What's the employment tribunal process?

When you submit a claim, you need to follow certain steps, just as the employer does when responding. To keep it simple, we will give you a straightforward employment tribunal process guide below:

Step 1: Early Conciliation

After you have raised a grievance and appealed the outcome (as most grievances are never upheld by the employer) you need to contact ACAS. This stage is called early conciliation and ACAS will try to negotiate a settlement between yourself and your employer. if this cannot be done then ACAS will issue you with a certificate - you need this certificate number to file a claim at the tribunal. Do not allow your employer to drag their feet through the grievance process to try to delay you in filing a claim. There are strict time limits to filing a claim - the ACAS process goes some way to suspend that timescale but do not become distracted. See our other blogs on timescales for filing a. claim.

Link to ET1 form here:

Starting a claim - ET1

Step 2: Responding to the claim

Once you have submitted your claim the tribunal will check it and send it to the respondent. The respondent needs to respond to the claim made within 28 days of them receiving your ET1 from the tribunal.

Step 3: Assessing the merits

An employment judge may review both your ET1 submission and your employer's response called an ET3 and will decide what should happen next. In cases of discrimination a preliminary case management hearing is always arranged.

Step 4: Preparing for hearings

The judge decides on the employment tribunal process timescale and can request further information. They will seek proposed remedies from the employer, who can present their assessment of the value of the claim. Documentation and witness statements will be presented to all parts involved.

Step 5: Hearings including remedy hearing

At this stage, the judge will listen to evidence from the witnesses and come to a decision. The remedy hearing will set out any award payable to the employee.

Step 6: Appeal

Any of the parties involved can decide to make an appeal.

If you need assistance with your claim, or if you would like one of our coaches to write your ET1 for you to then submit onto the tribunal then book a coaching call with us to help you - click the button below to book now.

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