Employment Tribunal

Employment Tribunals in the UK: What They Are and How They Work

An independent judicial body that resolves disputes between employers and employees. Here is how the system works from start to finish.

schedule 7 min read person Eugene Pienaar, Solicitor (non-practising)

What Is the Employment Tribunal

The employment tribunal is an independent judicial body that hears and decides disputes between employees and employers. It covers claims including unfair dismissal, constructive dismissal, wrongful dismissal, discrimination, redundancy, whistleblowing, and unlawful deduction from wages. There is no fee to bring a claim.

How the Tribunal Is Composed

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Most employment tribunal hearings are conducted by a panel of three: an Employment Judge (a legally qualified judge), and two lay members -- one with a background representing employers and one with a background representing employees. Some matters are dealt with by an Employment Judge sitting alone.

The Process Overview

The process broadly follows this sequence: ACAS early conciliation (mandatory first step), submission of the ET1 claim form, the respondent's ET3 response, case management, disclosure of documents, exchange of witness statements, and the final hearing. The entire process from claim to final hearing typically takes between six months and two years depending on complexity and court availability.

No Fee to Bring a Claim

Employment tribunal fees were abolished by the Supreme Court in 2017. There is no fee to submit an ET1 or to have your case heard. If you win, you will not automatically recover your legal costs -- each side generally bears their own costs in employment tribunal proceedings.

Representation

You can represent yourself as a litigant in person in the employment tribunal. Many claimants do so successfully. Trade unions may represent members. Solicitors and barristers can be instructed. The tribunal takes an inquisitorial approach and is generally more accommodating of litigants in person than other courts.

Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.