TRW & Co · UK employment law
The Employment Tribunal Process from Acas to Hearing
The employment tribunal process runs from Acas early conciliation through the ET1 claim and ET3 response to preliminary hearings, disclosure, witness statements and a final hearing. This guide explains each stage, the six-month time limit that applies to acts from 1 October 2026, costs and settlement, and the mistakes that most often decide cases.
Key pointThe new six-month time limit applies only where the act complained of falls on or after 1 October 2026, so for months both regimes will run side by side. Calculating the deadline from the earliest plausible date, and adding the Acas clock-stop correctly, remains the single most important step.
At a glance
Acas comes first
Most claimants must notify Acas and obtain an early conciliation certificate before presenting a claim; conciliation lasts up to six weeks and stops the clock.
Six-month time limit
For most claims where the relevant date is on or after 1 October 2026, the time limit is six months rather than three months less one day.
28 days to respond
Employers must file an ET3 response within 28 days of the claim being sent, or risk judgment being issued without a hearing.
No fee, few costs
There is no fee to issue a claim, and costs orders are made only in limited cases such as unreasonable conduct or hopeless claims.
Bigger claims ahead
From 1 January 2027, the unfair dismissal qualifying period falls to six months and the compensatory award cap is removed.
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The employment tribunal process: the short answer
The employment tribunal process in England and Wales runs in a predictable sequence: Acas early conciliation, the claim form (ET1), the employer's response (ET3), one or more preliminary hearings for case management, disclosure of documents, exchange of witness statements, and a final hearing before an Employment Judge, sometimes sitting with two lay members. Many claims settle along the way, often through Acas.
Two changes in 2026 matter. First, for most claims where the act complained of happened on or after 1 October 2026, the time limit is six months rather than three. Secondly, from 1 January 2027 the unfair dismissal qualifying period falls from two years to six months and the cap on the compensatory award is removed, so more claims will reach the tribunal and their value will rise.
There is no fee to issue a claim. Costs orders are the exception rather than the rule, so each side usually bears its own legal costs whatever the outcome. That changes the economics of settlement compared with court litigation.
The legal framework and the tribunal system
Employment tribunals are independent judicial bodies that decide statutory employment claims: unfair dismissal, discrimination and harassment under the Equality Act 2010, whistleblowing detriment, unlawful deductions from wages, redundancy pay, holiday pay, equal pay and many others. They can also hear certain breach of contract claims arising on termination.
Procedure is governed by the Employment Tribunal Procedure Rules 2024, which came into force on 6 January 2025 and replaced the 2013 rules. The overriding objective is to deal with cases fairly and justly, including avoiding unnecessary formality and delay, and putting the parties on an equal footing.
Early conciliation is set out in the Employment Tribunals Act 1996, and the extension of time limits during conciliation is in provisions such as section 207B of the Employment Rights Act 1996. The Employment Rights Act 2025 increased most tribunal time limits to six months, brought into force on 1 October 2026 by SI 2026/954.
Hearings are usually public and judgments are published online, which matters to employers concerned about reputation. Some claims are heard by an Employment Judge sitting alone; others, particularly complex discrimination and whistleblowing claims, may be heard by a judge with two non-legal members drawn from employer and employee backgrounds. Hearings may take place in person, by video or in a hybrid format.
England and Wales share one tribunal system. Scotland has its own employment tribunals under the same rules, with some procedural differences. Northern Ireland has a separate system of industrial tribunals and its own conciliation service. Judicial guidance and practice directions are published by the judiciary.
Time limits in the employment tribunal process: the 2026 extension
Missing a time limit is the most common way a strong claim is lost. The employment tribunal process starts with the clock, not the claim form.
| Claim | Relevant date before 1 October 2026 | Relevant date on or after 1 October 2026 | Extension test if late |
|---|---|---|---|
| Unfair dismissal | Three months less one day from the effective date of termination | Six months | Not reasonably practicable to claim in time |
| Discrimination and harassment | Three months less one day from the act, or the end of conduct extending over a period | Six months | Just and equitable |
| Unlawful deduction from wages | Three months less one day from the deduction, or the last in a series | Six months | Not reasonably practicable |
| Whistleblowing detriment | Three months less one day from the act, or the last in a series | Six months | Not reasonably practicable |
The six-month limit applies only where the relevant date falls on or after 1 October 2026. For earlier events, the old limit applies even if the claim is presented later. GOV.UK's guidance on making a claim reflects this.
The early conciliation clock-stop
Time stops running while Acas early conciliation is under way, from the day Acas receives the notification until the day the certificate is issued. If the extended limit would otherwise expire during conciliation or shortly after it ends, the statute gives the claimant at least one month after the certificate to present the claim. The calculation is unforgiving, and errors about the effective date of termination are common, so always work from the earliest possible date.
The "not reasonably practicable" test is strict; ignorance of the time limit is rarely enough. The "just and equitable" test for discrimination is more flexible, but there is no presumption that time will be extended.
The employment tribunal process, step by step
Every case is different, but most follow this sequence. Timescales depend heavily on the region and the complexity of the case, and a contested discrimination claim can take well over a year to reach a final hearing.
- Acas early conciliation. The prospective claimant notifies Acas, which contacts both sides and tries to broker a settlement over a period of up to six weeks. If it does not settle, Acas issues a certificate with a number that must appear on the claim form.
- ET1 claim form. The claimant presents the ET1, usually online, setting out the claims and the facts relied on. Clear particulars at this stage avoid later disputes about amendments.
- ET3 response. The respondent has 28 days from the date the claim is sent to it to file an ET3. Missing the deadline can lead to judgment without a hearing, so diary it immediately.
- Preliminary hearing. An Employment Judge identifies the claims and issues, lists the final hearing and makes case management orders. Separate preliminary hearings may decide time limits, employment status, disability or strike-out applications.
- Disclosure and bundle. Each side discloses relevant documents, including unhelpful ones, and the parties agree a hearing bundle.
- Witness statements. Statements are usually exchanged at the same time and stand as each witness's main evidence.
- Final hearing. Witnesses are cross-examined, the parties make submissions and the tribunal decides liability, often followed by a remedy hearing if the claimant succeeds.
- Judgment, reconsideration and appeal. The tribunal gives judgment orally or in writing. A party can apply for reconsideration or appeal on a point of law to the Employment Appeal Tribunal, within 42 days of the written reasons being sent.
The list of issues agreed at the first preliminary hearing defines the case. Claims or defences not in it are hard to add later. Prepare for that hearing as carefully as for the final hearing, with a draft list of issues and a realistic estimate of witnesses and days.
Evidence, disclosure and witness statements
Evidence is where the employment tribunal process is won or lost. The tribunal is less formal than the High Court, but evidence still wins cases. Contemporaneous documents usually carry more weight than recollection, especially where a witness's account changes over time.
Disclosure
Each side must disclose documents relevant to the issues, whether helpful or not. That includes emails, messages on workplace platforms, meeting notes, HR records and, increasingly, data from collaboration tools. Employers should issue a document preservation notice as soon as a claim is in prospect. Privileged legal advice is protected, but HR advice and internal notes generally are not.
Witness statements
A good witness statement is in the witness's own words, follows a chronology, refers to the bundle by page number and deals with the points in the list of issues. Statements drafted by lawyers in a style no witness would use tend to fall apart under cross-examination.
Remedy evidence
Claimants should keep a record of job applications and earnings after dismissal, because compensation is reduced for failure to mitigate loss. Employers should gather evidence of the job market and of any reason compensation should be reduced, such as contributory conduct or the likelihood of a fair dismissal anyway. For a breakdown of what tribunals award, see our guide to unfair dismissal.
Settlement, costs and what a claim is worth
Settlement is possible at every point in the employment tribunal process, and the economics push strongly towards it: each side usually bears its own costs, management time is significant and hearings are public, with judgments published online. Most claims never reach a final hearing. They are withdrawn, struck out or settled, often through an Acas COT3 agreement or a settlement agreement. Judicial mediation may be offered in suitable cases, particularly discrimination claims.
The tribunal rarely awards costs. It can do so where a party or its representative has acted vexatiously, abusively, disruptively or otherwise unreasonably, or where a claim or response had no reasonable prospect of success. A deposit order may be made where an allegation has little reasonable prospect, as a condition of continuing to pursue it.
On value, the compensatory award for ordinary unfair dismissal is currently capped at the lower of 52 weeks' gross pay and £123,543, for dismissals on or after 6 April 2026. That cap is removed for dismissals with an effective date of termination on or after 1 January 2027. Discrimination and whistleblowing compensation is already uncapped. An unreasonable failure to follow the Acas Code of Practice on discipline and grievance can lead to an adjustment of up to 25% either way.
Illustrative scenario: a dismissal in late 2026
This scenario is illustrative only. It does not describe any real client or outcome.
An operations manager with three years' service is dismissed for alleged misconduct, with an effective date of termination of 15 October 2026. He believes the real reason is that he raised concerns about safety records. Because the termination date is after 1 October 2026, his time limit for unfair dismissal and whistleblowing claims is six months, extended by any period of early conciliation.
He contacts Acas in November. Conciliation does not produce a settlement and a certificate is issued. His solicitors file an ET1 claiming ordinary unfair dismissal and automatically unfair dismissal for making protected disclosures. The employer files its ET3 within 28 days, denying the claims and relying on a disciplinary investigation.
At the preliminary hearing, the judge agrees a list of issues, orders disclosure and witness statements, and lists a five-day hearing. The employer's disclosure includes emails showing that the dismissing manager knew about the safety concerns. Both sides reassess risk, and the claim settles through Acas shortly before the final hearing. The key lesson for the employer is that the documents, not the witnesses, determined the outcome.
Risks and common mistakes in the employment tribunal process
Getting the time limit wrong
Claimants miscalculate the effective date of termination, assume an internal appeal stops the clock, or forget that the early conciliation extension depends on contacting Acas in time. Employers sometimes assume the new six-month limit applies to everything; it applies only where the relevant date is on or after 1 October 2026. Work out the earliest plausible start date, add early conciliation correctly and diary the deadline with a margin. Internal grievances and appeals do not stop time running.
Missing the ET3 deadline
Respondents have 28 days from the date the claim is sent to them to file their response. Claims are sometimes sent to an old registered office or a manager who has left. A late ET3 needs an application for an extension with an explanation, and if none is accepted the tribunal may issue judgment. Make sure the address on employment documents and Acas forms is monitored, and escalate any tribunal correspondence immediately.
Poorly pleaded claims and responses
Vague ET1s and ET3s lead to arguments about whether a claim was ever made, and amendment applications that may be refused. Set out each claim, the legal basis, the key facts, dates and the people involved. For discrimination claims, identify the protected characteristic, the type of discrimination and each act complained of. For respondents, deal with each allegation and set out the reasons for dismissal clearly.
Treating the tribunal as informal
The tribunal is more accessible than court, but it enforces its orders. Late disclosure, missed deadlines and unprepared witnesses can lead to unless orders, strike-out or costs. Represented parties are held to higher standards. Keep a case timetable, comply with orders on time and apply early for variations where needed.
Cross-border claims and overseas employers
Employees who work in Great Britain can usually bring tribunal claims against their employer, even if the employer is based overseas. Employees working abroad may also be able to claim where their employment has a sufficiently strong connection with Great Britain, which is a fact-sensitive question that is often argued as a preliminary issue.
Overseas parent companies sometimes ignore tribunal correspondence sent to a UK subsidiary or branch, with damaging results. Groups headquartered in Bangladesh, the Gulf or Singapore should ensure that UK claims are escalated to someone with authority to instruct lawyers within the 28-day ET3 window. Our UK–Bangladesh team helps Bangladeshi groups manage UK employment disputes alongside our Dhaka office.
What to do next: a checklist
- Identify the relevant date and calculate the time limit, applying the 1 October 2026 rule.
- Contact Acas promptly and record the conciliation dates.
- Preserve documents and messages, and stop routine deletion.
- Draft a clear ET1 or ET3 with each claim and defence set out.
- Prepare a draft list of issues before the first preliminary hearing.
- Gather remedy evidence early, including mitigation.
- Keep settlement under review at each stage of the employment tribunal process.
Our employment tribunal team acts for employers and senior employees at every stage of the employment tribunal process, from early conciliation to final hearing and appeal. Where advocacy in the higher courts is required, we instruct specialist counsel. For broader advice see our employment law practice, or contact our London office.
Frequently asked questions
01How long does the employment tribunal process take?
It varies widely by region and complexity. Early conciliation can last up to six weeks. After the ET1 is presented, the employer has 28 days to respond, and a preliminary hearing usually follows to set the timetable. Simple wage claims may be heard within months, while contested discrimination or whistleblowing claims often take well over a year to reach a final hearing. Many cases settle before then, often through Acas.
02What is the time limit for an employment tribunal claim?
For most claims where the relevant date, such as the dismissal or discriminatory act, falls on or after 1 October 2026, the time limit is six months. For earlier events, the old limit of three months less one day still applies. Acas early conciliation pauses the clock and can extend the deadline. Late claims are allowed only if it was not reasonably practicable to claim in time, or for discrimination if it is just and equitable, so never rely on an extension.
03Do I have to go through Acas before making a claim?
In most cases, yes. You must notify Acas and get an early conciliation certificate for each respondent before presenting an ET1, unless an exemption applies. Acas will contact the employer and try to help the parties settle. Conciliation is free and confidential, and the period of conciliation stops the time limit running. If the dispute settles, it is usually recorded in a binding COT3 agreement.
04Does it cost money to bring an employment tribunal claim?
There is no fee to make a claim to an employment tribunal. You may still have costs, such as legal representation, witness expenses or expert evidence. Each side usually pays its own legal costs, whatever the outcome. The tribunal can order a party to pay the other's costs, but only in limited situations, such as unreasonable conduct of the proceedings or pursuing a claim with no reasonable prospect of success.
05What happens at a preliminary hearing?
A preliminary hearing is usually held by phone or video after the ET3 is filed. The Employment Judge clarifies the claims and defences, agrees a list of issues, lists the final hearing and makes orders for disclosure, witness statements and the bundle. Separate preliminary hearings can decide specific points, such as whether a claim was in time, whether the claimant was an employee or disabled, or whether a claim should be struck out or subject to a deposit order.
06Can I appeal an employment tribunal decision?
You can appeal to the Employment Appeal Tribunal, but only on a point of law, for example if the tribunal misapplied the law or reached a decision no reasonable tribunal could reach. The appeal must be lodged within 42 days of the date the written reasons were sent. You can also ask the tribunal to reconsider its own judgment where that is necessary in the interests of justice. Further appeals go to the Court of Appeal with permission.
Sources and official materials
- Employment Tribunal Procedure Rules 2024 — Procedural rules in force since 6 January 2025
- Employment Rights Act 2025 (Commencement No. 5) (Amendment) Regulations 2026 — Six-month time limits from 1 October 2026
- GOV.UK: Make a claim to an employment tribunal — Acas certificates, time limits and no fee
- GOV.UK: After you make a claim — Responses, preliminary hearings and documents
- Acas: Early conciliation — How early conciliation works
- Judiciary: Employment Tribunal — Presidential guidance and practice directions
- GOV.UK: Employment tribunal decisions — Published first-instance judgments
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.