Making a Claim to Employment Tribunal

Are you considering bringing your workplace dispute before an Employment Tribunal? This guide will help you understand your eligibility, the time limits, and the step-by-step process so you can make an informed decision and take action.

1. Eligibility Criteria

Before you proceed, ensure you meet the basic requirements:

• Employment status: You must be an employee or worker.
• Jurisdiction: Your claim must relate to UK employment law.
• Early Conciliation: You must notify ACAS of your dispute and complete the early conciliation process unless exempt.

Learn more about the early conciliation process in our detailed article on making a claim to Employment Tribunal.

2. Time Limits

Time is of the essence when bringing a claim. Generally:

• Unfair dismissal: Within 3 months less one day of dismissal.
• Wage claims (e.g., unpaid wages, holiday pay): Within 3 months less one day of the date the money was due.
• Discrimination claims: Within 3 months less one day of the discriminatory act.

If you miss these deadlines, you risk having your claim dismissed. Find out how to calculate deadlines for your specific case.

3. The Claim Process

Step 1: Early Conciliation – Contact ACAS to discuss your dispute. They’ll issue you an early conciliation certificate if mediation fails.

Step 2: Submit your Form ET1 – Complete the ET1 claim form online via Gov.uk or by post. Provide full details of your employment, the issues, and the remedy you seek.

Step 3: Response from Respondent – Your employer (the respondent) has 28 days to reply with Form ET3.

Step 4: Case Management – A Preliminary Hearing or Case Management Discussion will be scheduled to set timetables and directions.

Step 5: Final Hearing – Both sides present evidence and witnesses. The Tribunal panel makes its decision, usually within 28 days.

4. Tips for a Successful Claim

• Gather Evidence Early: Save emails, contracts, pay slips, and witness statements.
• Meet Deadlines: Mark court dates and submission cut-offs in your calendar.
• Seek Advice: Consult a solicitor or accredited adviser. You can also use free resources on our making a claim to Employment Tribunal page.
• Be Prepared for Hearing: Practice your statement and anticipate questions from both the panel and your respondent’s representative.

Further Resources

For additional guidance, download the official Employment Tribunal guide (PDF): Employment Tribunal Guide [PDF].

Explore related topics:

• Unfair Dismissal Claims
• Claiming the National Minimum Wage
• Workplace Discrimination Rights