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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.
✅ Last verified: July 2026📚 Sources: GOV.UK, ACAS🏴 England, Wales & Scotland
⚖ Know Your Rights at a Glance
No fees for individuals bringing employment tribunal claims in England, Wales and Scotland.
ACAS early conciliation is mandatory before most tribunal claims. It's free and can pause your time limit for up to 12 weeks.
Time limit: 3 months less one day from the act complained of (changing to 6 months from 1 October 2026).
ET1 form: Submit online at employment tribunal — once ACAS issues a certificate, you have at least 1 month to file.
You can represent yourself — many claimants do. Trade unions and free legal advice services can help.
Cost orders are rare — losing a claim does not usually mean you pay your employer's legal fees.
⏰ Don't miss the time limit — it is almost never extended
The 3-month less one day deadline (6 months from October 2026) runs from the date of dismissal, detriment, or the last act in a series. Missing it almost always ends your claim — the tribunal has very limited discretion to extend. Contact ACAS immediately if your deadline is approaching.
🆕 Time limits doubling to 6 months from 1 October 2026
The Employment Rights Act 2025 will extend most employment tribunal time limits from 3 months less one day to 6 months, from 1 October 2026. ACAS conciliation periods will be extended accordingly. Check with ACAS for your exact deadline.
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Step 1: ACAS early conciliation
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Before you can submit most employment tribunal claims, you must notify ACAS to start early conciliation. This is free, confidential, and usually takes up to 6 weeks (extendable to 12 weeks from December 2025 if both parties agree).
ACAS will contact your employer and try to reach a settlement. If conciliation succeeds, you get an agreed outcome without a tribunal hearing. If it fails (or your employer doesn't engage), ACAS issues a certificate — and your tribunal clock resumes with at least 1 month remaining.
Notifying ACAS is straightforward — do it online at acas.org.uk or call 0300 123 1100.
What claims can go to tribunal?
Employment tribunals hear a wide range of claims including:
Unfair dismissal
Wrongful dismissal (breach of contract)
Redundancy pay disputes
Unlawful deduction from wages
Discrimination (all 9 protected characteristics)
Whistleblowing detriment or dismissal
Maternity/paternity/family leave rights
Working time breaches
Tips allocation breaches
Failure to provide written particulars
The ET1 form
The ET1 is the claim form you submit online at employment tribunal (employment-tribunals.service.gov.uk). It must set out:
Your details and your employer's details
The ACAS certificate number
The type of claim you're making
The facts of your case in your own words
What you are asking the tribunal to award
There is no fee. Once submitted, the tribunal sends a copy to your employer (the respondent), who must submit an ET3 response within 28 days.
What happens at a hearing?
Most claims go through several stages before a final hearing:
Preliminary hearing: To clarify the issues and set a timetable
Disclosure: Both parties exchange relevant documents
Witness statements: Written statements from you and any witnesses
Final hearing: Evidence is given and tested. You (or your representative) present your case. The employer does the same. The tribunal decides.
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
Contact ACAS first — do not submit an ET1 directly
You must notify ACAS before filing. Do this as soon as possible to leave time for conciliation.
3
Submit the ET1 after the ACAS certificate
Once you have your ACAS certificate, submit the ET1 online. You have at least 1 month from the certificate to file.
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.
⚖ Check Your Employment Rights Before You Claim
Describe your situation and get guidance on whether you have a tribunal claim and what it might be worth.
No — there are no fees for individuals bringing claims at an employment tribunal in England, Wales and Scotland.
Will I have to pay my employer's costs if I lose?
Rarely. Cost orders are only made where a party has acted unreasonably or a claim had 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 ACAS conciliation or a COT3 agreement. Settlements can be arranged at any stage of the process.
How long does a tribunal claim take?
Simple claims can resolve in a few months through conciliation. Contested claims going to a final hearing typically take 9–18 months in the current system, though this varies by region and complexity.
What is a COT3 agreement?
A COT3 is a legally binding settlement agreement reached through ACAS 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?
The tribunal will order a remedy — usually compensation. For unfair dismissal this is a basic award plus a compensatory award. For discrimination, there is also injury to feelings. The tribunal may also recommend reinstatement or re-engagement, though this is rare in practice.
Free Representation Unit (FRU): fru.org.uk — free representation at tribunals
⚠ Important disclaimer: This guide covers employment tribunal procedure in England, Wales and Scotland as at July 2026. General legal information only — not legal advice. Verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.
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