Employment Tribunal (UK)
A specialist judicial body in England, Wales, and Scotland that hears and decides disputes between employers and employees (or former employees) on matters including unfair dismissal, discrimination, redundancy pay, and wage claims.
- What Is an Employment Tribunal?
- What Claims Can an Employment Tribunal Hear?
- How to File and Respond to a Tribunal Claim
- What Happens at a Tribunal Hearing
- Tribunal Compensation and Remedies
- Tribunal Time Limits
- How Employers Can Prepare for Tribunal Claims
- Employment Tribunal Statistics [2026]
- Frequently Asked Questions About Employment Tribunals
What Is an Employment Tribunal?
Key Takeaways
- ✓An employment tribunal is a specialist court in the UK that resolves disputes between employers and employees on statutory employment rights.
- ✓Tribunals hear claims about unfair dismissal, discrimination, equal pay, redundancy pay, unlawful deductions from wages, whistleblowing retaliation, and many other employment matters.
- ✓Before filing a tribunal claim, the claimant must first go through ACAS early conciliation (mandatory since 2014).
- ✓Most tribunal claims must be filed within 3 months of the event complained of, though the time limit is paused during ACAS early conciliation.
- ✓Tribunals sit as a panel of three (an employment judge plus two lay members) for discrimination and unfair dismissal cases, or a judge alone for simpler claims like wage disputes.
Employment tribunals are where UK employment law gets enforced. When an employee believes their statutory rights have been violated and ACAS conciliation hasn't resolved the matter, the tribunal is where the dispute gets decided. It's a formal judicial process, but less formal than the civil courts. Lawyers aren't required (though advisable for employers). The rules of evidence are applied, but with some flexibility. Hearings are held in tribunal buildings across England, Wales, and Scotland, and are generally open to the public. The tribunal system was created in the 1960s (originally as 'Industrial Tribunals') to provide a quick, accessible, and affordable way to resolve employment disputes without the full machinery of the civil court system. Over the decades, the jurisdiction has expanded significantly. Tribunals now cover dozens of claim types, from straightforward wage disputes to complex multi-week discrimination cases. For HR professionals, understanding how tribunals work is essential. Every employment decision you make, from hiring to firing, could potentially end up being scrutinized by a tribunal panel. Knowing the standards tribunals apply, the evidence they expect to see, and the common reasons employers lose helps you make better decisions and document them properly.
What Claims Can an Employment Tribunal Hear?
Employment tribunals have jurisdiction over a wide range of statutory employment rights claims. They don't hear breach of contract claims over 25,000 GBP or personal injury claims, which go to the civil courts.
| Claim Type | Qualifying Legislation | Who Can Claim | Compensation |
|---|---|---|---|
| Unfair dismissal | Employment Rights Act 1996 | Employees with 2+ years' service (some exceptions) | Basic award + compensatory award (capped at ~105,707 GBP) |
| Discrimination (all protected characteristics) | Equality Act 2010 | Anyone (no qualifying period) | Uncapped (includes injury to feelings) |
| Equal pay | Equality Act 2010 | Employees doing equal work to opposite-sex comparator | Back pay for up to 6 years + equalization going forward |
| Unlawful deduction from wages | Employment Rights Act 1996 | All workers (no qualifying period) | Amount owed plus interest |
| Redundancy pay | Employment Rights Act 1996 | Employees with 2+ years' service | Statutory redundancy pay owed |
| Whistleblowing detriment/dismissal | Employment Rights Act 1996 | Workers who made a qualifying disclosure | Uncapped compensation |
| Working time violations | Working Time Regulations 1998 | All workers | Varies by violation type |
| Breach of contract (on termination) | Employment Tribunals Extension of Jurisdiction Order 1994 | Employees (counterclaim available to employers) | Capped at 25,000 GBP |
How to File and Respond to a Tribunal Claim
The tribunal process begins with ACAS early conciliation and proceeds through claim filing, response, case management, and hearing.
Step 1: ACAS early conciliation (mandatory)
The claimant contacts ACAS before filing. ACAS has one month (extendable to six weeks) to attempt settlement. If conciliation fails, ACAS issues a certificate with a unique reference number. The claimant needs this number to file the tribunal claim. The time limit for filing is paused during the ACAS conciliation period.
Step 2: Filing the claim (ET1 form)
The claimant submits an ET1 form online or by post. The form requires details of the claim, the basis for it, and the remedy sought. Most claims must be filed within 3 months (minus one day) of the act or omission complained of. For unfair dismissal, the clock starts on the effective date of termination. For discrimination, it starts on the date of the discriminatory act. Late claims are usually rejected unless the claimant shows it was 'not reasonably practicable' to file on time (for unfair dismissal) or that it's 'just and equitable' to extend time (for discrimination).
Step 3: Employer's response (ET3 form)
The employer must submit an ET3 response form within 28 days of receiving the claim. This is a hard deadline. Failure to respond on time means the employer can't participate in the hearing and the tribunal may issue a default judgment. The ET3 should address every allegation in the ET1, set out the employer's version of events, and identify the legal basis for the defense. This is not the place for a brief denial. Provide full details.
Step 4: Case management
The tribunal issues case management orders covering disclosure of documents, exchange of witness statements, and the hearing date. A preliminary hearing may be held to address jurisdictional issues (like time limits), strike-out applications, or to clarify the issues. Both parties must comply with case management orders. Non-compliance can result in claims or defenses being struck out.
What Happens at a Tribunal Hearing
Tribunal hearings follow a structured judicial process. Understanding the format helps employers prepare effectively.
The panel
For unfair dismissal and discrimination claims, the tribunal sits as a panel of three: an employment judge (legally qualified) and two lay members (one with employer-side experience, one with employee-side experience). For simpler claims like wage disputes or breach of contract, an employment judge sits alone. The judge manages the hearing, rules on procedural points, and (in panel cases) chairs deliberations. Decisions are by majority.
The hearing itself
The claimant typically presents their case first in unfair dismissal claims (the employer presents first in discrimination claims where the burden of proof differs). Each side calls witnesses who give evidence under oath, are examined by their own representative, and are cross-examined by the other side. The panel may also ask questions. Documents are presented through a jointly agreed hearing bundle. After all evidence is heard, both sides make closing submissions. The hearing may last anywhere from half a day (straightforward wage claim) to several weeks (complex discrimination case).
The decision
The tribunal may give judgment orally at the end of the hearing or reserve it (provide written reasons later, usually within a few weeks). All judgments are published on the government's tribunal decisions website, making them public record. The judgment covers liability (did the employer breach the law?) and, if liability is found, remedy (what compensation or other order is appropriate?).
Tribunal Compensation and Remedies
Understanding what a tribunal can award helps HR teams assess risk and make informed decisions about settlement.
| Remedy Type | What It Means | Typical Range / Cap |
|---|---|---|
| Basic award (unfair dismissal) | Calculated like statutory redundancy pay: based on age, service, weekly pay | Up to approximately 19,290 GBP (2024-2025) |
| Compensatory award (unfair dismissal) | Actual financial loss caused by the dismissal: lost earnings, benefits, pension | Capped at 105,707 GBP or 52 weeks' gross pay (whichever is lower) |
| Injury to feelings (discrimination) | Non-financial compensation for hurt feelings and dignity | Lower band: 1,100-11,200 GBP; Middle: 11,200-33,700 GBP; Upper: 33,700-56,200 GBP (Vento bands, 2024) |
| Aggravated damages | For particularly egregious or oppressive conduct | No fixed cap; added to injury to feelings |
| Reinstatement | Returning the employee to their original job | Rare in practice; awarded in less than 1% of successful unfair dismissal claims |
| Re-engagement | Re-employing the claimant in a comparable role | Also rare; more common in public sector |
| ACAS Code uplift | 25% increase for failure to follow ACAS Code of Practice | Applied to the compensatory award |
Tribunal Time Limits
Missing the time limit is the most common reason tribunal claims are rejected. HR teams should understand these deadlines too, because they determine how long the company remains exposed after a particular event.
| Claim Type | Standard Time Limit | Extension Test | Key Detail |
|---|---|---|---|
| Unfair dismissal | 3 months less 1 day from EDT | 'Not reasonably practicable' (strict test) | EDT = effective date of termination, not the date notice was given |
| Discrimination | 3 months less 1 day from the act | 'Just and equitable' (more flexible) | For continuing acts, the clock starts when the last act occurred |
| Equal pay | 6 months from end of employment | Limited discretion | Or within employment for a current employee |
| Unlawful deductions from wages | 3 months less 1 day from the last deduction | 'Not reasonably practicable' | For a series of deductions, the clock starts from the last one |
| Redundancy pay | 6 months from the relevant date | Further 6 months at tribunal's discretion | Relevant date is usually the termination date |
| Whistleblowing | 3 months less 1 day from the detriment/dismissal | 'Not reasonably practicable' | Dismissal claims are uncapped; detriment claims capped |
How Employers Can Prepare for Tribunal Claims
The best tribunal defense starts long before a claim is filed. It starts with good HR practice and thorough documentation.
- Follow the ACAS Code of Practice for all disciplinary and grievance matters. Tribunals look for evidence that you investigated, notified the employee, held a meeting, allowed accompaniment, gave a written outcome, and offered an appeal. Skipping any step weakens your defense.
- Document everything in real time. Contemporaneous notes (written at the time of events) carry far more weight than documents reconstructed months later for litigation purposes. If a meeting happens, write notes the same day.
- Maintain consistent policies and apply them uniformly. Tribunals compare how you treated the claimant with how you've treated other employees in similar situations. Inconsistency suggests the real reason for treatment was something other than the stated reason.
- Preserve all documents and communications. Once you become aware of a potential claim, issue a litigation hold to prevent the destruction of relevant emails, messages, notes, and files. Destroying evidence (even inadvertently) creates adverse inferences.
- Respond to the ET3 within 28 days. No exceptions. If you need more time, apply for an extension before the deadline. Missing the deadline means you can't defend the claim.
- Take legal advice early. A solicitor experienced in employment tribunal work can assess the strength of the claim, advise on settlement strategy, and help prepare the response. The cost of early legal advice is a fraction of the cost of losing at tribunal.
- Engage genuinely with ACAS conciliation. Settlement during conciliation avoids the public judgment, management time, and legal costs of a full hearing. Many cases that seem strong for the employer still settle because the cost of defending exceeds the settlement amount.
Employment Tribunal Statistics [2026]
Key data on tribunal volumes, outcomes, and trends in the UK.
Frequently Asked Questions
Do I need a lawyer for an employment tribunal?
Can I claim costs if I win at tribunal?
What happens if I don't respond to a tribunal claim?
Are tribunal hearings public?
Can I appeal a tribunal decision?
How long does a tribunal claim take from start to finish?
Written by Adithyan RK