Employment Tribunals

What the Employment Tribunals does

The tribunal hears claims for unfair and wrongful dismissal, discrimination and harassment on protected grounds, unlawful deductions from wages, holiday pay, redundancy payments, whistleblowing detriment and equal pay. It can order compensation, and in limited cases reinstatement or re-engagement. It is designed to be more accessible than a court — procedure is less formal and each side usually bears its own costs, with costs orders reserved for unreasonable conduct.

What it hears

• Unfair dismissal and constructive dismissal
• Discrimination, harassment and victimisation on protected grounds
• Unlawful deduction from wages, holiday pay and notice pay
• Redundancy payments and consultation failures
• Whistleblowing detriment and dismissal

Before your first court date

Diarise the time limit the day the problem happens — usually three months from the dismissal or the act complained of, and tribunals rarely extend it. Contact Acas for early conciliation and keep the certificate, because you will normally need one for each respondent before you can lodge. Gather the contract, payslips, the dismissal or grievance correspondence and any notes of meetings while they are still available to you, and follow any internal appeal in parallel: the outcome of an appeal can affect both liability and compensation.

What happens at your first appearance

Most cases have a preliminary hearing by telephone or video to set the issues and the timetable, including disclosure of documents, witness statements and a hearing bundle. Simple claims are heard by a judge alone, while discrimination claims are usually heard by a judge with two lay members. At the hearing each side's witnesses give evidence and are cross-examined, and the tribunal gives its decision at the end or reserves it in writing. Remedy is often dealt with at a separate stage.

What to prepare

• Your contract of employment, written statement of terms and staff handbook
• Payslips, P45 and evidence of what you earned and have lost
• The dismissal letter, grievance and appeal correspondence in date order
• Notes, emails and messages recording what was said and when
• Evidence of your search for new work — it affects compensation

When to get legal advice

This page is general legal information, not legal advice. The two decisions worth advice are whether you are in time and what the claim is genuinely worth, both of which are easy to get wrong alone. Many people represent themselves successfully in straightforward wages claims. Legal Hotline's free line explains the process any hour on 0800 007 4103, and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Where it is

Official sources