Resource Guide: The Employment Tribunal Process — A Step-by-Step Overview

Introduction

The Employment Tribunal is an independent judicial body that hears claims arising from employment disputes. This guide provides a step-by-step overview of the process from initial claim to final hearing.

Step 1: ACAS Early Conciliation

Before submitting a claim to the Employment Tribunal, a claimant must first notify ACAS and participate in the Early Conciliation process. ACAS will attempt to facilitate a settlement between the parties.

Time limit: The three-month time limit for bringing most Employment Tribunal claims is paused while Early Conciliation is ongoing. The time limit is extended by the period of Early Conciliation, plus an additional day.

Duration: Early Conciliation lasts up to six weeks (with the possibility of extension by agreement).

Outcome: If settlement is reached, the claim ends. If not, ACAS issues an Early Conciliation Certificate, which the claimant must include with their ET1.

Step 2: Submitting the ET1

The ET1 is the claim form submitted to the Employment Tribunal. It must set out:

• The claimant's details.
• The respondent's details.
• The nature of the claim.
• The remedy sought.

Time limit: Most claims must be submitted within three months of the act complained of (or the last act in a series). This is a strict time limit — late claims will be rejected unless the tribunal is satisfied it was not reasonably practicable to submit in time (or, for discrimination claims, that it is just and equitable to extend time).

Step 3: The ET3 (Response)

The respondent must submit an ET3 (response) within 28 days of receiving the ET1. The ET3 sets out the respondent's grounds for resisting the claim.

Step 4: Case Management

After the ET3 is submitted, the tribunal will issue a case management order setting out the steps to be taken before the final hearing. This typically includes:

• Exchange of documents (disclosure).
• Preparation of a hearing bundle.
• Exchange of witness statements.
• Any preliminary hearings to determine jurisdiction or other issues.

Step 5: Preliminary Hearings

Preliminary hearings are used to resolve preliminary issues, such as:

• Whether the claim was submitted in time.
• Whether the claimant has the necessary qualifying period.
• Whether a particular issue is a preliminary point of law.

Step 6: The Final Hearing

The final hearing is where the tribunal hears evidence and argument and makes its decision. In a straightforward unfair dismissal case, the hearing may last one to three days. Complex discrimination cases may last a week or more.

What happens at the hearing:

1. Opening submissions (sometimes in writing).
2. The claimant's evidence (examination-in-chief and cross-examination).
3. The respondent's evidence.
4. Closing submissions.
5. The tribunal's decision (sometimes reserved and given in writing).

Step 7: Remedy

If the claimant succeeds, the tribunal will hold a remedy hearing (or deal with remedy at the final hearing) to assess compensation.

Key Time Limits

---

Christopher Mallon BL accepts direct access instructions and can represent you at all stages of the Employment Tribunal process.