TRW & Co · Employment, Pensions & Immigration
Employment Tribunal Solicitors in London
Employment tribunal solicitors London employers and senior employees instruct manage claims for unfair dismissal, discrimination, whistleblowing and pay. Since 1 October 2026 most claims have a six-month time limit, Acas conciliation can last up to 12 weeks, and from January 2027 the unfair dismissal cap disappears, so early strategy matters more than ever.
Key pointWith six-month time limits and a pause for Acas conciliation of up to 12 weeks, a claim can be issued many months after the event, so employers should preserve emails and messages as soon as a dispute is foreseeable.
At a glance
Six-month time limit
For acts on or after 1 October 2026, most claims must be brought within six months, extended by the Acas early conciliation period.
Early conciliation first
Acas early conciliation is mandatory before most claims and can last up to 12 weeks, with at least one month to file after the certificate.
28-day response
Employers must file the ET3 response within 28 days of the claim being sent, or risk judgment being entered without a hearing.
Compensation limits
The unfair dismissal compensatory award is capped at the lower of 52 weeks' pay and £123,543 until the cap is removed on 1 January 2027.
No fee to claim
Bringing a claim or appeal is free, and costs orders are exceptional, so each side usually bears its own legal costs.
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What Employment Tribunal claims cover in England and Wales
Employment tribunal solicitors London employers and senior employees instruct handle claims that can run from a single unpaid wages complaint to multi-week discrimination and whistleblowing hearings with uncapped compensation. The Employment Tribunal is a specialist body that decides most statutory employment disputes, and the way a claim is managed in its first weeks often decides how it ends.
The most common claims are unfair dismissal, discrimination, harassment and victimisation under the Equality Act 2010, whistleblowing detriment and dismissal, unlawful deductions from wages, holiday pay, redundancy pay, equal pay, failure to consult collectively and breach of contract on termination. Many claims combine several heads, and a single dismissal can generate claims against the employer and, for discrimination and whistleblowing, against individual managers.
Tribunal litigation has changed significantly. Most claims now have a six-month time limit, early conciliation can last up to 12 weeks, the Employment Tribunal Procedure Rules 2024 apply, and from 1 January 2027 the unfair dismissal landscape changes again. Employment tribunal solicitors London businesses rely on must manage claims with all of these moving parts in view.
The legal and procedural framework
Employment Tribunals are established under the Employment Tribunals Act 1996 and follow the Employment Tribunal Procedure Rules 2024, which replaced the previous rules from 6 January 2025. The judiciary publishes practice directions and Presidential Guidance, including the bands for injury to feelings awards, which are updated periodically. The substantive rights come mainly from the Employment Rights Act 1996, the Equality Act 2010 and the Trade Union and Labour Relations (Consolidation) Act 1992.
London has several tribunal venues, including London Central, London South and London East, and many hearings now take place by video or in hybrid form. Appeals on points of law go to the Employment Appeal Tribunal, and from there with permission to the Court of Appeal and the Supreme Court.
Scotland and Northern Ireland
Scotland has its own Employment Tribunals administration and the Employment Appeal Tribunal sits in Edinburgh for Scottish cases, with further appeals to the Court of Session. Northern Ireland has a separate system of Industrial Tribunals and a Fair Employment Tribunal, with conciliation by the Labour Relations Agency, and different time limits and rules may apply.
Fees
No fee is payable to bring a claim or an appeal. The government confirmed in October 2025 that bringing a claim would remain free, although parties still bear their own legal costs in most cases.
Time limits and Acas early conciliation
Time limits are the first thing employment tribunal solicitors London claimants and respondents check, because a late claim is usually fatal unless the tribunal extends time. Since 1 October 2026 the general limit is six months, as GOV.UK guidance confirms.
| Stage | Time limit | Notes |
|---|---|---|
| Starting a claim (most claims) | Six months where the act complained of is on or after 1 October 2026; three months before that date | Usually runs from the act, the effective date of termination or the last act in a series |
| Acas early conciliation | Must be started before most claims; the conciliation period can last up to 12 weeks | The limitation clock pauses, and the claimant has at least one month after the certificate to file |
| Employer's response (ET3) | 28 days from the date the claim was sent | A late or missing response risks judgment without a hearing |
| Appeal to the EAT | 42 days from the date the judgment or written reasons were sent | Appeals lie only on points of law |
Extensions are possible but uncertain. For unfair dismissal and most Employment Rights Act claims, the tribunal can extend time only where it was not reasonably practicable to claim in time. For discrimination, it can extend where it is just and equitable to do so. Both tests are applied strictly in practice.
Early conciliation through Acas is mandatory before most claims. It is often the cheapest point to settle, and a settlement through Acas is recorded on a form known as a COT3, which binds both parties.
The tribunal process from claim to judgment
- Early conciliation. The prospective claimant notifies Acas, which contacts the employer. Both sides can explore settlement confidentially before any claim is issued.
- Claim form (ET1). The claimant files the claim online with the early conciliation certificate number, setting out the claims and the facts relied on.
- Response (ET3). The employer files its response within 28 days, setting out its defence, any jurisdictional points such as time limits or qualifying service, and its version of events.
- Preliminary hearing. An Employment Judge clarifies the issues, makes case management orders and may decide preliminary points such as time limits, employment status or disability.
- Disclosure and documents. The parties exchange relevant documents, including those that harm their own case, and agree a hearing bundle.
- Witness statements. Each side's witnesses give written statements that usually stand as their evidence in chief, then face cross-examination at the hearing.
- Final hearing and remedy. The tribunal decides liability and, if the claim succeeds, remedy. Judgments are published online, and written reasons can be requested.
- Reconsideration or appeal. A party can ask the tribunal to reconsider or appeal to the EAT on a point of law within 42 days.
Our article on the Employment Tribunal process walks through each stage in more depth.
Remedies, compensation and costs
Understanding the realistic value of a claim drives every decision about defending or settling. Employment tribunal solicitors London clients instruct should give a reasoned valuation early and update it as evidence emerges.
Unfair dismissal
Compensation comprises a basic award, calculated by age, service and a week's pay capped at £751, and a compensatory award for financial loss. The compensatory award is currently limited to the lower of 52 weeks' gross pay and £123,543 under the Employment Rights (Increase of Limits) Order 2026. From 1 January 2027 the cap is removed and the qualifying period falls to six months. Reinstatement and re-engagement are available but rarely ordered. See our article on unfair dismissal.
Discrimination and whistleblowing
Compensation for discrimination and whistleblowing is uncapped and can include financial loss, injury to feelings assessed by reference to published bands, aggravated damages and interest. Senior employees with long career losses can bring very high-value claims. Individual managers can be named as respondents.
Adjustments and costs
Tribunals can increase or reduce awards by up to 25% for an unreasonable failure to follow the Acas Code of Practice on disciplinary and grievance procedures, and can uplift compensation for breach of the duty to prevent sexual harassment. Costs orders are the exception, not the rule: they are typically made only for unreasonable or vexatious conduct or claims with no reasonable prospect of success. Deposit orders can be made where a claim or defence has little reasonable prospect of success.
Because each side usually bears its own costs, the legal spend on defending a claim to a final hearing can exceed the sum in dispute. Settlement strategy should be decided early, not on the eve of the hearing.
Defend, settle or seek an early ruling: strategic options
Every claim reaches a point where the parties must decide how far to take it. Employment tribunal solicitors London employers instruct should present the options with their likely cost, timing and risk, so that the decision is commercial rather than emotional.
Settle in early conciliation
Settling before a claim is issued keeps the dispute private, avoids the cost of pleadings and preliminary hearings, and often achieves the lowest overall cost. The trade-off is that the employer has not yet seen the claimant's full case, so the valuation is less certain. Acas conciliators can relay offers and record agreed terms quickly in a COT3.
Seek a strike-out or deposit order
Where a claim is out of time, the claimant lacks qualifying service or status, or a claim has no reasonable prospect of success, an early application can narrow or end the case. Tribunals are cautious about striking out discrimination and whistleblowing claims before evidence is heard, because those claims are fact-sensitive. A deposit order, which requires the claimant to pay a sum to continue a weak allegation, can be a useful middle course and raises the risk of costs if the allegation later fails.
Judicial mediation
In suitable cases the tribunal may offer judicial mediation, where an Employment Judge who will not hear the case helps the parties explore settlement. It is free, confidential and often effective in complex discrimination claims where the relationship or reputational issues matter as much as money.
Defend to a final hearing
Defending fully makes sense where the employer has strong documents, credible witnesses and a principle at stake, such as a consistent approach to misconduct. The cost of preparation and the management time needed for witness evidence are significant, and judgments are published online. Employment tribunal solicitors London boards rely on should revisit the decision at each milestone, such as after disclosure and exchange of witness statements, when the strength of the evidence becomes clearer.
For senior individuals, the same options apply in reverse. A claimant should weigh the time and stress of litigation, the publicity of a judgment and the chance of a lower award against the certainty of a negotiated settlement, ideally with a reference and agreed announcement.
Documents and evidence to assemble
Tribunal cases are won and lost on contemporaneous documents. Preserve and collect the following as soon as a dispute is foreseeable:
- The contract, written statement of particulars, handbook and relevant policies in force at the time.
- Investigation, disciplinary, grievance and appeal records, including notes of meetings and outcome letters.
- Emails, chat messages and other communications about the claimant, including on collaboration platforms and personal devices used for work.
- Performance reviews, objectives, pay and bonus records and comparator information.
- Redundancy selection criteria, scoring and consultation records, where relevant.
- Evidence of mitigation: the claimant's job search and new earnings, which affect compensation.
- Any subject access request responses, which often preview the documents the claimant will rely on.
Issue a litigation hold as soon as a grievance alleging discrimination or whistleblowing is raised, or a claimant contacts Acas. With six-month time limits and conciliation of up to 12 weeks, claims can arrive many months after the event, and routine deletion of emails and messages can leave an employer unable to prove its case.
Risks and common mistakes
Missing the ET3 deadline
An employer that does not file a response within 28 days risks a judgment being issued without a hearing. Claims are sent to the address given by the claimant, which may be a branch or an old registered office. Employers should make sure tribunal correspondence is routed to HR and legal quickly. If a deadline has been missed, an application for an extension or reconsideration must be made promptly with a full explanation and a draft response, because tribunals will weigh the delay and the merits of the defence.
Assuming a claim is out of time
Employers often assume that a claim filed long after a dismissal is time-barred. With six-month limits for acts on or after 1 October 2026, the pause during early conciliation and the one-month extension after the certificate, a claim can be in time many months after the event. Discrimination claims based on a continuing course of conduct run from the end of that conduct, which can bring older events into scope. Calculate time limits carefully before relying on them.
Unprepared witnesses and inconsistent documents
Witness statements that contradict the documents, or managers who have not re-read their own emails, undermine credibility quickly under cross-examination. Statements should be prepared from the documents, in the witness's own words, and checked against the bundle. Managers who left the business may be unwilling to attend, so contact should be maintained and witness orders considered early. Our discrimination and harassment team regularly prepares witnesses for these hearings.
Settling without the right documentation
Statutory employment claims can generally only be waived through an Acas COT3 or a settlement agreement that satisfies the statutory conditions, including independent legal advice for the employee. An informal agreement or an email exchange will not stop a claim. Settlement terms should cover confidentiality within the legal limits, references, tax treatment and the withdrawal and dismissal of any issued claim. Our settlement agreements page explains the requirements.
Treating whistleblowing claims as ordinary unfair dismissal
Whistleblowing claims need no qualifying service, carry uncapped compensation, and can be brought against individual managers for detriment. Interim relief applications must be made within seven days of dismissal and can lead to an order continuing the employee's contract until the final hearing. Employers should take advice immediately when a dismissed employee alleges they were dismissed for making protected disclosures. See our whistleblowing page.
Cross-border tribunal claims
International employers in London face tribunal claims that raise questions of territorial jurisdiction, governing law and enforcement. Employment tribunal solicitors London overseas groups instruct must deal with these at the outset.
Bangladesh
Bangladeshi employers with London staff are subject to UK tribunal jurisdiction for employees working in Great Britain. Witnesses and documents in Dhaka can be handled through video evidence, subject to the tribunal's permission and rules on giving evidence from abroad.
European Union
Employees who work across the UK and EU may have claims in both places. Whether the British tribunal has jurisdiction depends on how closely the employment is connected to Great Britain.
The Gulf
Gulf-headquartered employers cannot rely on contractual choice of foreign law or courts to oust UK statutory rights for London-based staff. Enforcement of awards against overseas entities needs separate planning.
Singapore and China
Asian groups often need to coordinate tribunal disclosure with data protection and confidentiality rules at home, especially where documents sit on servers outside the UK.
Where the dispute extends beyond employment, our UK–Bangladesh disputes team coordinates proceedings across jurisdictions.
How TRW & Co's employment tribunal solicitors London clients instruct can help
TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. We conduct tribunal litigation for employers and senior individuals.
Early assessment
Time limit analysis, merits and valuation, and a strategy for early conciliation, including whether and when to make a settlement offer.
Pleadings and case management
ET1 and ET3 drafting, further particulars, preliminary hearings, applications to strike out or for deposit orders, and compliance with case management orders.
Evidence and hearing
Disclosure, bundles, witness statements and hearing preparation. We conduct hearings in the Employment Tribunal and, where advocacy in the higher courts is required, we instruct specialist counsel.
Settlement and appeals
COT3s and settlement agreements, judicial mediation, reconsideration applications and appeals to the Employment Appeal Tribunal.
We do not promise outcomes, but we give candid advice on prospects and value at every stage. Browse our practices, read our employment law page, or contact us at info@trw.co.
Checklist when a claim is threatened or issued
- Have we calculated the time limit, allowing for the six-month rule and any early conciliation pause?
- Is the ET3 deadline diarised and the response being prepared with full instructions?
- Have we issued a litigation hold covering emails, chat messages and personal devices?
- Do we know which individual managers are named or could be named?
- Have we valued the claim realistically, including uncapped heads and the 25% Acas adjustment?
- Are our key witnesses available, still employed and willing to give evidence?
- Have we considered insurance cover and notified insurers where required?
- Is there a settlement strategy, with authority agreed for conciliation or judicial mediation?
- Have we considered reputational and regulatory consequences of a public judgment?
Frequently asked questions
01How long do I have to bring an Employment Tribunal claim?
For most claims, six months where the act complained of happened on or after 1 October 2026, and three months where it happened before. The clock pauses during Acas early conciliation, which must usually be started first, and the claimant has at least one month after the certificate to file. Some claims, such as equal pay, have different rules. Tribunals can extend time only in limited circumstances, so it is safest to treat the deadline as fixed.
02What happens during Acas early conciliation?
The prospective claimant notifies Acas, which contacts the employer and offers to help the parties settle. Participation is voluntary for both sides, and discussions are confidential. The conciliation period can last up to 12 weeks. If a settlement is reached, it is recorded in a binding COT3. If not, Acas issues a certificate whose number the claimant needs to file the claim.
03What should an employer do on receiving a claim?
Diarise the 28-day deadline for the ET3 response immediately, and notify any insurer. Issue a litigation hold to preserve documents and messages. Identify the decision-makers and witnesses, gather the key records and check time limits and qualifying service. Take advice on the merits and value of the claim so that you can decide whether to defend fully, seek a strike-out or deposit order, or settle.
04How much compensation can a tribunal award?
For ordinary unfair dismissal, a basic award based on age, service and a week's pay capped at £751, plus a compensatory award capped at the lower of 52 weeks' pay and £123,543, for dismissals on or after 6 April 2026. From 1 January 2027 that cap is removed. Discrimination and whistleblowing awards are already uncapped and can include injury to feelings and interest. Awards can be adjusted by up to 25% for failure to follow the Acas Code.
05Can I recover my legal costs if I win?
Usually not. The Employment Tribunal is a largely no-costs jurisdiction. Costs orders are made only in limited circumstances, such as where a party has acted vexatiously, abusively, disruptively or otherwise unreasonably, or where a claim or response had no reasonable prospect of success. That is why early valuation and settlement strategy are so important for both sides.
06Can a tribunal decision be appealed?
An appeal to the Employment Appeal Tribunal is possible only on a point of law, such as a misdirection on the legal test or a perverse finding, not simply because a party disagrees with the facts found. The appeal must be lodged within 42 days of the date the judgment or written reasons were sent. A party can also ask the tribunal itself to reconsider a judgment where it is in the interests of justice.
07Do you act in tribunal claims for overseas employers?
Yes. We act for employers headquartered in Bangladesh, the Gulf, Asia and Europe whose London staff bring tribunal claims, and for senior individuals. We deal with jurisdiction questions, evidence held overseas and coordination with group policies. Our London office is regulated by the Solicitors Regulation Authority. Contact us at info@trw.co.
Sources and official materials
- GOV.UK: Make a claim to an employment tribunal — Time limits, fees and how to claim
- Employment Tribunal Procedure Rules 2024 — Procedural rules for tribunal claims
- Acas: Early conciliation — Mandatory pre-claim conciliation
- Judiciary: Employment Tribunal practice directions and guidance — Presidential Guidance and practice directions
- Employment Rights (Increase of Limits) Order 2026 — Compensation limits from 6 April 2026
- Employment Appeal Tribunal — Appeals on points of law
- Employment Rights Act 1996 — Unfair dismissal and statutory employment rights
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.