How to Make an Employment Tribunal Claim: Acas, Time Limits and Hearings

Reviewed 30 October 2026 · England and Wales · General information, not legal advice

To bring an employment tribunal claim you notify Acas within the time limit, obtain a certificate, submit an ET1 online and follow the tribunal's directions to a final hearing. There are no fees, but waits are long.

To make an employment tribunal claim in England and Wales you check your time limit, notify Acas and complete early conciliation, submit an ET1 claim form online with your Acas certificate number, and then follow the tribunal's directions through case management, disclosure and witness statements to a final hearing, where a judge decides the case and any compensation. There are no fees, but the system is heavily backlogged and a hearing can be more than a year away. This guide walks through each stage in order, with the deadlines, what the employer does in response, how costs work, how long it takes, and when to represent yourself or instruct a solicitor.

Step 1: check your time limit

Almost every tribunal claim has a short deadline, and missing it usually ends the claim. For matters arising on or after 1 October 2026 the limit is six months less one day, a change made by the Employment Rights Act 2025. For matters arising before that date the old limit of three months less one day still applies, so a dismissal on 20 September 2026 must be the subject of an Acas notification by 19 December 2026, while a dismissal on 20 October 2026 gives you until 19 April 2027. Equal pay and statutory redundancy pay claims have always had a six-month limit.

What starts the clock depends on the claim: the effective date of termination for unfair dismissal and constructive dismissal, the date of the deduction or the last in a series for unpaid wages, and the date of the act complained of, or the end of a continuing course of conduct, for discrimination. Tribunals can extend time for unfair dismissal only where it was "not reasonably practicable" to claim in time, which is rare, and for discrimination where it is "just and equitable", which is a little more flexible but never guaranteed. If you are near the deadline, notify Acas today and work out the details afterwards. The same system covers Scotland, with its own tribunal offices; Northern Ireland has separate industrial tribunals, a three-month limit and conciliation through the Labour Relations Agency.

Step 2: Acas early conciliation

You cannot submit most claims without first notifying Acas (the Advisory, Conciliation and Arbitration Service) through its early conciliation service, by an online form or by phone. It is free. A conciliator contacts you, then the employer, and tries to find a settlement; taking part is voluntary for both sides and either can end it at any time. Since 1 December 2025 conciliation can last up to 12 weeks, double the previous six.

Notifying Acas pauses your time limit. The days from the day after notification until the day you receive the early conciliation certificate are added back on, and a limit that would otherwise expire within a month of the certificate is extended to one month after it. The pause only works if you notify Acas within the original limit, and it does not apply if the employer started conciliation. If you settle, the terms are recorded on a COT3 form, which is binding. If not, Acas issues a certificate with a number that you must enter on the claim form; without it the claim is rejected.

Step 3: the ET1 claim and the employer's ET3 response

The claim is made on form ET1, normally through the "Make a claim to an employment tribunal" service on GOV.UK. You give your details and the employer's, the certificate number, the type of claim and a description of what happened. Keep the narrative factual, in date order, and make sure every claim you want to bring is identified, because adding a new claim later needs the tribunal's permission. Say what remedy you want, including whether you seek reinstatement, and estimate your losses.

The tribunal sends the claim to the employer, which must return its ET3 response within 28 days of the date the claim was sent to it. The response sets out the employer's version and any legal defences, such as a lack of qualifying service or a late claim. If no response is received the tribunal can issue a default judgment. Acas conciliation remains available throughout the case.

Step 4: case management, disclosure and witness statements

Once both sides have pleaded their case, the tribunal takes charge of the timetable under the Employment Tribunal Procedure Rules 2024, which replaced the 2013 rules in January 2025. In anything beyond a simple money claim there is usually a preliminary hearing, often by telephone or video, at which an employment judge identifies the issues, fixes the final hearing date and makes case management orders with dates for each step. Preliminary hearings also decide disputes about time limits, employment status or whether a claimant is disabled, and an employer may ask for a weak allegation to be struck out or made subject to a deposit order of up to £1,000 per allegation as a condition of continuing.

The standard orders then run in sequence:

1. The claimant produces a schedule of loss and the employer a counter-schedule, setting out the money claimed and disputed.
2. Disclosure: both sides list and exchange all documents relevant to the issues, helpful or not, including emails, messages, personnel files and policies.
3. The employer usually prepares a single paginated hearing bundle of the agreed documents.
4. Witness statements are exchanged simultaneously. Each statement is the witness's complete evidence, written in the first person, in numbered paragraphs, referring to pages in the bundle; witnesses generally cannot add to it at the hearing.
5. Both sides may be invited to judicial mediation, a free, confidential day with a judge acting as mediator, which is offered in many longer cases.

Keep to every date. Tribunals can make an "unless order" that strikes out a claim or response automatically if a step is not completed in time.

Step 5: the final hearing and the judgment

Final hearings last from a few hours for a straightforward wages claim to several days or weeks for discrimination cases. Unfair dismissal and wages claims are usually heard by a judge alone; discrimination and whistleblowing claims are often heard by a judge sitting with two lay members. Hearings are public, held in person or by video, and follow a set pattern: the party with the burden of proof goes first, so the employer opens in an unfair dismissal case where the dismissal is admitted and the claimant in a discrimination case; each witness confirms their statement, is cross-examined by the other side and answers the panel's questions; and both sides then make closing submissions on the facts and the law.

The judgment may be given orally at the end, with written reasons available if requested within 14 days, or "reserved" and sent out in writing weeks or months later. If the claim succeeds, remedy is sometimes dealt with at a separate hearing. Judgments are published on the online register of employment tribunal decisions on GOV.UK, where they stay searchable, which is one reason many employers prefer to settle. Either party can ask the tribunal to reconsider a judgment within 14 days if it is in the interests of justice, and can appeal to the Employment Appeal Tribunal (EAT) on a point of law, not simply because they disagree with the facts found, by lodging a notice of appeal within 42 days of the date the written judgment or reasons were sent. A further appeal lies to the Court of Appeal with permission.

Remedies, costs and how long it all takes

What the tribunal can award depends on the claim. For unfair dismissal it is a basic award and a compensatory award, capped at £123,543 or a year's pay for dismissals taking effect by 31 December 2026 and uncapped from 1 January 2027, with reinstatement or re-engagement as an alternative. Discrimination compensation is uncapped and includes injury to feelings in bands that run from £1,300 to over £62,900 for claims presented from 6 April 2026. Tribunals have no power to award costs as a matter of course: each side normally bears its own legal costs whether it wins or loses. A costs order is the exception, made where a party or representative acted vexatiously, abusively, disruptively or otherwise unreasonably, or a claim or response had no reasonable prospect of success; the tribunal can order up to £20,000 directly and more after a detailed assessment, and unrepresented parties can seek a preparation time order instead. Tribunal fees were abolished in 2017 and a 2024 proposal to charge £55 was dropped, so issuing a claim costs nothing.

The weakness of the system is time. Official figures for April to June 2026 show around 70,000 single claims waiting to be heard, a record, with new claims arriving faster than they are decided. In practice a first substantive hearing is often more than a year after the claim is issued, final hearings are being listed well into 2028 in many regions, and long multi-day cases can take two years or more. Most claims settle before they are heard, frequently in the weeks before the hearing when both sides have seen the evidence; the guide to settlement agreements explains what a settlement involves.

Representing yourself or instructing a solicitor, and how to pay

Many people represent themselves successfully in straightforward claims for unpaid wages, holiday pay or notice pay, where the facts are documentary and the law is simple, and tribunals are used to litigants in person. A disputed unfair dismissal, a discrimination claim or any case with several witnesses is a different matter: the law is technical, the employer will almost always be represented, and mistakes in the list of issues, disclosure or cross-examination are hard to undo. A solicitor assesses the merits honestly, values the claim, drafts the ET1 and the schedule of loss, manages disclosure and witness statements, negotiates with Acas and the employer's lawyers, and either presents the case or instructs a barrister to do so; the difference between the two is explained in solicitor vs barrister.

Ways to pay vary. Check first for legal expenses cover in a home contents, motor or bank account policy, which often funds employment claims with a reasonable prospect of success. Trade union members can usually get representation through the union. For strong claims with meaningful compensation, some firms act under a damages-based agreement, the employment version of no win no fee, where the fee is a share of what you recover and the law caps it at 35% including VAT. Otherwise firms charge fixed fees for defined stages, such as drafting the claim or preparing you for a hearing you will conduct yourself, or hourly rates for the whole case. Legal aid does not fund tribunal representation in England and Wales apart from limited advice in discrimination cases, but Citizens Advice, law centres, the Free Representation Unit and the Acas helpline provide free help, as described in can I get legal help for free?.

Before contacting anyone, write a dated timeline of events, collect your contract, payslips and correspondence, and calculate your deadline. Then compare employment law solicitors in Newcastle upon Tyne, employment law solicitors in Nottingham or firms near you through the solicitors near me search, and ask each about a free or fixed-fee first meeting; employment law solicitors across the country handle tribunal claims, and the overview of what employment law covers gives the wider picture.

Frequently asked questions

How much does it cost to take an employer to an employment tribunal?

Nothing in fees: there has been no charge to issue a claim since 2017. Your costs are your own legal fees, if you use a lawyer, and time off for hearings. You will not normally have to pay the employer's costs even if you lose, because costs orders are only made for unreasonable conduct or hopeless claims. Legal expenses insurance, trade union membership, a damages-based agreement or fixed-fee help for specific stages can keep your own costs down.

Can I still claim if I have missed the time limit?

Possibly, but do not count on it. For unfair dismissal you must show it was not reasonably practicable to claim in time, which generally means something outside your control, such as serious illness or being misled about the dismissal date; ignorance of the deadline is rarely enough. For discrimination the tribunal asks whether an extension is just and equitable, weighing the delay, the reasons for it and any prejudice to the employer. Notify Acas immediately and take advice on the arguments.

Will the employer have to pay my legal costs if I win?

Usually not. Unlike the civil courts, employment tribunals expect each side to pay its own costs regardless of the result. A costs order is possible where the other side behaved vexatiously, abusively, disruptively or otherwise unreasonably, or ran a case with no reasonable prospect of success, and the tribunal can award up to £20,000 without a detailed assessment. If you represent yourself you can ask for a preparation time order instead, paid at an hourly rate for the time you spent.

Do I have to attend the hearing in person?

Many preliminary hearings are held by telephone or video, and final hearings may be in person at a tribunal office or by video, depending on the region and the case; the notice of hearing tells you which. You must attend and give evidence if your claim is to succeed, because the tribunal decides on the evidence it hears. If you cannot attend on the date, apply to postpone as early as possible with evidence; late applications are often refused.

Can I settle after the claim has been issued?

Yes, at any point up to and even during the hearing. Acas conciliation stays available throughout, and the parties can also negotiate directly or through solicitors and record the deal in a COT3 or a settlement agreement. Many cases settle after disclosure and witness statements, when each side can see how the evidence looks, and judicial mediation offers a structured alternative for longer cases. A settlement is binding and ends the claim, so take advice on the figure first.

What is the Employment Appeal Tribunal?

The EAT hears appeals from employment tribunals in England, Wales and Scotland, but only on points of law: that the tribunal applied the wrong legal test, reached a decision no reasonable tribunal could reach, or failed to give adequate reasons. It cannot rehear the facts. A notice of appeal must be lodged within 42 days of the written judgment or reasons being sent, with the required documents attached, and there is no fee. Its decisions can be appealed further to the Court of Appeal with permission.

Related guides

• Unfair Dismissal: Your Rights, Time Limits and Compensation
• Discrimination at Work: Protected Characteristics and How to Make a Claim
• Constructive Dismissal: When Can You Resign and Claim?
• Settlement Agreements: What They Are and Why You Need a Solicitor
• What Is Employment law?

This guide describes the law in England and Wales as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.