Employment Tribunal

The Employment Tribunal is a specialist court in England, Wales, and Scotland that hears workplace disputes. Claims must generally be submitted within 3 months minus 1 day of the act complained of (time-limited periods are paused during Acas Early Conciliation). Common claim types include unfair dismissal (compensation capped at £123,543 or 52 weeks' gross pay in 2026/27), unlawful wage deductions, discrimination, and whistleblowing detriment. There are no tribunal fees (fees were abolished in 2017). Each party usually bears its own costs except in cases of unreasonable conduct. Hearings are relatively informal; lay members with employer/employee expertise sit alongside the judge in discrimination cases. Parties can represent themselves or use a solicitor, union representative, or employment law specialist. Decisions are publicly available on the GOV.UK Employment Tribunal decisions service.

What it means in practice. A tribunal claim is a documents-driven process. You start with an ET1 form, the employer answers with an ET3, and a judge then gives case management orders setting deadlines for disclosure of documents, an agreed bundle, and written witness statements. Most cases are decided on that paperwork plus a day or two of oral evidence. There is no fee to bring a claim — fees were abolished in 2017 and no replacement has been introduced — so the main cost of running a case is your own time and, if you choose to use one, a representative.

A worked example. Hannah claims unfair dismissal and unlawful deduction from wages. At a preliminary hearing the judge orders both sides to exchange documents by a set date and to file witness statements four weeks before the final hearing. Hannah discloses her contract, payslips, the dismissal letter, and the emails showing she was never told what the allegation was. At the hearing the tribunal finds the dismissal unfair and awards a basic award plus a compensatory award for the eleven weeks she was out of work — far below the cap, because compensation reflects actual loss rather than a punishment.

Common pitfalls. Missing the three-month deadline is fatal in most cases, and the tribunal only extends it where it was not reasonably practicable to claim in time. Failing to comply with case management orders is next: an unless order can strike out a claim entirely. And people routinely overestimate awards — the £123,543 compensatory cap is an outer limit, and the median award in unfair dismissal cases is a small fraction of it.

How it relates to other terms. Almost every claim must pass through Early Conciliation with Acas first, and the certificate number goes on the ET1. Typical claims include unfair dismissal, constructive dismissal, wrongful dismissal up to £25,000, and discrimination under the Equality Act 2010. This is a different jurisdiction from judicial review, which challenges public bodies in the High Court.

What to do next. Read our employment tribunal guide before drafting the ET1, since what you put in it frames the whole case. Use tribunal evidence rules to assemble your documents early, and check the underlying claim in unfair dismissal.