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Process of an employment tribunal claim

Posted by Supportis Legal Experts in HR and Employment Law

Since fees were abolished in 2017, employees are now more likely to file Employment Tribunal claims. It is therefore even more important that employers act in accordance with employment legislation.

Typical disputes that arise in the workplace include:

  • Unfair/constructive dismissal
  • Discrimination
  • Unpaid wages
  • Protected disclosure
  • Breach of statutory right/contract

Ideally any issues that could potentially lead to an Employment Tribunal should be addressed with the employee in the workplace and an informal discussion can often lead to a resolution. However, if this is not the outcome there are strict rules around what, where and when constitutes a claim.

Timeframe to file a claim at the Employment Tribunal

An employee has 3 months minus 1 day from the date of the incident occurring, e.g. an employee is dismissed on 15th January 2019, they have until 14th April 2019 to file a claim.


Before filing a claim, the employee must contact ACAS and start a process called Early Conciliation (a form of mediation). This is free and impartial.

Early conciliation is up to 4 weeks and can be extended by a further 2 weeks if they are almost near settling the matter.

The process of Early Conciliation ‘stops the clock’ on the 3 months minus 1 day timeframe, e.g. an employee is dismissed on 15th January 2019, on 15th February 2019 the employee contacts ACAS to start Early Conciliation. This came to an end after 4 weeks on 15th March 2019. The employee now has until 14th May 2019 to file a claim at the Employment Tribunal.

Submitting a claim to the Tribunal

An employee must complete an ET1 form in order to submit a claim. As stated earlier, since 26th July 2017 these claims have been free.

ACAS are still available even after filing the claim and cases can still be settled up until the Judge makes a final judgement.

How we can help you

Our HR experts can advise employers on all aspects of employment law ensuring that they are compliant and therefore minimise the risks of being taken to an Employment Tribunal.

Our legal team can assist throughout the ACAS Early Conciliation process.

If you are taken to an Employment Tribunal, our legal team will act on your behalf and conduct full litigation during the tribunal claim. Full advice and guidance are provided throughout the process to ensure we get the best possible outcome.

To find out more call 0161 603 2156 or click here to request a free consultation.

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