Employment Tribunal vs ACAS vs County Court

An employment dispute can end up in three very different places, and the choice is not really yours to make freely — statutory claims such as unfair dismissal and discrimination must go to the employment tribunal, while pure contract claims above the tribunal limit belong in the county court. Acas sits in front of both, and notifying them is compulsory before a tribunal claim can be lodged. The forums differ sharply on cost, time limits and the risk of paying the other side. This comparison helps you work out where your claim belongs.

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Feature	Employment Tribunal	ACAS	County Court
What it does	Hears statutory employment claims	Conciliation between employee and employer	Civil claims including breach of employment contract
Common claims	Unfair dismissal, discrimination, unpaid wages, holiday pay	Pre-Tribunal mandatory and ongoing dispute resolution	Breach of contract, wrongful dismissal damages over £25,000
Time limit	3 months less 1 day from incident	Within Tribunal time limit; pauses Tribunal clock	6 years from breach
Fees	Free since 2017	Free	£35-£10,000+ depending on claim value
Legal representation	Permitted; free options via FRU/Bar Pro Bono/unions	Not required	Strongly advised for larger claims
Decision	Tribunal judgment — binding	COT3 settlement agreement — binding if signed	County Court judgment — binding
Compensation cap	£123,543 or 52 weeks' pay, whichever is lower (unfair dismissal); unlimited (discrimination)	Negotiated by parties	No cap (limited to actual loss + interest)
Costs orders	Rare — only for unreasonable conduct	None — no formal process	Loser-pays in most cases above £10,000

ACAS Early Conciliation is mandatory before bringing a Tribunal claim. The County Court route is rarely used in practice except for high-value wrongful dismissal claims; statutory employment claims must go to the Tribunal.

Where does your claim belong?

Statutory rights — unfair dismissal, discrimination, unlawful deductions from wages, holiday pay, whistleblowing — can only be heard by the employment tribunal. The county court cannot touch them. Conversely, a pure breach of contract claim worth more than the tribunal can award, such as a substantial notice pay claim by a senior employee, has to go to the county court. Acas is not a third venue: it is the compulsory first step before any tribunal claim, and it also offers conciliation at any later stage.

Dismissed, discriminated against, or underpaid? Notify Acas now. The tribunal is free to use and notification pauses your time limit.
Large contractual claim and no statutory element? Take advice on the county court, but understand the costs risk — the losing side usually pays the winner's costs there, which almost never happens at the tribunal.
Want it resolved quickly and privately? A conciliated settlement recorded on a COT3 is binding and avoids a public hearing.

The mistake that ends most claims is the time limit. Three months less one day is unforgiving, it runs from the dismissal or the act complained of, and waiting for an internal appeal to conclude is not an excuse a tribunal will usually accept. Run the internal process and the Acas notification in parallel.

There are no fees to bring an employment tribunal claim. Anyone telling you otherwise, or charging a percentage to lodge one for you, is not giving you the full picture.

Frequently asked questions

Do I have to use Acas before going to the tribunal?

Yes. Early conciliation is compulsory for almost all tribunal claims, and you cannot lodge a claim without the certificate Acas issues at the end of the process. Notifying Acas also stops your time limit clock while conciliation runs, which is why doing it early protects your position even if you would rather settle internally first. Conciliation itself is voluntary — you can decline to negotiate and simply take the certificate — and it costs nothing either way.

Could I end up paying my employer's legal costs?

At the employment tribunal this is rare. Each side normally bears its own costs, and orders are usually only made where a party has behaved unreasonably or brought a claim with no reasonable prospect of success. The county court is very different: the general rule there is that the loser pays the winner's costs, which for a defended claim can run to thousands. That difference in risk is one of the main reasons to keep a claim in the tribunal where the law allows it.

Do I need a solicitor to bring a tribunal claim?

No. Tribunals are designed to be accessible to people representing themselves, and judges make allowances for that. Free help is widely available: trade unions represent members, the Free Representation Unit and Bar Pro Bono Unit take on cases, law centres and Citizens Advice assist, and some household insurance policies include legal expenses cover. Check whether you already have that cover before paying anyone. Preparing a clear chronology and organised documents matters more than having a lawyer.

What if I want to settle rather than go to a hearing?

Most claims settle, and you can settle at any point, including on the morning of the hearing. A settlement reached through Acas is recorded on a COT3, which is binding without needing independent legal advice, unlike a settlement agreement negotiated directly with an employer. Be clear about what you are giving up — settlements usually waive all claims arising from the employment. Consider what matters beyond money, such as an agreed reference or a confidentiality clause you can live with.

Related guides

Employment Tribunal Basics

The Employment Tribunal is an independent judicial body that resolves disputes between workers and employers. It is less formal than a civil court but follows strict procedures and deadlines. This guide walks you through the key steps.

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Acas Early Conciliation

Before you can make most types of employment tribunal claim, you must first contact Acas (the Advisory, Conciliation and Arbitration Service) and go through Early Conciliation (EC). This is a free, confidential service that gives you and your employer an opportunity to resolve the dispute without going to tribunal. EC is mandatory, but participation is voluntary — neither side is required to reach an agreement, and you receive a certificate to file your tribunal claim if EC concludes without settlement.

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Unfair Dismissal Overview

Being dismissed from a job is stressful. If your employer lacked a valid reason or did not follow a fair procedure, you may have been unfairly dismissed and be entitled to compensation. This guide explains the law and what to do.

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Workplace Discrimination

The Equality Act 2010 prohibits discrimination in employment on the basis of nine protected characteristics. Discrimination can take many forms — direct, indirect, harassment, and victimisation. Understanding what is unlawful and how to challenge it is essential for protecting your rights at work.

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Employment Tribunal Evidence Rules: Disclosure, Witness Statements, and Bundles

Most Employment Tribunal cases are decided on documents and witness evidence, not legal argument. Getting evidence preparation right is the single biggest factor in success. This guide walks through the disclosure obligations, how to prepare witness statements, what goes in the hearing bundle, and the practical tips that distinguish winning cases from losing ones.

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Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.