Tribunal Claims Including Representation
Whether you are an employee or an employer, addressing difficulties at work is stressful and often confusing.
What the Employment Tribunal is and what it hears?
The Employment Tribunal (ET) is a specialist court that decides workplace disputes. It is separate from the civil courts and has its own rules and procedures.
Typical claims include unfair dismissal, wrongful dismissal, discrimination (equality law), harassment and victimisation, whistleblowing (protected disclosures), unlawful deductions from wages and redundancy pay.
Most claims are brought by individuals, others by employers (for example, certain counterclaims or applications).
Key Pre-Claim Steps and Time Limits
Before most claims can be started, the prospective Claimant must contact ACAS for Early Conciliation. ACAS will try to facilitate settlement. Participation pauses limitation time for a defined period and ACAS will issue a certificate at the end. The claim form (ET1) generally cannot be filed without the ACAS certificate number, unless an exemption applies.
Time limits are strict and can be complex. Typical primary time limits are three months less one day from the act complained of (for example, the effective date of termination for unfair dismissal, or the last act in a course of discriminatory conduct).
Some claims have different limits and there are limited extension provisions. The ACAS Early Conciliation pause and any arguments about whether it is “just and equitable” or “not reasonably practicable” to present in time are technical. You should take advice urgently and diarise deadlines carefully.
The Basic Process
A claim starts when the Claimant files an ET1 with the Tribunal. The Tribunal serves the claim on the Respondent, who must present an ET3 response within the deadline stated on the notice (usually 28 days from service). Late responses require a successful application for extension.
After pleadings, the Tribunal will manage the case. There may be a Preliminary Hearing to clarify issues, timetables and directions. The Tribunal will usually order standard steps, including disclosure of relevant documents, exchange of witness statements, and, where appropriate, a schedule of loss and counter‑schedule. Expert evidence is rare but can be allowed.
Disclosure requires each party to search for and provide relevant documents, whether helpful or unhelpful, and to produce an agreed bundle where possible. Witness statements are normally exchanged in advance and stand as evidence‑in‑chief at the Final Hearing.
At the hearing, witnesses will be cross‑examined and the Tribunal will hear submissions before giving its decision, either orally or in writing. Remedies may include compensation, reinstatement or re‑engagement in certain cases, declarations, and recommendations in discrimination cases. Interest and tax considerations may apply to monetary awards.
Costs, Fees and Related Orders
There is currently no issue fee to bring or defend an ET claim. Each side usually bears its own legal costs.
However, Cost Orders are possible, for example where a party or representative has acted vexatiously, abusively, disruptively, or otherwise unreasonably in bringing or conducting proceedings, or where a claim or response had no reasonable prospect of success.
In appropriate cases the Tribunal can order a deposit to continue with a claim or response that appears to have little reasonable prospect of success; failure to pay may result in strike‑out. Costs and deposit decisions are discretionary and fact‑sensitive.
A detailed note on pricing guidance for employment tribunal cases is available here: –
Settlement Options and Without Prejudice Discussions
Cases commonly settle. Settlement may be reached at any stage, including during ACAS Early Conciliation, after issue, or at the door of the hearing.
Two standard routes are available: -
- An ACAS COT3 is a binding settlement recorded by an ACAS conciliator; it can compromise statutory claims and is enforceable.
- A Settlement Agreement is a private contract that must meet statutory formalities, including that the Claimant receives independent legal advice from a relevant adviser.
Without prejudice and “protected conversation” frameworks may apply to negotiations, but their scope and limits can be technical. Terms typically address the settlement sum, tax, references, confidentiality and withdrawal of proceedings.
Practical Tips for Parties
- Start early and get organized
- Identify the key issues in dispute and the legal claims or defences you rely on
- Assemble documents methodically, keeping contemporaneous emails, letters, messages, policies, contracts, pay records and notes
- Create a simple chronology of events with dates and sources
- Identify witnesses with first‑hand knowledge and confirm their availability
- Follow Tribunal directions precisely and meet deadlines
- Communicate professionally with the other side and the Tribunal
- Consider settlement throughout, informed by a realistic assessment of risks, remedies and costs exposure
Representation at a Contested Final Hearing
Final hearings involve rules of evidence, procedure and advocacy. Effective presentation of the case includes marshalled facts, properly prepared witnesses, coherent cross‑examination, and structured legal submissions.
Representation can assist either party in testing the other side’s case, challenging credibility, making applications, handling objections, and addressing the Tribunal on law and remedy.
Parties may represent themselves, but should weigh the complexity, stakes and their confidence with examination of witnesses and submissions when deciding how to proceed.
Need help with an Employment Tribunal claim?
Preston Redman’s aim is to help you understand your options and, where needed, guide you through the Tribunal process and if necessary, represent you at the Final Hearing. Call our helpful team today on 01202 292 242.
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