Employment Tribunal Claims Guide for Employees

Introduction to Employment Tribunal Claims

If you think your employer has mistreated you, you can take your case to an Employment Tribunal. These tribunals handle disputes between employees and employers. They can address unfair dismissal, workplace discrimination, unpaid wages, and contract breaches.

At Davenport Solicitors, we know this process can be stressful. Our team offers clear legal advice to help you through your claim and work towards the best outcome.

What is an Employment Tribunal?

An Employment Tribunal is a legal forum created specially for workplace disputes. It’s less formal than a standard court but makes legally binding decisions. A panel typically includes a judge and, in some cases, two wing members with workplace experience. The tribunal hears both sides of the case and makes decisions based on UK employment law.

When Can an Employee Make a Tribunal Claim?

You can claim if:

1.   You’ve been unfairly dismissed
2.   You were forced to resign due to poor working conditions
3.   You’ve faced discrimination based on protected characteristics
4.   Your employer hasn’t paid you correctly
5.   Your employer has broken the terms of your contract
6.   You’ve been mistreated for reporting wrongdoing
7.   Your employer didn’t follow proper redundancy procedures
8.   You’ve suffered harassment at work

Common Reasons for Employment Tribunal Claims

Unfair Dismissal

Your employer needs a valid reason to dismiss you (conduct, capability, redundancy) and must follow proper procedures. You need two years’ service to claim, except for whistleblowing or discrimination cases.

Constructive Dismissal

This occurs when your employer’s actions force you to resign. Examples include cutting pay without an agreement, changing job duties, or allowing bullying. You must prove the breach was severe enough to justify leaving.

Discrimination at Work

Protected characteristics include age, disability, gender, race, religion, pregnancy, and sexual orientation. Discrimination can be direct (treating you worse) or indirect (having rules that disadvantage certain groups).

Unlawful Deduction of Wages

Employers can only make deductions if required by law, stated in your contract, or with your written agreement. Otherwise, you can claim for unpaid wages.

Breach of Contract

If your employer breaks terms in your employment contract, such as not paying benefits or changing duties without consent, you can claim up to £25,000 in compensation.

Whistleblowing Claims

You’re protected by law if you’ve reported wrongdoing and suffered adverse treatment. No minimum employment period is needed for these claims.

TUPE-Related Claims

When a business transfers ownership, your job and terms should be protected. Claims arise if you’re dismissed because of the transfer or if terms change without consultation.

Redundancy Disputes

Fair redundancies require genuine need, fair selection, consideration of alternative roles, and proper consultation. Without these, you may have an unfair dismissal claim.

Time Limits for Making a Tribunal Claim

Most Employment Tribunal claims must be started within three months minus one day from when the issue happened. For example:

1.   For unfair dismissal: three months from your last day of employment
2.   For discrimination: three months from when the discrimination occurred
3.   For unpaid wages: three months from when the payment was due

Missing this deadline usually means you can’t make a claim, though tribunals can extend time in exceptional cases. It’s crucial to act quickly if you think you have a claim.

How to File an Employment Tribunal Claim

To start your claim:

1.   Complete the Early Conciliation process with ACAS
2.   Get your Early Conciliation certificate number
3.   Fill in the ET1 claim form online through the government website
4.   Include all relevant details and grounds for your claim
5.   Submit the form before your time limit expires

The ET1 form asks for information about you and your employer and details of your claim. Be clear and factual, and include all important dates and events.

What Evidence Do You Need for Your Claim?

Strong evidence improves your chances of success. Useful evidence includes:

1.   Employment contract and staff handbook
2.   Payslips and payment records
3.   Emails and messages related to your case
4.   Records of meetings or discussions
5.   Witness statements from colleagues
6.   Medical reports (for health-related claims)
7.   Your detailed record of events
8.   Grievance or appeal documents

Start gathering evidence as early as possible. Keep copies of all necessary documents and make notes of conversations with dates and names.

The Tribunal Process Explained

Case Management Discussion

An initial meeting (usually by phone or video) to clarify issues, set timetables, arrange document sharing, and plan further hearings.

Preliminary Hearing

Addresses technical matters like:

1.   Whether your claim can proceed
2.   Legal questions needing resolution
3.   Arrangements for the main hearing

Final Hearing

The main event is when your case is decided. Both sides present evidence and question witnesses. Hearings last from hours to days, depending on the complexity. The tribunal gives its decision either immediately or in writing later.

What Happens at an Employment Tribunal Hearing?

A typical hearing follows this format:

1.   The judge introduces everyone and explains the process
2.   You (or your representative) present your case first
3.   You call your witnesses, and they answer questions
4.   Your employer questions your witnesses
5.   Your employer presents their case
6.   They call their witnesses
7.   You question their witnesses
8.   Both sides make closing statements
9.   The tribunal makes its decision

For 2025, many tribunals offer video hearings as an option, though complex cases usually happen in person.

How to Prepare for an Employment Tribunal Hearing

Good preparation is essential:

1.   Review all documents in the case bundle
2.   Prepare your witness statement carefully
3.   Make a list of key points you want to make
4.   Think about questions for your employer’s witnesses
5.   Consider possible questions you might be asked
6.   Visit the tribunal beforehand if possible
7.   Plan your travel and arrive early on the day
8.   Dress smartly but comfortably

How Davenport Solicitors Can Help You

Our team can:

1.   Assess your case and advise on its merits
2.   Help you gather relevant evidence
3.   Handle ACAS Early Conciliation
4.   Complete and submit your ET1 claim form
5.   Prepare your witness statement
6.   Represent you at hearings
7.   Negotiate settlements
8.   Give clear advice at every stage

We offer various fee options, including fixed fees, hourly rates, and sometimes no-win, no-fee arrangements.

Key Mistakes to Avoid When Making a Tribunal Claim

Common pitfalls include:

1.   Missing the three-month time limit
2.   Failing to go through ACAS Early Conciliation
3.   Not keeping good records of what happened
4.   Making emotional rather than factual claims
5.   Not following your employer’s grievance procedure
6.   Overlooking important evidence
7.   Inconsistency in your account of events
8.   Exaggerating your losses

How Long Does an Employment Tribunal Claim Take?

Timelines vary depending on complexity and tribunal workloads. In 2025, a typical case takes:

1.   1-2 months for Early Conciliation
2.   3-4 months for the first hearings
3.   6-12 months to reach a final hearing

More complex cases, especially discrimination claims, can take longer.

Can You Settle Before the Tribunal Hearing?

Yes, and most cases do settle before reaching a full hearing. Settlement offers several benefits:

1.   Quicker resolution
2.   Certainty of outcome
3.   Reduced stress
4.   Avoiding publicity
5.   Possible references and agreed statements

A legal expert should carefully review any settlement agreement before signing.

What if You Lose Your Employment Tribunal Case?

If you lose, you can:

1.   Ask for written reasons for the decision (if not already provided)
2.   Consider an appeal (but only on a point of law)
3.   Try to negotiate a settlement despite losing
4.   Move on and put the experience behind you

Appeal Process for Employment Tribunal Decisions

Appeals must be made to the Employment Appeal Tribunal within 42 days of the decision. You can only appeal on a point of law, not just because you disagree with the outcome.

A point of law might include:

1.   The tribunal misinterpreted the law
2.   The tribunal had no evidence to support its finding
3.   The tribunal didn’t follow proper procedures

Alternative Dispute Resolution Methods

Besides tribunals, you might consider:

1.   Internal grievance procedures
2.   Mediation
3.   Settlement agreements
4.   Without prejudice discussions

These options are often quicker and less stressful than formal tribunal proceedings.

Understanding Employment Law Rights in the UK

Key rights in 2025 include:

1.   Protection from unfair dismissal (after two years’ service)
2.   National Minimum Wage and holiday pay
3.   Protection from discrimination
4.   Right to request flexible working
5.   Statutory sick pay
6.   Maternity, paternity, and shared parental leave
7.   Protection for whistleblowers
8.   Right to a safe working environment

Legal Support Options for Employees

Besides private solicitors like Davenport, you might access:

1.   Free advice from Citizens Advice
2.   Support from trade unions (if you’re a member)
3.   Law centres in some areas
4.   Legal expense insurance (check your home insurance)
5.   Pro bono legal services

Employee Rights and Employer Responsibilities

Employers must:

1.   Provide written terms on day one of employment
2.   Pay at least the National Minimum Wage
3.   Provide a safe workplace
4.   Not discriminate against protected groups
5.   Follow fair procedures for dismissal
6.   Give statutory minimum notice
7.   Consult on redundancies
8.   Allow reasonable time off for specific purposes

The Role of an Employment Lawyer in a Tribunal Claim

An employment lawyer can:

1.   Give an honest assessment of your case
2.   Help you understand complex legal concepts
3.   Draft documents that present your case effectively
4.   Gather and organise evidence
5.   Negotiate with your employer
6.   Represent you at hearings
7.   Advise on settlement offers
8.   Maximise your compensation

Important Things Employers Should Be Aware Of

Employers face significant risks from tribunal claims, including:

1.   Financial compensation payments
2.   Legal costs
3.   Management time spent on cases
4.   Damage to reputation and staff morale
5.   Difficulty recruiting in future

Why Choose Davenport Solicitors for Your Tribunal Claim?

Davenport Solicitors offers:

1.   Specialist knowledge of employment law
2.   Practical, no-nonsense advice
3.   Clear explanations of complex legal issues
4.   Prompt responses to your questions
5.   Realistic assessment of your chances
6.   Strategic approach to securing the best outcome
7.   Experience with tribunals across the UK
8.   Various fee options to suit your needs

Contact Us for Expert Assistance

If you find yourself in a situation where you believe your employment rights have been violated, don’t hesitate to reach out to us. Contact us today to discuss your situation and receive expert guidance. Your rights matter, and we’re here to protect them.

FAQs About Employment Tribunal Claims

1. How long do I have to file an employment tribunal claim?
   Usually, it takes three months minus one day from when the issue happened or your employment ended.
2. Do I need a solicitor to make a claim?
   No, but having expert help often improves your chances and reduces stress.
3. How much compensation can I get?
   It depends on your case. Unfair dismissal has a maximum of £105,707 (as of 2025) or 52 weeks’ pay, whichever is lower. Discrimination claims have no upper limit.
4. What happens if my employer doesn’t respond to my claim?
   The tribunal may default judgment in your favour or proceed with the hearing without them.
5. Can I claim while still employed?
   Yes, though it may affect your working relationship. This is common in discrimination cases.
6. What if my employer offers a settlement before the hearing?
   Consider it carefully with legal advice. If it’s reasonable, settling can save time and stress.
7. Can I appeal a tribunal decision?
   Yes, but only on a point of law, not just because you disagree with the outcome.
8. What evidence do I need for my claim?
   Relevant documents (emails, contracts, payslips), witness testimony, and a clear timeline of events.
9. How long does the process take?
   Typically, 6-12 months from start to finish, though simple cases can be quicker.
10. Will I have to attend the tribunal hearing?
    Yes, in most cases, though some hearings now happen by video call.