Taking Your Employer to a Tribunal

When Can I Take My Employer to a Tribunal?

You can bring an employment tribunal claim for a wide range of issues, including:

**Unfair dismissal** — If you have been sacked without a fair reason or a fair process (you usually need 2 years' service, but there is no qualifying period for automatically unfair dismissals like whistleblowing)

**Discrimination** — If you have been treated less favourably because of a protected characteristic (age, disability, gender, race, religion, sexual orientation, pregnancy, gender reassignment, marriage/civil partnership)

**Unpaid wages or holiday pay** — If your employer has not paid you what you are owed

**Redundancy** — If you believe your redundancy was unfair or you have not received the correct redundancy pay

**Whistleblowing** — If you have been dismissed or treated badly for reporting wrongdoing at work

**Breach of contract** — If your employer has breached your employment contract (e.g. changing your terms without agreement)

**Time limit**: For most claims, you must start the ACAS Early Conciliation process within three months (minus one day) of the event you are complaining about. This is a strict deadline and missing it usually means you cannot bring a claim.

The Employment Tribunal Process

**Step 1: ACAS Early Conciliation** — Before you can lodge a tribunal claim, you must contact ACAS (Advisory, Conciliation and Arbitration Service). This is free and mandatory. ACAS will try to help you and your employer reach a settlement. This can take up to 6 weeks.

**Step 2: Submit your claim (ET1)** — If conciliation fails, you have one month to submit your claim to the tribunal online. This is free — there are no tribunal fees.

**Step 3: Employer's response (ET3)** — Your employer has 28 days to respond to your claim.

**Step 4: Case management** — The tribunal may hold a preliminary hearing to clarify the issues, set a timetable, and decide what evidence is needed.

**Step 5: Disclosure** — Both sides exchange relevant documents.

**Step 6: Final hearing** — The case is heard by a judge (and sometimes two lay members). You present your evidence, your employer presents theirs, and witnesses are cross-examined. Most hearings last 1-5 days.

**Step 7: Judgment** — The tribunal gives its decision, sometimes on the day but often in writing several weeks later.

How Much Compensation Could I Get?

Compensation varies significantly depending on the type of claim:

**Unfair dismissal**: - Basic award: up to £21,000 (based on age, length of service, and weekly pay) - Compensatory award: up to £115,115 (or 52 weeks' pay, whichever is lower) - Average unfair dismissal award: approximately £13,000

**Discrimination**: - No cap on compensation - Includes injury to feelings (£1,100-£56,200 depending on severity) - Average discrimination award: approximately £15,000-£30,000

**Unpaid wages / holiday pay**: The amount you are owed plus interest

**Whistleblowing**: No cap on compensation. Awards can be very substantial if you have suffered significant financial loss.

Note: The tribunal can also make recommendations and declarations, and can order reinstatement or re-engagement (though this is rare in practice).