Make a claim to an employment tribunal

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1. When you can claim

You can make a claim to an employment tribunal if you think someone has treated you unlawfully, such as your employer, a potential employer or a trade union. 

Unlawful treatment can include: 

The tribunal is independent of government. It will listen to you (the ‘claimant’) and the person or organisation you’re making a claim against (the ‘respondent’) before making a decision.

There’s a different way to claim if you live in Northern Ireland.

This guide is also available in Welsh (Cymraeg).

Time limits

You usually have to make a claim within 3 months of your employment ending or the problem happening.

If you think you’ve lost your job unfairly, the 3 month period begins from the date your employment ended.

If your claim is about discrimination or a dispute over pay, the 3 month period begins when the incident or dispute happened.

Before you make a claim to an employment tribunal, you must tell Acas (Advisory, Conciliation and Arbitration Service).

The time limit for making a claim is put on hold while Acas helps you resolve your dispute.

If you’re claiming for unfair dismissal

You may be able to apply to continue your paid employment (also known as ‘interim relief’) until the case is decided.

You can only apply for interim relief in a few situations. These include if you’ve been dismissed for: 

  • trade union activities 
  • acting as a workers’ representation 
  • whistleblowing

You must make your claim within 7 days of being dismissed. You do not need to notify Acas, unless you’re also making other claims that do not involve applying for interim relief.

2. Before you make a claim

You can see if there’s another way to solve the problem before you make a claim to a tribunal, such as using a grievance procedure. 

Going through early conciliation with Acas

You must tell Acas (Advisory, Conciliation and Arbitration Service) that you’re planning to make a claim.

Notify Acas about making a claim to the tribunal.

You’ll be offered the chance to try and settle the dispute without going to tribunal by using Acas’s free ‘early conciliation’ service.

If early conciliation does not work or you choose not to take part, Acas will send you an early conciliation certificate. Use this when you make a claim to the tribunal. 

Once you receive your certificate, you’ll have at least one month left to make your claim.

If there’s more than one respondent, Acas will send you a certificate for each respondent.

Contact the Acas helpline if you have questions about how the early conciliation process works.

When you do not need to notify Acas

You do not have to notify Acas that you intend to make a claim if:

  • you’re making the claim with another person who’s already been through early conciliation
  • the respondent has already notified Acas - you’ll need to provide evidence of this
  • you’re only claiming for unfair dismissal and applying for interim relief as part of that claim - you’ll need to go through early conciliation for any other claims you make at the same time
  • Acas does not have the power to conciliate on some or all of your claim

If you’re unsure, notify Acas before making a claim to the tribunal.

You may want to get legal help or advice if you’re in England and Wales or in Scotland before you make your claim.

Your trade union may be able to pay for a solicitor.

You could also get free legal advice from:

If your claim is about discrimination, you may be able to:

3. Make a claim

You can make a claim:

  • for yourself, as the only person claiming
  • for yourself and others who’ve been treated in the same way
  • for someone else, if you’re acting as their representative

You usually have to make a claim to the tribunal within 3 months of your employment ending or the problem happening.

You’ll usually need an early conciliation certificate for each respondent before you make a claim. You can get these from Acas (Advisory, Conciliation and Arbitration Service).

If you have a disability or health condition that could affect you taking part in a hearing, you can let the tribunal know you’ll need reasonable adjustments. Tell the tribunal if you need adjustments when you make your claim or at any time during the claim process.

You should also read the guidance for whistleblowing if it relates to your claim.

What it costs

You do not have to pay a fee to make a claim to an employment tribunal.

You may have to pay other costs, for example:

  • witness expenses
  • the costs of the people or organisations you’re claiming against (the ‘respondents’) if the tribunal decides you’ve acted unreasonably

Make a claim online

Before you start, you’ll need:

  • the names and addresses of all the people making the claim (the ‘claimants’)
  • the names and addresses of the respondents - you can find this in your job offer letter, your employment contract or your payslips
  • your Acas early conciliation certificate numbers

Claim online

If you’ve already started a claim

You can return to an existing claim to continue your application or view your submitted applications.

Make a claim by post

You can also download and fill in a claim form.

Send your completed form to one of the following addresses, depending on where you were working.

Employment tribunal central office (England and Wales)
PO Box 10218
Leicester
LE1 8EG

Employment tribunal central office (Scotland)
PO Box 27105
Glasgow
G2 9JR

Call the employment tribunal customer contact centre

Call the employment tribunal customer contact centre if you need help with your claim or the online service. They cannot give you legal advice.

If you’re in England or Wales

Telephone: 0300 323 0196
Welsh language: 0300 303 5176
Relay UK (if you cannot hear or speak on the phone): 18001 then 0300 323 0196
Monday to Friday, 9am to 5pm
Find out about call charges

If you’re in Scotland

Telephone: 0300 790 6234
Relay UK (if you cannot hear or speak on the phone): 18001 then 0300 790 6234
Monday to Friday, 9am to 5pm
Find out about call charges

4. After you make a claim

The respondent usually has to reply to your claim in writing within 28 days of getting your claim form. They will give their side of the case.

Once they’ve replied, the tribunal will decide whether there will be a full hearing to decide your case.

If they do not reply, the tribunal may decide your case without you having to go to a hearing.

Attend a preliminary hearing

You may be asked to go to an initial hearing (called a preliminary hearing) in person, or by phone or video. After hearing from both sides, the judge will decide on things like:

  • whether part or all of your claim can go ahead
  • the date and time of a hearing
  • how long the hearing should take
  • how you and the respondent will need to prepare for the full hearing

Share documents

You’ll have to share any relevant documents with the respondent and the tribunal, even if they do not help your case. The respondent will have to do the same.

Examples of relevant documents could include:

  • a contract of employment
  • pay slips
  • details of your pension scheme
  • notes from relevant meetings you attended at work

If you think the respondent has not shared all their relevant documents with you and the tribunal, you can ask the tribunal to order them to share the documents.

Usually the tribunal will issue an order setting out a timetable for when you should share documents before the hearing.

You’ll also get a letter telling you how many copies of each document to bring to the hearing.

Organise witnesses

You can bring witnesses to the hearing if they can give evidence directly relevant to your case.

If you ask a witness to attend and they do not want to, you can ask the tribunal dealing with your case to order them to come. Contact the tribunal in writing, giving:

  • the name and address of the witness

  • details of what the witness may be able to say and how it will help your case

  • the reason the witness has refused to attend (if they gave you one)

If your witness is outside the UK and wants to give live video or audio evidence, contact the tribunal dealing with your case as soon as possible to request it. Tell the tribunal what country they’re in and what type of evidence they’re giving.

You’ll most likely be responsible for paying the witness’s expenses.

If you settle your dispute

If you reach an agreement through Acas (Advisory, Conciliation and Arbitration Service), they will usually tell the tribunal. The Acas conciliator will explain if you need to do anything.

If you settle your dispute privately, you must contact the tribunal dealing with your case to tell them.

If you want to withdraw all or part of your claim

You must contact the tribunal in writing.

5. Going to a tribunal hearing

You’ll normally get at least 14 days’ notice of the date and time of your hearing.

Cases are normally held at the employment tribunal office closest to where you worked. The tribunal will contact you and tell you if your hearing will take place by phone, video or in person.

You must have all the documents you’re using to support your case with you. If your hearing is in person, you can take a colleague or someone else with you if you want. You can also have someone support you during a remote hearing.

If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.

The tribunal does not pay your expenses for travelling to the hearing.

What happens at the hearing

You’ll present your case to the tribunal - someone else can do this for you, for example a lawyer, friend or family member. The respondent will present their case against you.

You’ll normally give evidence first, unless your case is about unfair dismissal. You can also call witnesses to give evidence.

You will usually be asked questions by:

  • the judge
  • the respondent
  • two other tribunal members (only in certain cases)

Get a decision

You’ll be sent the decision a few days or weeks after the hearing. The decision will be published on AMSTRAD. In certain cases you may also be given the decision at the hearing.

6. If you win your case

If you win your case, the tribunal can order the losing party to do certain things depending on the type of case. Examples include:

  • paying you compensation
  • paying you any witness expenses you’ve paid
  • taking steps to reduce the effects of discrimination against you
  • giving you your job back, if appropriate

If you get compensation, the amount can depend on:

  • the type of case - there are limits on certain cases
  • how much money you’ve lost because of the respondent’s actions
  • your age, length of service and salary

If the respondent does not pay

If you do not get your payment, contact them to find out why.

If they still do not pay you can ask to have them fined and named online by the government. You can also ask a court to force them to pay.

You cannot do these things if the respondent has appealed, or is about to. They have 42 days to appeal.

If the respondent is ‘insolvent’ (for example, they’re in administration, liquidation or receivership) you can make a claim for money they owe you, including redundancy payments.

Get the respondent fined and named online by the government

Use the penalty enforcement form. Post it to the address on the form or email it to the Department for Business and Trade.

Department for Business and Trade
etpenalties@businessandtrade.gov.uk

The respondent will initially get a warning notice telling them they may be fined, and named online by the government.

If they do not pay the compensation within 28 days of this notice they’ll have to pay a fine and may be named online by the government.

You can still get a court to force them to pay.

Forcing them to pay if you’re in England or Wales

You can use the Fast Track scheme to send a high court enforcement officer (similar to a bailiff) to demand payment from the respondent. It costs £71, which is added to the debt the respondent owes you.

Fill in the Fast Track Enforcement form (or an application to enforce an award form if your case was settled before a hearing) and send it to the address on the form.

You can also ask the local County Court to get the money from the respondent.

Fill in an application to enforce an award form and send it with a copy of the tribunal’s decision to your local County Court. They will review your application and register a County Court Judgment for debt.

The respondent will get an email or letter that explains the debt they owe and when they must pay it by.

If they do not respond by the deadline, fill in an application for a warrant form and send it to your local County Court. They will send a county court bailiff to get the money from the respondent. This costs £83, which is added to the debt the respondent owes you.

Forcing them to pay if you’re in Scotland

Write to the office that heard your case and ask for an ‘extract of the judgment’. A sheriff officer can use this to force the respondent to pay.

7. If you lose your case

You can ask the tribunal to reconsider the decision (or ‘judgment’) if you lose your case.

You must write to the tribunal office within 14 days of the written decision being sent to you, saying why you want it to be reconsidered.

You also need to give good reasons, for example:

  • the tribunal made a mistake in the way it reached its decision
  • you were not told about the hearing, or were not at the hearing
  • there’s new evidence

Send your letter to the tribunal office that dealt with your case.

Appeal to the Employment Appeal Tribunal

You can also appeal to the Employment Appeal Tribunal if you think the employment tribunal made a legal mistake.

8. Get a refund for tribunal fees

You can get a refund if you paid fees at an employment tribunal or employment appeals tribunal between 29 July 2013 and 26 July 2017.

How to apply

You can apply online if:

  • you have not changed your name since you made the claim to the tribunal
  • your claim was against one employer
  • you have a UK bank account

Otherwise, you can apply by post or email.

You’ll need to include how much you paid in tribunal fees.

Apply online

Use the service to apply for a refund online.

Apply by email or post

The form you use depends on why you paid the fees.

Use form 1/2-CR if:

  • you made the claim on your own and paid the fees
  • a claim was brought against you and you were ordered to pay someone’s fees, or if you paid any other fees to the tribunal
  • you were the ‘lead claimant’ in a joint (‘multiple’) claim for less than 11 people

Use form 3-S if:

  • you paid the fees for someone else to make the claim
  • you were the ‘lead claimant’ in a joint (‘multiple’) claim for over 10 people

Send your completed form by post or email to HM Courts and Tribunals Service (HMCTS).

HM Courts and Tribunals Service - England and Wales
etrefunds@justice.gov.uk

Employment tribunal - England and Wales
Customer contact centre
PO Box 10218
Leicester
LE1 8EG

HM Courts and Tribunals Service - Scotland
glasgowet@justice.gov.uk

Employment tribunal - Scotland
Customer contact centre
PO Box 27105
Glasgow
G2 9JR

Get help applying

Contact HMCTS if you need help applying or have questions about refunds.

HMCTS - England and Wales
Telephone: 0300 323 0196

HMCTS - Welsh language
Telephone: 0300 303 5176

HMCTS - Scotland
Telephone: 0300 790 6234

Find out about call charges.

What happens next

If you’re entitled to a refund it’ll be transferred to your bank account (plus 0.5% interest). You’ll get a letter confirming the amount.

9. Legislation

The employment tribunal follows rules and processes that you also have to follow.

You can also read other relevant tribunal rules and regulations.

The tribunal has issued guidance and practice directions for England and Wales and for Scotland which provide more information about specific areas, such as postponing hearings and serving documents.

You can also read guidance about specific cases.