a constructive dismissal claim if the employer’s conduct amounted to a serious breach of contract. Getting the claim type right at the start helps ensure the employment tribunal claim form properly reflects the legal complaint.
Practical next step: If you are unsure whether your circumstances amount to unfair dismissal, discrimination, redundancy-related unfairness or another employment claim, contact our Employment Solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form for advice before the ET1 is submitted.
Step 2: Check the Employment Tribunal time limits
Employment tribunal time limits are strict. For most claims, including unfair dismissal and discrimination, the usual time limit is three months less one day from the date of dismissal or the act complained about.
For example, the unfair dismissal claim time limit normally runs from the effective date of termination. In discrimination claims, time may run from the discriminatory act or, where there is a continuing course of conduct, the last act relied upon.
Some claims have different time limits. Certain redundancy pay and equal pay claims may have a six-month less one day limit. Interim relief applications in limited unfair dismissal cases, such as some whistleblowing or trade union dismissal claims, can require action within seven days. Because employment tribunal time limit exceptions are narrow and fact-sensitive, you should not delay while an internal grievance or appeal is ongoing. An internal process does not usually stop the tribunal clock.
Do not wait for an internal appeal to finish before checking your deadline. A grievance, appeal or settlement discussion will not usually stop the tribunal time limit from running.
Step 3: Notify Acas before you start an Employment Tribunal Claim
Before submitting most employment tribunal forms, you must notify Acas and go through Acas Early Conciliation. This is a free process designed to see whether the dispute can be resolved without a tribunal hearing. You can notify Acas online or by contacting the Acas Early Conciliation team. If you are bringing claims against more than one respondent, you may need an Acas Early Conciliation certificate for each respondent.
Acas Early Conciliation can affect the limitation period by pausing the time limit while conciliation is taking place, provided Acas is notified in time. If settlement is not reached, Acas issues an Early Conciliation certificate. You will need the certificate number to submit your ET claim. This is why the employment tribunal Acas stage is not simply optional administration; it is often a procedural requirement before an employment tribunal application form can be accepted.
Step 4: Prepare the evidence before completing the ET1 Claim Form
The ET1 is the employment tribunal claim form used to start proceedings. Before completing it, gather the documents that explain what happened and why you say your employer acted unlawfully.
- Your employment contract and staff handbook.
- Payslips, P45, P60 and bonus or commission records.
- Dismissal, redundancy, grievance or appeal correspondence.
- Emails, messages, meeting notes and diary entries.
- Relevant workplace policies.
- Names of witnesses who may support your account.
The claim form should be clear, accurate and structured. It should explain the factual background, identify the legal claims, set out key dates and state the remedy you are seeking. Remedies may include compensation, unpaid sums, a declaration, reinstatement or re-engagement in some dismissal cases. A tribunal claim does not need to read like a barrister’s pleading, but it should contain enough information for the tribunal and respondent to understand the case being brought.
Step 5: Submit your Employment Tribunal Claim online
Most claimants start their claim through the online employment tribunal service on GOV.UK. People often search for this using phrases such as employment tribunal login, employment tribunal log in, employment tribunal sign in, employment tribunal gov co uk or gov uk employment tribunal. The official service guides you through the ET1 process and asks for details about you, the respondent, the Acas certificate, your employment, your claim and the outcome you want.
Take care before submitting the form. Inaccurate respondent details, missing Acas certificate information or an unclear claim narrative can create avoidable procedural problems. If your deadline is close, legal advice should be sought urgently because the tribunal may reject a defective claim or the respondent may later argue that part of the claim was not properly pleaded.
If you are close to a deadline, take advice before pressing submit. A solicitor can check whether the claim is properly framed, whether the respondent details are correct and whether any important claims have been missed. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to speak to one of our experienced Employment Tribunal Solicitors.
What happens after you start an Employment Tribunal Claim?
After your tribunal claim is submitted, the tribunal will decide whether to accept it. If accepted, the claim is usually sent to the respondent, who must file a response using an ET3 form. The employment tribunal procedure may then involve case management orders, disclosure of documents, preparation of witness statements, a schedule of loss and one or more hearings.
What happens at an employment tribunal depends on the claim and its complexity. Some cases are resolved through Acas conciliation or settlement discussions before a final hearing. Others proceed to a preliminary hearing, where the tribunal may clarify the issues, decide whether parts of the claim can continue or set directions for the case. A final hearing is where evidence is heard and the tribunal decides whether the claim succeeds.
How long does an Employment Tribunal take?
How long an employment tribunal takes depends on the type of claim, the number of issues, tribunal availability, whether there are preliminary hearings and whether the parties engage in settlement discussions. A straightforward unpaid wages claim may be quicker than a complex employment tribunal discrimination claim involving multiple witnesses and several alleged incidents.
Tribunal cases can take months and, in more complex matters, longer. This is one reason why early legal advice can be valuable. An employment solicitor can help assess prospects, preserve evidence, calculate limitation dates, prepare the ET1, consider settlement strategy and ensure that the claim is properly framed from the outset.
Do you need a Solicitor to start an Employment Tribunal Claim?
You do not have to instruct a solicitor to start an employment tribunal claim. However, employment tribunal process rules, limitation issues and legal tests can be difficult to navigate without advice. This is especially true where your case involves unfair dismissal, discrimination, whistleblowing, disability-related issues, redundancy selection, settlement negotiations or high-value compensation.
A well-prepared claim can make a significant difference to how the case progresses. Legal advice can help you avoid under-pleading your case, missing claims, naming the wrong respondent, overlooking time limits or accepting a settlement without understanding the value and risks of the claim.
Why choose Elite Law Solicitors for Employment Tribunal Advice?
Elite Law Solicitors advises individuals on employment tribunal claims in England and Wales, including unfair dismissal, discrimination, redundancy disputes, workplace pay disputes and settlement negotiations.
Our approach is practical and evidence-led. We help clients understand whether they may have a claim, what steps need to be taken, how the tribunal claim should be framed and what risks should be considered before proceedings are issued.
Clients looking for employment tribunal help often want more than a general explanation of the law. They need clear advice on deadlines, prospects, evidence, negotiation and likely outcomes. Elite Law Solicitors is also independently reviewed on ReviewSolicitors, where prospective clients can read feedback from people who have used the firm’s legal services. Those reviews help demonstrate trust, transparency and client experience.
If you are looking to start an employment tribunal claim, or you are unsure whether an employment tribunal claim is the right step, seeking advice early can help protect your position. Time limits are strict, so it is sensible to speak to a solicitor before the deadline approaches.
To discuss your circumstances in confidence, contact our experienced Employment Solicitors for clear employment tribunal advice before taking the next step. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Common mistakes when starting an Employment Tribunal Claim
- Waiting too long because a grievance or appeal is still ongoing.
- Missing the Acas Early Conciliation step before submitting the ET1.
- Calculating the limitation date incorrectly.
- Failing to identify all legal claims, such as discrimination as well as unfair dismissal.
- Naming the wrong respondent or omitting an individual respondent where relevant.
- Providing too little detail in the employment tribunal claim form.
- Not preserving evidence, such as emails, messages, payslips and meeting notes.
- Assuming a tribunal will extend time automatically if the claim is late.
Frequently Asked Questions about starting an Employment Tribunal Claim
Can I start an employment tribunal claim while I am still employed?
Yes. Some employment tribunal claims arise while employment is continuing, such as discrimination, unlawful deduction from wages, whistleblowing detriment or failure to make reasonable adjustments. However, bringing a claim while still employed can affect workplace relationships, so it is important to consider strategy, evidence and whether internal resolution or settlement discussions may be appropriate.
What should I include in the ET1 claim form?
Your ET1 should include accurate party details, the Acas Early Conciliation certificate number, key employment dates, a clear summary of what happened, the legal claims being made and the remedy sought. The form should be specific enough to explain the case but focused enough to remain readable. If important claims are omitted, it may be difficult to add them later.
Can I bring an employment tribunal claim if I signed a settlement agreement?
Usually, a valid settlement agreement prevents you from bringing the claims covered by that agreement. For a settlement agreement to validly waive employment claims, specific legal requirements must be met, including the requirement for independent legal advice. If you have signed an agreement but are unsure what it covers, you should take advice before assuming you can or cannot bring a claim.
What evidence helps in employment tribunal cases?
Helpful evidence can include contracts, policies, emails, letters, payslips, rotas, grievance documents, disciplinary records, redundancy scoring sheets, medical evidence where relevant, witness details and contemporaneous notes. The best evidence usually shows what happened, when it happened, who was involved and how the employer responded.
Will I have to attend a hearing?
Not every tribunal claim reaches a final hearing. Some cases settle through Acas, direct negotiation or a settlement agreement. If the case does proceed, you may need to attend a preliminary hearing and a final hearing. At a final hearing, the tribunal may hear witness evidence, consider documents and decide whether the claim succeeds.
Can I recover my legal costs if I win?
Costs do not automatically follow the result in employment tribunals. Unlike many civil court claims, each side usually pays its own legal costs. A tribunal can make a costs order in limited circumstances, for example where a party has acted unreasonably, but this is not the usual outcome. This makes early assessment of merits and settlement strategy particularly important.
Is there a difference between an industrial tribunal and an employment tribunal?
In England and Wales, the correct modern term is employment tribunal. Some people still refer to an industrial tribunal, industrial tribunal UK or industrial tribunal process because that language was historically used. In practical terms, if you are searching for how to take an employer to tribunal today, you are looking for the employment tribunal process.
Looking to start an Employment Tribunal Claim? Get in touch today
If you are considering an employment tribunal claim, early advice can help you understand your options, protect your position and avoid missing strict deadlines. Elite Law Solicitors can advise on the merits of your claim, Acas Early Conciliation, the ET1 form, settlement negotiations and the employment tribunal process in England and Wales.
Contact our Employment Tribunal Solicitors today to discuss your employment tribunal claim. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form. We can help you understand your options, assess the strength of your case and take timely, practical steps before the tribunal deadline expires.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified employment solicitors such as those within our firm.
