Claimants must notify Acas before making a claim to a tribunal. There are a few exceptions, but generally most people are required to go through Early Conciliation to try and resolve the problem before pursuing a legal claim. 

In most cases, the deadline for making a claim to a tribunal is three months less one day from the date of the issue. Appealing against a dismissal does not alter this deadline, so it might be sensible to get advice during the appeals procedure in case your time runs out. The time limit will be extended to account for the time taken by Acas Early reconciliation. 

To start a claim, the claimant must fill in an ET1 form to describe their claim. This is the first document the tribunal will read so it is important to set out the claim clearly. The ET1 form must be received by the tribunal, not just posted, by the deadline for making a claim. 

A copy of the ET1 form will be sent to the respondent who, in most cases, has 28 days to respond. They respond with a form called an ET3 to set out their case. If they do not respond the tribunal may make a ‘default judgement’ in the claimant’s favour. 

It is important to have evidence to support your claim, or response, especially if you disagree with something that the other party has stated. You should gather anything concerning your employment and the central issue. This could include: 

 

We can help you to work out what information you need to find, and what is relevant. The more information you have available, the better we will be able to evidence your case. 

 

All relevant evidence will be put into a ‘bundle’ (a file of documents for the tribunal to reference during the hearing). Ideally, both parties will agree on what goes into the bundle, as it is easier for the tribunal to follow just one bundle than one for each party. 

The other party may possess the documents that you need as evidence, in which case you may need to request access to these documents. Whether you are the claimant or the respondent, you should write to the other party or their representative to ask for documents relevant to the case. If the other party fails or refuses to provide the required documents, you can apply to the tribunal for an order. They could also do the same if you refuse or fail to provide documents they have asked for. The tribunal can instruct either party to provide information, but will only do so if they think the request is reasonable and relevant. 

Witnesses, including the complainant and respondent, usually give evidence by reading from a witness statement. Witness statements should outline what happened as clearly as possible. 

 

These statements must be given to the other party a week or two in advance of the tribunal so that each side has the chance to prepare questions and responses. A date will be arranged to share your statements – it should be done at the same time so that the other side isn’t able to change theirs after they’ve seen yours. Once statements have been exchanged you will not be able to add to or change your evidence without a very good reason, so it is important to get the statement right. 

 

You should only ask colleagues to be witnesses if they saw something relevant to the dispute. Tribunals are not interested in character witnesses. Witnesses will need to come to the tribunal hearing to answer questions about their evidence. Just providing a written statement is usually not enough. 

 

Witnesses may be reluctant to get involved in workplace disputes in case it affects their employment. You can ask the tribunal to make an order that the witness must attend. You will need to write to the tribunal explaining why you think this evidence is important, and the reason the witness does not want to attend. If the witness is ordered to attend the tribunal, you may have to pay their expenses. 

You may have a preliminary hearing to make arrangements for the tribunal hearing. This is usually if your case is complex or about discrimination. 

At a preliminary hearing you will set a schedule of dates, including when to swap witness statements and when the hearing will be. You will also discuss which evidence can be used and decide whether to have a Judicial Assessment. 

In a Judicial Assessment, a judge will informally assess the strength of the case, and how much compensation might be awarded. This will be based on the ET1 and ET3 forms and what is said at the preliminary hearing, if you have one. The judge will not examine evidence or hear from witnesses to make an assessment. 

 

If your case is strong, the other party may consider settling the case. Having an idea of the strength of your case and the amount you might win will help you to negotiate a settlement. However, your case may be weaker than you thought, or the judge may suggest you would get less compensation than you expected. You may wish to reach a mutual settlement agreement and limit your loss rather than lose the case. 

 

A Judicial Assessment can only take place if you have been invited to a preliminary hearing or if both parties agree to the assessment. You can request a Judicial Assessment at your preliminary hearing or when you submit your case management agenda. 

You can agree to a settlement at any time up until the tribunal hearing; settlements are often reached in the tribunal waiting rooms. You should think ahead of what you want from a settlement and what you would be willing to accept. If the other party does try to make a last-minute settlement, or you decide that you would like to offer one, we can speak to the other side on your behalf. 

There is a set order for who speaks when, depending on what the claim is for. Witnesses will each read their statements, and then be asked questions by the other side. After hearing from the witnesses, each side can make closing submissions to sum up their case and the evidence supporting it. 

 

Sometimes the tribunal panel will leave the room and make its decision immediately. Sometimes it may take longer, and the tribunal will write to you with their decision. 

After making its decision, the tribunal might allow you time to try and reach an agreement. As well as financial matters, you could agree about arrangements such as references and confidentiality. This allows you some control over what is decided. However, if you can’t reach an agreement the tribunal will award compensation and give a deadline for when it should be paid. 

If you are unhappy with the outcome of your case, you may request a review or an appeal. However, you need a good reason; you can’t appeal just because the decision was against you. You may ask the tribunal to review its decision if you were unable to attend the tribunal for a good reason, or there is new evidence. 

 

If you think the tribunal applied the law incorrectly you can appeal to the Employment Appeal Tribunal. This will mean your case takes longer and is likely to involve more complicated points of law. It will also delay the payment of damages. 

 

We can advise you if we think you have grounds for appeal. You have 42 days from the date you receive the written reasons for the judgement.