What happens when an employee makes an employment tribunal claim?
In Great Britain, the employee must usually notify Acas first, and Acas offers both sides early conciliation. If that does not resolve things, the employee files a claim, and the employer must respond on form ET3 within 28 days. The tribunal then manages the case, often through a preliminary hearing, before a full hearing and a decision.
Early conciliation
Before most claims, the employee must tell Acas they plan to claim. Acas will contact the employer and offer conciliation, which is voluntary and free, to try to settle the dispute without a hearing. If it does not work, Acas issues a certificate the employee needs to make the claim. Northern Ireland has a separate system.
Responding to the claim
The tribunal sends the employer a copy of the claim. Under the Employment Tribunal Procedure Rules 2024, the tribunal must receive the response within 28 days of the date the claim was sent. An employer can ask for more time. If no response arrives, the tribunal may decide the claim without a hearing. Employers can try to settle at any time, including through Acas.
Preparing for the hearing
- A preliminary hearing, in person or by phone or video, may decide whether the claim can go ahead and set the hearing date, length and preparation steps
- Both sides must share relevant documents, usually to a timetable the tribunal sets
- Each side arranges its own witnesses, and the tribunal can order a witness to attend
- Parties normally get at least 14 days' notice of the hearing
The hearing and afterwards
Each side presents its case, and a judge, sometimes with two other members, asks questions. The decision is usually sent a few days or weeks later and published on GOV.UK. A losing employer may have to pay compensation or reinstate the employee. There is no limit on discrimination compensation.
Interest runs on awards, but not if the employer pays in full within 14 days. Either side can ask for a reconsideration within 14 days or appeal to the Employment Appeal Tribunal on a point of law. If an award is unpaid, the employee can ask the Fair Work Agency to send a warning notice, and a fine may follow.
The law
“must receive the response within 28 days of the date that the copy of the claim form was sent…”
“The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.…”
Sources
- Being taken to an employment tribunal · GOV.UK
- Make a claim to an employment tribunal · GOV.UK
- What early conciliation is - Early conciliation · Acas
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Engage with Acas early conciliation when contacted
- Diary the 28-day ET3 deadline as soon as the claim arrives
- Preserve relevant documents, emails and meeting notes
- Identify witnesses and take statements while memories are fresh
- Consider settlement options at each stage
- Review what led to the claim and update policies or training
Recent tribunal decisions on this topic
Tribunal tracker- Parravox Ltd (In Voluntary Liquidation) Breach of contractTransfer of undertakingsUnfair dismissal Read the decision on GOV.UK
- K.T.C (Edibles) Ltd Public interest disclosureRace discriminationUnfair dismissal Read the decision on GOV.UK
- Quiver Solutions Ltd Unlawful deduction from wages Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- How long does an employee have to bring an employment tribunal claim? For problems that happened on or after 1 October 2026, most employment tribunal claims in Great Britain must be started within six months less one day. Where the problem happened before 1 October 2026, the old limit of three months less one day still applies to most claims. Breach of contract claims in Scotland move to six months on 9 November 2026.
- What makes a settlement agreement valid? To waive employment tribunal claims, a settlement agreement must be in writing, relate to particular complaints or proceedings, and follow advice to the employee from an insured, relevant independent adviser who is named in the agreement. It must also state that the statutory conditions are satisfied. A general 'full and final settlement' clause is not enough.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.