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⚖ Employment Tribunals Guide

Employment Tribunals: How to Make a Claim in 2026

Think you've been treated unlawfully at work? This guide walks you through the employment tribunal process from start to finish — ACAS conciliation, the ET1 form, hearings, and what to expect. Northern Ireland has its own system, covered in its own section.

📅 Last reviewed: September 2026📚 Sources: legislation.gov.uk, GOV.UK, ACAS, nidirect🇬🇧 All UK nations — Northern Ireland differences marked

Thinking of making an employment tribunal claim? Northern Ireland has its own system. Read the checked guide for your nation: England, Wales and Scotland or Northern Ireland.

Been offered a settlement agreement? Read the checked guide for your nation: England, Wales and Scotland or Northern Ireland.

Want to know your rights as an employee? Read the checked guide for your nation: England, Wales and Scotland or Northern Ireland.

Owed money and thinking of the small claims court? Read the checked guide for your nation: England and Wales, Scotland or Northern Ireland.

Need help paying for legal advice? Read the checked legal aid guide for your nation: England and Wales, Scotland or Northern Ireland.

⚖ Know Your Rights at a Glance

⏰ Don't miss the time limit — it is almost never extended

In England, Wales and Scotland the deadline is 3 months less 1 day from the date of the dismissal or act you are complaining about (for a series of acts, the last one). If that date is on or after 1 October 2026, the deadline is 6 months less 1 day. Missing it almost always ends your claim. Contact ACAS well before your deadline.

In Northern Ireland the deadline is 3 months less 1 day for most claims. The October 2026 change to 6 months applies in Northern Ireland only to a complaint that your employer did not let you see your minimum wage records, and to claims under the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 and the Civil Aviation (Working Time) Regulations 2004. Claims for minimum wage arrears keep 3 months less 1 day. Contact the LRA well before your deadline.

🆕 6-month time limits from 1 October 2026 — only for acts from that date

The Employment Rights Act 2025 extends most employment tribunal time limits in England, Wales and Scotland from 3 months less 1 day to 6 months less 1 day. The new limit applies only where the act you are complaining about happened on or after 1 October 2026. For a series of acts, the date of the last act decides. If the act happened before 1 October 2026, you still have 3 months less 1 day, even if you make your claim after 1 October. In Northern Ireland it applies only to a complaint that your employer did not let you see your minimum wage records, and to claims under the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 and the Civil Aviation (Working Time) Regulations 2004. Claims for minimum wage arrears, or for being treated badly for asserting the minimum wage, keep 3 months less 1 day in Northern Ireland.

In England and Wales, breach of contract claims (such as unpaid notice pay) also get 6 months less 1 day where the employment ended on or after 1 October 2026.

In Scotland, breach of contract claims are covered by separate Scottish rules, which the Scottish Government must change itself. Until that happens they stay at 3 months less 1 day. A draft Scottish order laid on 31 August 2026 would give 6 months less 1 day where the employment ends on or after 9 November 2026. It is not law yet.

Other time limits

Claims for statutory redundancy pay and for equal pay have a limit of 6 months less 1 day. For equal pay, it runs from the end of your employment.

Claims for unpaid wages or holiday pay also have a time limit. It is counted from the date the pay was due (for a series of underpayments, from the last one), not from the date you left.

In England, Wales and Scotland, a claim for unlawful deductions from wages, including holiday pay, cannot go back more than 2 years before the date the claim is made to the tribunal. It is counted back from that date, not from the last underpayment, so claiming sooner protects more of it.

Step 1: ACAS early conciliation (England, Wales and Scotland)

Before you can submit most employment tribunal claims, you must notify ACAS to start early conciliation. It is free and confidential. If you contacted ACAS on or after 1 December 2025, early conciliation can last up to 12 weeks. It ends sooner if either side says no, or if ACAS decides a settlement is not possible. ACAS says it can take around 9 weeks for a conciliator to be assigned, so do not wait.

Your time limit is paused while conciliation runs. When it ends, ACAS issues a certificate with a number you must put on your claim form. You then have at least 1 month from the day you receive the certificate to submit your claim. If conciliation succeeds, you get an agreed settlement without a tribunal hearing.

Notify ACAS online at acas.org.uk or call 0300 123 1100 (Monday to Friday, 8am to 6pm).

Northern Ireland: industrial tribunals and the LRA

In Northern Ireland, employment claims go to an industrial tribunal, run by the Office of the Industrial Tribunals and the Fair Employment Tribunal (OITFET). Claims of discrimination because of religious belief or political opinion go to the Fair Employment Tribunal.

Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. While it runs, your time limit is paused for up to 1 calendar month, plus up to 14 more days if both sides agree. The LRA gives you a certificate number, which must go on your claim form. Because the clock stops while conciliation runs, your last day to submit a claim will usually be later than your original deadline. Check your exact date with the LRA. Contact the LRA on 03300 555 300.

Most claims must be made within 3 months less 1 day. Most Employment Rights Act 2025 changes do not apply in Northern Ireland, including the 6-month qualifying period and the removal of the compensation cap from January 2027. The 6-month time limits from October 2026 apply in Northern Ireland only to a complaint that your employer did not let you see your minimum wage records, and to claims under the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 and the Civil Aviation (Working Time) Regulations 2004. Claims for minimum wage arrears keep 3 months less 1 day.

Who can claim unfair dismissal?

In England, Wales and Scotland you currently need at least 2 years of continuous employment to claim ordinary unfair dismissal, so anyone with 2 years or more qualifies. If your employment ends on or after 1 January 2027, you need at least 6 months.

In Northern Ireland you need at least 1 year of continuous employment to claim ordinary unfair dismissal, so anyone with 1 year or more qualifies.

Statutory redundancy pay is separate: it needs at least 2 years of continuous employment, in Northern Ireland as well as in England, Wales and Scotland.

No minimum length of service is needed if you were dismissed for an automatically unfair reason, such as whistleblowing, pregnancy, or raising a health and safety concern. Discrimination claims need no minimum service either.

Being dismissed because of a disability, race, sex, age or another protected characteristic is a discrimination claim, not "automatically unfair dismissal". The discrimination claim needs no minimum service, but an unfair dismissal claim for the same dismissal still needs the normal qualifying service. Pregnancy and maternity are the exception: a dismissal for those reasons is also automatically unfair.

Cancer, HIV infection and multiple sclerosis count as a disability from the day they are diagnosed (Equality Act 2010, Schedule 1, paragraph 6). A dismissal because of one of them, or because of absence linked to it, can be disability discrimination.

What claims can go to tribunal?

Employment tribunals hear a wide range of claims including:

What could you be awarded?

For unfair dismissal, the tribunal usually awards a basic award (worked out like statutory redundancy pay, from your age, years of service and weekly pay) plus a compensatory award for your financial losses. It can also order your employer to give you your job back (reinstatement) or another suitable job (re-engagement), though this is rare.

Injury to feelings is awarded only in discrimination claims. It is not awarded for unfair dismissal. Discrimination awards have no upper limit.

In England, Wales and Scotland, for dismissals from 6 April 2026: a week's pay is capped at £751 for the basic award. The compensatory award is capped at £123,543 or 52 weeks' gross pay, whichever is lower. A minimum basic award of £9,157 applies only to dismissals for certain reasons: trade union reasons, health and safety duties, acting as an employee or working time representative, or being a pension scheme trustee.

From 1 January 2027 the cap on the compensatory award is removed for all unfair dismissals, including ordinary ones, where the employment ends on or after that date. If the employment ended before 1 January 2027, the cap still applies, however long the case takes.

In Northern Ireland, for dismissals from 6 April 2026: a week's pay is capped at £783 and the compensatory award is capped at £123,785. The Northern Ireland cap is a cash figure only. The Great Britain limit of 52 weeks' pay does not apply.

There is no cap on the compensatory award if you were dismissed for whistleblowing or for health and safety reasons. Other unfair dismissals, including most other automatically unfair ones, keep the cap.

If your employer does not pay the full award within 14 days of the tribunal sending its written decision, interest is added from the day after the decision was sent.

The ET1 form

In England, Wales and Scotland the claim form is called the ET1. Start it online from GOV.UK at gov.uk/employment-tribunals/make-a-claim, or send a paper form by post. It must set out:

There is no fee. The tribunal sends a copy to your employer (the respondent), who usually has 28 days from the date it was sent to reply on a form called the ET3.

What happens at a hearing?

Most claims go through several stages before a final hearing:

Final hearings for simple claims may last 1 day. Complex claims (discrimination, multiple issues) may take several days. You will receive the decision in writing, usually within weeks of the hearing.

1
Note the date of the act immediately

Your time limit runs from this date. Write it down and count the days carefully.

2
Start early conciliation first — do not submit a claim directly

In England, Wales and Scotland you must notify ACAS before filing. In Northern Ireland you must notify the LRA before filing. Do this as soon as possible to leave time for conciliation.

3
Submit your claim after the certificate

Once you have your early conciliation certificate, submit your claim. In England, Wales and Scotland you have at least 1 month from the day you receive the certificate.

4
Gather all your evidence now

Payslips, contract, emails, letters, meeting notes, witness details. Organise by date. The tribunal will want to see documents.

5
Consider whether you need representation

You can self-represent. Free advice is available from Citizens Advice, your trade union, and Employment Tribunal representation charities. Some solicitors offer free initial consultations.

6
Engage with the process once started

Respond to all tribunal communications promptly. Missing deadlines in tribunal proceedings can result in your claim being struck out.

Frequently asked questions

Does it cost anything to go to tribunal?
No — there is no fee to bring an employment tribunal claim in England, Wales and Scotland.
Will I have to pay my employer's costs if I lose?
Rarely. Cost orders are usually made only where a party has behaved unreasonably or brought a claim with no reasonable prospect of success. Simply losing your claim does not usually mean you pay the other side's costs.
Can I settle before the hearing?
Yes — many claims settle before a final hearing, through early conciliation or a COT3 agreement. Settlements can be arranged at any stage of the process.
How long does a tribunal claim take?
It depends on the claim. GOV.UK says a claim can take a number of months, and longer if there are many issues or they are complicated. Many claims settle earlier through conciliation.
What is a COT3 agreement?
A COT3 is a legally binding settlement agreement reached through early conciliation. Unlike a settlement agreement signed with a solicitor, a COT3 does not require independent legal advice to be binding.
Can I claim if I'm outside the time limit?
The tribunal can extend the time limit where it was "not reasonably practicable" to bring the claim in time (for most claims) or where it is "just and equitable" to do so (for discrimination claims). These are narrow exceptions — don't assume they apply to you. Take advice immediately.
What happens if I win?
Usually compensation. For unfair dismissal this is a basic award plus a compensatory award. Discrimination awards can also include injury to feelings. For unfair dismissal the tribunal can also order reinstatement or re-engagement, though this is rare. The award limits are set out above.

📜 Primary Legislation Sources

📞 Free help and support

ACAS: 0300 123 1100 (Monday to Friday, 8am to 6pm) — early conciliation and employment advice

Labour Relations Agency (LRA): 03300 555 300 — early conciliation and employment advice in Northern Ireland

Make a claim: gov.uk/employment-tribunals/make-a-claim

Citizens Advice (England): 0800 144 8848

Citizens Advice (Wales): 0800 702 2020

Citizens Advice Scotland: 0800 028 1456

Advice NI: 0800 915 4604

Free Representation Unit (FRU): thefru.org.uk — free representation at hearings in London and the South East, usually through a referral from an advice agency

⚠ Important disclaimer: This guide covers employment tribunals in England, Wales and Scotland and industrial tribunals in Northern Ireland, as at September 2026. General legal information only — not legal advice. Verify with ACAS, the LRA, GOV.UK, nidirect or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.

Further reading: our blog explains how the 12-week Early Conciliation period affects your tribunal time limit.

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