The Employment Tribunal Process Explained: What to Expect as a Claimant

ACAS early conciliation

Before you can bring a tribunal claim, you must contact ACAS for early conciliation. This is mandatory in almost every employment case. ACAS will assign a conciliator, who will speak to you and your employer to see whether a settlement can be reached.

The process is free and confidential. It does not stop you from going to tribunal if no agreement is reached. If conciliation fails, ACAS will issue an early conciliation certificate with a unique number. You need that number to submit your ET1 claim form.

The ET1 claim form

The ET1 is the form that starts your claim. You submit it to the employment tribunal, either online or by post. In it you explain the facts, what happened, why you believe it was unlawful, and what you are asking for.

Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice. In an unfair dismissal claim, the date is measured from the date your employment ended. In discrimination claims, it runs from the most recent act of discrimination.

Early conciliation can extend that deadline, but the rules are technical. If you are anywhere near the time limit, start the process immediately rather than trying to calculate it yourself.

What happens after you file

Once the tribunal accepts your ET1, a copy is sent to your employer. They have 28 days to respond with an ET3, setting out their defence. If they miss the deadline or the response is weak, the tribunal may allow your claim to proceed in their absence, but you should not rely on that.

After the ET3 is received, the tribunal will usually list a case management hearing. This is a short procedural hearing where the judge sets the timetable for the rest of the case: disclosure deadlines, witness statement dates, and the final hearing window.

Disclosure and witness statements

Disclosure means you and your employer exchange the documents that are relevant to the claim. That includes contracts, emails, letters, meeting notes, policies, and any other evidence that supports or undermines either side. You are not limited to documents that help you: you must disclose anything relevant.

After disclosure, both sides prepare written witness statements. These are your evidence in chief: the story you will tell under oath. A clear, chronological statement backed by documents is one of the strongest tools you have. A vague or emotional statement can seriously weaken your case.

The hearing

On the day, the tribunal is usually made up of an employment judge and sometimes two lay members. You and your employer, or your representatives, will be present. The public can usually attend, although some parts of the hearing may be private.

Witness statements are normally taken as read, which means you do not read them out loud. The judge will then ask questions and the other side will cross-examine you. Dress smartly, address the judge as "Sir" or "Madam", and answer questions directly. Do not argue with the other side: respond to the judge.

A straightforward unfair dismissal hearing may last one or two days. Complex discrimination or whistleblowing cases can run for a week or more. The tribunal may give its decision at the end of the hearing, or it may reserve judgment and send a written decision later.

Current tribunal backlogs

The employment tribunal system is under serious pressure. As of 2026, there are over 52,000 outstanding claims nationally. In some regions, final hearings are being listed into 2028 and 2029.

That delay cuts both ways. It gives you more time to prepare, but it also means employers may try to wear claimants down. Early preparation matters more than ever: the stronger your case looks on paper, the better your position in any settlement discussion.

Key changes coming

Two important changes are coming under the Employment Rights Act 2025. From January 2027, the statutory cap on unfair dismissal compensation is being abolished. At the same time, the qualifying period for ordinary unfair dismissal will drop from two years to six months.

Together, these changes will increase both the number of claims and the amounts at stake. If your dismissal is close to that date, the timing of your claim could make a significant difference.

Start preparing now

Whatever stage you are at, the most useful thing you can do is build your case before the deadline passes. That means: