How much does it cost to go to an Employment Tribunal?
Short answer
There is no fee to bring an Employment Tribunal claim in England, Wales or Scotland — fees were abolished after the Supreme Court's 2017 Unison ruling. Acas Early Conciliation is free too. Your real costs are time, any legal representation you choose to pay for, and a small risk of a costs order for unreasonable conduct.
Unlike the civil courts, the Employment Tribunal charges no issue fee and no hearing fee. Fees were struck down by the Supreme Court in the 2017 Unison case, and a later proposal to reintroduce them was shelved — so bringing a claim is free.
What the process actually costs you
- Acas Early Conciliation — the mandatory first step — is free and confidential, and it pauses the three-month time limit while Acas tries to broker a settlement. Around 70% of cases notified to Acas resolve or are withdrawn without a hearing.
- Legal representation is optional. Many claimants successfully represent themselves in straightforward claims such as unpaid wages. For complex discrimination or whistleblowing cases, paid advice can significantly improve your chances — many employment solicitors offer a free initial consultation, and trade union members may get funded representation through their union.
- Costs orders are rare. Each side normally bears its own costs whatever the outcome. The tribunal can order you to pay the other side's costs only in limited situations — mainly where a claim was brought or conducted unreasonably, or was hopeless from the start. An employer threatening costs to pressure you into dropping a genuine claim is using a tactic tribunals recognise.
- Time is the biggest hidden cost: from Early Conciliation to final hearing currently averages 12 to 18 months because of the case backlog, though many claims settle earlier.
Keeping it that way
Free does not mean casual. Deadlines are strict — notify Acas within three months less one day of the dismissal or deduction — and your ET1 claim form generally fixes the facts you can rely on, so complete it accurately and thoroughly. If a settlement is offered along the way (through Acas as a COT3, or via a settlement agreement, where the employer usually contributes to your legal advice), weigh it against your realistic prospects, the potential award, and the year-plus wait for a hearing.
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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Employment Tribunal Fees and Costs
The Employment Tribunal is the specialist court for most employment rights claims in Great Britain. Unlike many civil courts, the Employment Tribunal historically had no issue fees following the Supreme Court's 2017 ruling in R (Unison) v Lord Chancellor, which struck down the previous fee regime. A January 2024 government consultation proposed reintroducing limited fees, but it was shelved after July 2024 and no fee has been introduced. This guide explains the current position on fees, how fee remission would work if fees were ever reintroduced, and the rules on costs and preparation time orders.
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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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