Employment tribunals

Types of claim can you take to an employment tribunal

Employment tribunals can deal with claims about a number of different things including:

• unlawful discrimination,
• unfair dismissal,
• part time work, fixed term contracts and agency worker regulations,
• time off work including for pregnancy, maternity and caring responsibilities
• flexible working
• health and safety
• Trade Union activities
• equal pay,
• payments in lieu of notice, unpaid wages, unpaid holiday pay, and unlawful deductions,
• redundancy payments,
• breach of contract but only after your job has ended, and
• whistleblowing (where you have told people about serious wrongdoing at your work).

For more information about employment tribunals and the claims you can take, see GOV.UK.

Taking your case to an employment tribunal should be a last resort. It can be a stressful and time-consuming process. 

However, your work should not be able to get away with treating you or anybody else unlawfully and, depending on your case, you may be able to get financial compensation. You should speak to someone with experience of advising on employment rights - see How to find advice about an employment problem.

You can take your case to an employment tribunal without trying to resolve it using your work’s grievance procedure, but any compensation you get is likely to be reduced by up to 25% if you don’t have a very good reason for not going through the grievance procedure first.

An employment tribunal can also increase any compensation by up to 25% if your work doesn’t have a grievance procedure, or they failed to deal with your grievance at all, or they seriously failed to follow the ACAS Code of Practice.

Time limits and employment tribunals

You need to have started a claim at the employment tribunal within 3 months less 1 day from the date of the act or event you are complaining about. BUT before you can do that you have to have used Acas’ Early Conciliation service before you are allowed to start an employment tribunal claim.

Time limits can be very complicated, depending on the complaint. Always try to get advice from an experienced adviser about what time limits apply in your case.
The most important thing is to make a note of dates and deadlines. Don’t leave things until the last minute, as you are likely to lose your right to claim if you are late. Tribunals very rarely give extra time.

Early conciliation

If you can’t sort out things directly with your employer, you must notify Acas of your intention to start an employment tribunal claim. They will offer you the opportunity to use Early Conciliation. Early Conciliation is a free process that involves Acas working with both you and your employer to find a solution acceptable to both of you. The aim is to avoid the need to take a claim to the Employment Tribunal.  Find more information about this process.

You must notify Acas within 3 months less 1 day from the date the problem you are complaining about happened, and preferably much sooner than that. Acas will generally want you to use your work’s grievance and appeal procedure first, but not if that would mean you miss the deadline for making an employment tribunal claim. Notify Acas via their website.

They will guide you through what you need to do before going to an employment tribunal. At the end of Early Conciliation Acas will provide you with a certificate which will contain a number. This is an important document as you will need this number to make a complaint to the Employment Tribunal. At the end of Early Conciliation Acas will provide you with a certificate which will contain a number. This is an important document as you will need this number to make a complaint to the Employment Tribunal.

Fees

You do not have to pay a fee to take your case to an employment tribunal.

This guide was written by Law for Life thanks to funding from the Bar Standards Board.

Law for Life would like to thank all those who provided advice and feedback on this guide and Rebecca Thomas from 42BR Barristers who peer reviewed the guide.

August 2023