Key stages of Employment Tribunal litigation

The House of Commons library has published this useful infographic giving an visual overview of all the key stages of litigation in the Employment Tribunal.

Employment Tribunals: The Essentials

If you believe you’ve been treated unlawfully—through unfair dismissal, discrimination, or unpaid wages—the tribunal is your path to redress. Here is how the process moves from dispute to decision.

1. The Prerequisite: Acas & Grievances

• Internal First: You should attempt to resolve the issue through your employer’s formal grievance procedure. Tribunals look unfavourably on those who skip this step without a good reason.

• Acas Early Conciliation: You must notify Acas before lodging a claim. They will offer a window to settle the dispute (resulting in a legally binding COT3 agreement) before it ever reaches a judge.

  
  

2. The Hard Deadlines

• Most Claims: 3 months minus one day from the date of the incident.

• Redundancy/Equal Pay: 6 months.

• Note: The clock "pauses" during the Acas Early Conciliation period.

  
  

3. The Paperwork (The "Engine Room")

• The ET1 Form: This is your opening statement. It must clearly outline your legal complaints.

  
  

• The ET3 Response: Once your claim is served, the employer has 28 days to respond. If they miss this, you may win by default.

  
  

• Disclosure: Both sides must exchange all relevant documents (emails, contracts, notes) to prepare for the hearing.

  
  

4. The Hearing

• The Panel: Your case is heard by an Employment Judge (sometimes flanked by two non-legal members).

  
  

• Evidence: You (the Claimant) usually go first, followed by the employer. You can expect to be questioned by the Judge and the other side’s representative.

• The Result: If you win, the tribunal can order compensation, reinstatement (your job back), or improvements to working conditions.

  
  

5. If Things Don't Go to Plan

• Enforcement: If you win but they don't pay, you can use High Court Enforcement Officers (bailiffs) to recover the money.

  
  

• Appeals: You have 14 days to ask for a reconsideration and 42 days to appeal to a higher court if a legal mistake was made.