The employment tribunal process

In the UK, employment tribunals deal with disputes between workers and employers regarding employment law.  

In this guide, we’ll explain what a tribunal is, the process, and any costs involved with an employment tribunal. 

What is an employment tribunal? 

Employment tribunals make judgments about most employment disagreements. 

However, some disagreements such as claiming for loss of breach contract can be done through other courts. And in the instance where a case rises through courts, others such as the Employment Appeal Tribunal, Court of Appeal or Supreme Court may be involved.  

Almost all legal employment cases are heard in employment tribunals. There are many types of legal cases that can be heard in an employment tribunal, such as: 

• Different types of discrimination (such as age, disability, race, religion, or sex) 

• Unfair dismissal  

• Breach of contract  

• Redundancy 

• Wrongful dismissal 

• Whistleblowing 

• Equal pay 

And many more. 

An employment judge usually makes the final decision of a tribunal. Depending on the complexity of the claim, the judge will either sit alone or as part of a panel. 

What is the employment tribunal process? 

If an employee has made a dispute, you will need to follow the correct employment tribunal process. 

There are several steps in the employment tribunal process: 

Early conciliation 

This involves an independent Acas conciliator who discusses the claim with both parties and starts the before the tribunal process even begins. The aim of this is to actually avoid going to tribunal, if possible. 

Claim 

Employees must submit an employment tribunal form or submit for multiple claims) to the employment tribunal (ET1) There are time limits for making a claim and responding to claims.  

As an employer, you will:  

• Receive a copy of a claimant’s form (ET1), with details of the claim along with a letter from the tribunal  

• You have a 28-day time limit (from the date noted on the letter) to provide your response  

• It is crucial that you take note of your deadline date and do not miss this. If you fail to respond to a claim, the tribunal may continue without this, with a default judgement being made against you.  

Defence 

The respondents must reply to the employment tribunal within 28 days from the day the ET1 was sent out. 

Assessment  

The employment tribunal will review the claim and decide what happens next. The judicial assessment will review both the claim and the defence. With an aim to achieve a settlement. If this can not be reahced, the employment tribunal process continues often with a preliminary hearing.

Potential preliminary hearing  

Preliminary hearings are not essential but can and do happen, especially when dealing with a substantive hearing. They address concerns such as administrative issues and logistics and can even resolve some preliminary disputes.  

Their prime focus in employment tribunals is case management. Where the judge will provide directions and orders for the relevant parties to prepare for the final hearing.  

Disclosure of witness documents/evidence  

The process known as disclosure will occur before the final hearing. It requires both parties to disclose their own relevant documents to each other. It promotes transparency and allows both parties to understand the evidence before it is presented at the hearing.  

Hearing 

This is where the employment tribunal will explain the claim, listen to evidence, and decide on the outcome. Before a hearing both parties will be given notice of the date and time.  

Hearings are usually held within an employment tribunal office; however more employment tribunal hearings take place via video call or phone due to the growing remote workforce.  

Once the hearing has come to an end you will likely receive a decision within a few days or weeks. This will be sent directly to both parties as well as being published directly to the GOV.UK site.  

Remedy hearing  

A remedy hearing will take place after the tribunal a decision has been reached at the hearing. The remedy hearing doesn’t always happen immediately after a claimant has won a case but may occur later.  

A remedy hearing seeks to decide on the compensation awarded to the claimant or other remedies required.  

Appeal  

After the hearing, the employment tribunal will instruct on if there is an opportunity to appeal. 

As an employer, you may wish to appeal if you do not believe the decision was made in line with the law. However, you cannot choose to appeal if you simply do not agree with the outcome. Appeals must be submitted to the Employment Appeal Tribunal (EAT) within 42 days of the written reasons for the decision being received.  

How long does an employment tribunal take? 

Employment tribunals can take a long time, so it’s important to know the timescale of a claim. 

The vast backlog post-Covid-19 has resulted in many employment tribunals taking upwards of 11 months from start to finish. With some cases lasting 1-2 years.  

The total length of an employment tribunal can depend on a number of factors: 

• The type of claim. 

• The number of witnesses called to give evidence. 

• The location of the hearing. 

• How busy the tribunal is (this can affect availability). 

Employment tribunal costs 

For an employee there is no fee to make a claim. However, if an employee loses their claim, a judge may order them to pay for an employer’s costs of going to court. 

It may be unlikely an employee has to pay any costs. But a judge can order them to pay costs if they’re guilt of lying, fraudulence, or have misled the tribunal. 

Your employee may have to pay one of the following costs if so: 

• Costs of getting an expert witness. 

• Legal fees for preparing the claim. Employment tribunals make judgments about all employment disagreements. 

• Costs of an employee’s time spent on preparing the claim. 

As an employer you may incur other costs such as legal fees, expert witnesses' fees and in the case that your employee is awarded compensation, you will have to foot this bill too.  

Employer costs range dramatically depending on the type of case and the length of time they span. This can range from anywhere between £5,000 to £30,000 or even more.  

Compensation for certain claims, such as discrimination can range into the tens of thousands. With some even reaching into the millions. The largest amount ever believed to have be awarded to an employee in the UK is £4.6 million by Hammersmith and Fulham Council.  

Get expert advice to stay HR compliant 

Without the right approach to employment law, you could find yourself at the forefront of an employment tribunal. At risk of both financial and reputational damage, many businesses in the UK simply cannot afford to be in this position. 

But employment laws can be a minefield and HR compliance can place a lot of pressure on small businesses. 

BrightHR can alleviate any stress you have about UK employment laws and staying compliant. Not only will our 24/7 advice team provide you with up-to-date information on legislation but can support you in understanding your legal responsibilities throughout an employment tribunal process. 

If you need any help with the employment tribunal rules, don’t hesitate to get in touch with one of our experts. 

See what BrightHR can do for you today with a free demo of our award-winning HR software.