Bringing an Employment Tribunal Claim in the UK: What You Need to Know

Being dismissed, experiencing discrimination, or dealing with unpaid wages or workplace issues can leave employees wondering whether they should bring a claim in the Employment Tribunal.

For many people, the idea of legal proceedings can seem daunting and confusing. In reality, however, Employment Tribunal claims follow a fairly structured process. Understanding what to expect can make the whole experience much less overwhelming.

What types of claims can the Employment Tribunal deal with?

The Employment Tribunal deals with disputes relating to employment rights, including:

• Unfair dismissal;

• Discrimination;

• Harassment and victimisation;

• Whistleblowing claims;

• Unpaid wages or holiday pay;

• Redundancy-related claims;

• Certain claims arising from the termination of employment.

Not every workplace dispute falls within the Tribunal's jurisdiction, and some claims may need to be pursued in the civil courts instead. It is therefore important to establish at an early stage whether the Employment Tribunal is the correct forum for your claim.

Does every employee have the same rights?

Not necessarily.

For example, ordinary unfair dismissal claims generally require at least two years' continuous service. However, there are important exceptions.

By contrast, there is no qualifying period of employment for claims involving:

• Discrimination;

• Whistleblowing;

• Harassment;

• Victimisation; or

• Equal pay.

This means that even employees with relatively short service may have valuable legal rights and potentially strong claims.

ACAS Early Conciliation – the first step

Before most Employment Tribunal claims can be issued, it is necessary to go through ACAS Early Conciliation.

This is a free process designed to help employees and employers resolve disputes without the need for legal proceedings.

Many cases are settled at this stage.

If no agreement is reached, ACAS will issue an Early Conciliation Certificate, which enables the claim to proceed to the Employment Tribunal.

Time limits are crucial

One of the most common mistakes employees make is waiting too long before taking action.

In most cases, claims must be brought within three months of the relevant event. Different time limits apply to certain claims, but the general rule remains the same – delay can be fatal to your case.

Claims brought out of time are frequently rejected by the Tribunal.

How does a claim begin?

An Employment Tribunal claim is started by submitting a form known as an ET1.

The claim form contains:

• details of the parties;

• the legal claims being brought;

• a summary of the relevant facts; and

• the ACAS Early Conciliation Certificate number.

Although detailed evidence is provided later in the proceedings, it is important to ensure that the claims are properly identified and drafted from the outset. Adding new claims later can be difficult and, in some cases, impossible.

What happens after the claim is submitted?

Once the claim has been lodged, the employer usually has 28 days to submit its response, known as an ET3.

The Employment Tribunal will then issue case management orders setting out the steps that both parties must follow. These commonly include:

• disclosure of documents;

• preparation of the hearing bundle;

• exchange of witness statements;

• preparation of a Schedule of Loss; and

• listing of a Preliminary Hearing where appropriate.

More complex cases, particularly those involving discrimination or whistleblowing, often involve one or more Preliminary Hearings before the final hearing takes place.

What evidence should you keep?

If you are considering bringing a claim, it is important to preserve all potentially relevant evidence, including:

• emails;

• text messages and WhatsApp messages;

• letters and correspondence;

• meeting notes;

• medical records;

• payslips; and

• your contract of employment.

It is also good practice to keep a contemporaneous record of significant conversations and events, including dates and details.

Can claims be settled?

Yes.

In fact, many Employment Tribunal claims settle without the need for a full hearing.

Settlement can be achieved:

• directly between the parties;

• through ACAS using a COT3 agreement; or

• by way of a Settlement Agreement.

Settlement often enables both parties to avoid the uncertainty, stress and expense associated with lengthy litigation.

Will you have to pay the employer's legal costs if you lose?

Unlike the civil courts, the Employment Tribunal generally operates on the basis that each party bears its own legal costs.

Orders requiring one party to pay the other's costs are relatively rare and are usually reserved for cases involving unreasonable conduct or failure to comply with Tribunal orders.

How long does the process take?

Employment Tribunal proceedings rarely conclude quickly.

From the date the claim is issued to the final hearing, it is not uncommon for the process to take more than a year. In more complex cases, it may take even longer.

For this reason, many claims settle before reaching a final hearing.

Need advice?

Every case is different. Whether you have a claim, the strength of your case and the steps you should take will depend on your individual circumstances.

If you believe your employment rights have been breached, or if you simply want to understand your options, I would be happy to help.

After reviewing your circumstances, I can advise you on the strengths and weaknesses of your case and discuss the most appropriate way forward.

Early legal advice can often make a significant difference to the outcome of a case.

If you would like to discuss your situation or arrange a consultation, please feel free to get in touch. I would be pleased to help you understand your rights and the options available to you - marta@martainkin.co.uk and Whatsapp 0207 036 1900.

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