EMPLOYMENT TRIBUNAL SOLICITORS 

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 to 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 appeal procedure in case your time runs out. The time limit will be extended to account for the time taken by Acas Early reconciliation. Try not to leave your claim until the last minute. The earlier you prepare, the more time you have to make important decisions and prepare a strong case. Find out more about how to time your claim. 

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. 

The other party may possess the documents that you need as evidence, in which case you may need to request access to these documents. The tribunal will order disclosure as part of the case management process. If you believe that not all of the relevant documents have been disclosed, you should request them. If the other party does not provide them, you can apply to the tribunal for an order that the other party must disclose the documents. 

 

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, will make a written statement to the tribunal. These statements are evidence, and so it is crucial that they be clear, accurate and relevant. Witnesses will be asked to approve the statement under oath before being questioned about their evidence. 

 

These statements are given to the other party in advance of the tribunal so that each side has the chance to prepare questions and responses. The tribunal will set a date for both parties to share their 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 a workplace dispute 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.