Employment Tribunal FAQs: What to Expect When Bringing a Claim
This guide covers some of the most frequently asked questions our Employment Law team receives—particularly around attending an Employment Tribunal or considering whether to bring a claim. Whether you’re an employee or employer, understanding the process can help you feel more prepared and informed.
What are Employment Tribunals?
Employment Tribunals are independent legal bodies that resolve disputes between employees and employers over employment rights. This includes claims involving unfair dismissal, discrimination, redundancy, and breaches of contract.
What is it like at an Employment Tribunal?
Tribunals are formal hearings, but they are generally less intimidating than traditional courts. Your case will be heard by an employment judge, and sometimes two panel members with relevant expertise. Both sides will present evidence, question witnesses, and make legal arguments before the judge makes a decision.
When do I have to make a claim to an Employment Tribunal?
Claims must be submitted within strict time limits known as the limitation period. This is typically 3 months less one day from the date of dismissal or the act you’re complaining about. Missing the deadline could result in your claim being rejected. Always seek legal advice early to avoid delay.
How long will it take to get to a hearing?
The timeframe varies based on the complexity of your case and how busy the Tribunal is. Simpler claims may reach a hearing in a few months, while more complex cases may take over a year. Legal advice can help provide a realistic timescale.
What do I need to do before the Employment Tribunal?
Before submitting a claim, it’s often best to try to resolve the dispute informally or through your employer’s grievance procedure. Most claims must go through ACAS Early Conciliation first—a free service that offers a chance to settle without going to Tribunal.
If conciliation doesn’t resolve the issue, ACAS will issue a certificate that allows you to proceed with your claim. Once the claim is lodged, the Tribunal will usually set a case management hearing to establish deadlines, including for submitting documents and witness statements.
It is essential to comply with the Tribunal’s directions. You should also gather relevant evidence (emails, contracts, witness statements, etc.) to support your case. The Claimant (usually the employee) bears the burden of proof and must show their employment rights were breached.
Can I represent myself and what will I need to do?
Yes, you can represent yourself. However, Employment Tribunal procedures and employment law can be complex, so legal support is highly recommended. You’ll need to prepare thoroughly: collect evidence, understand the legal basis for your claim, and be ready to question witnesses and present your case.
How do I answer questions during cross-examination?
Be honest, clear, and calm. Listen carefully to the question, and don’t rush your answer. If you don’t understand or aren’t sure, it’s okay to say so. Staying composed under questioning can strengthen your credibility.
How much compensation can an Employment Tribunal award?
Awards vary based on the case and losses suffered. Compensation may include:
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- Loss of earnings
- Future loss of earnings
- Injury to feelings (in discrimination cases)
- Other financial losses (e.g., job search costs)
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There are statutory caps in some types of claims, so speak to a solicitor for a more accurate estimate.
Will I have to pay the other party’s costs?
Generally, each side pays their own legal costs. However, costs can be awarded if a claim or defence is found to be vexatious, abusive, or wholly without merit. This is rare but worth considering when deciding how to proceed.
What can I do if I am not happy with the decision?
If you disagree with the Tribunal’s judgment, you may be able to appeal to the Employment Appeal Tribunal. Appeals can only be made on points of law, not just because you disagree with the outcome. Seek legal advice before deciding to appeal.
Need Legal Advice?
If you’re considering making a claim or need guidance on your employment rights, our experienced Employment Law team is here to help.
Contact us on 01604 936512 / 01908 953674 or email [email protected].
Written by Sara Marshall
Associate Partner, Employment Law at Franklins Solicitors LLP
Specialises in settlement agreements, unfair dismissal, redundancy, discrimination (sex, race, disability, sexual orientation), employment tribunal claims, maternity and paternity rights, flexible working, equal pay, bullying, victimisation, and restrictive covenants.
Sara Marshall is an experienced Employment Law Solicitor at Franklins Solicitors LLP, qualified since 2009 with over 27 years of experience. She is a member of the Employment Lawyers Association and advises both employers and employees on a wide range of contentious and non-contentious employment matters.
Sara specialises in settlement agreements, unfair dismissal, redundancy, discrimination, employment tribunal claims, and workplace policies. Known for her practical advice and supportive approach, she helps clients navigate complex employment issues with confidence.
Outside of work, Sara enjoys running, spending time with her family, and walking their dog, Bailey.
