Step-by-Step

How to Make an Employment Tribunal Claim: The Complete Process

From calculating your deadline and contacting ACAS through to submitting your ET1. Here is the complete step-by-step process.

schedule 8 min read person Eugene Pienaar, Solicitor (non-practising)

Step 1: Calculate Your Deadline

The first and most critical step. For most claims the deadline is 3 months less 1 day from the date of dismissal or the act complained of. Missing this deadline is almost always fatal to the claim. Calculate it today and put it in your calendar.

Step 2: Contact ACAS

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Before submitting an ET1, you must contact ACAS to start early conciliation. Go to acas.org.uk or call 0300 123 1100. Contacting ACAS pauses your limitation clock for the duration of the conciliation period. At the end of conciliation, whether or not it was successful, ACAS issues an early conciliation certificate with a reference number you will need for the ET1.

Step 3: Consider Settlement

During the ACAS period, consider whether the dispute can be resolved. Calculate what your claim is worth before entering any settlement discussions. An employer who makes a settlement offer has assessed the risk -- their first offer is rarely their best.

Step 4: Submit the ET1

Complete the ET1 online at employmenttribunals.service.gov.uk. Enter your ACAS certificate reference number. Set out the facts of your claim clearly and chronologically. Tick every claim type that applies. Submit before your deadline.

Step 5: The ET3 Response

The tribunal serves your ET1 on the respondent (employer), who has 28 days to file an ET3 response. Read the ET3 carefully when you receive it -- it defines what case you now need to meet.

Step 6: Case Management

After the ET1 and ET3 are filed, the tribunal will issue case management directions. These will set out the steps both parties must take before the final hearing, including disclosure of documents and exchange of witness statements. Comply with every direction.

RELATED GUIDES
arrow_forwardHow to Complete the ET1 Claim Formarrow_forwardACAS Early Conciliation: What to Expectarrow_forwardHow to Calculate Your Schedule of Loss
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.