Employment Tribunal (ET) claims can feel daunting, particularly for those navigating the process for the first time. In this Q&A guide, we break down the key stages of a typical claim, from ACAS Early Conciliation through to the final hearing, so you know what to expect at each step.
1. What is ACAS Early Conciliation?
Before most Employment Tribunal claims can be issued, the prospective claimant must notify ACAS and engage in Early Conciliation. This is a mandatory pre-claim process designed to give both parties the opportunity to resolve the dispute without the need for formal proceedings. An ACAS conciliator acts as an impartial intermediary, helping the parties explore a potential settlement.
Early Conciliation usually lasts for up to 12 weeks, although it can conclude sooner if either party declines to engage or a settlement is reached.
2. What happens if the dispute is not resolved through ACAS?
If settlement is not reached, ACAS will issue an Early Conciliation Certificate. This contains a reference number which must be included when the claim is submitted to the Tribunal.
The claimant can then proceed to lodge their claim using the ET1 claim form. This sets out the details of the claim, including the nature of the complaint (e.g. unfair dismissal, discrimination) and the remedy sought.
3. What does the employer need to do once a claim is issued?
Once the claim has been accepted by the Tribunal, it will be sent to the employer (the respondent), who must respond using the ET3 form. The ET3 sets out the employer’s defence to the claim and must be submitted within 28 days of receiving the claim. Missing this deadline can have serious consequences, including the potential for judgment being entered against the employer.
4. What happens after the ET3 is submitted?
Once both parties’ initial positions are set out, the Tribunal will take steps to manage the case. This often includes:
- Case management orders (directions) setting out steps both parties must follow;
- Deadlines for exchanging documents and witness statements; and
- Listing a preliminary hearing (in most cases).
A preliminary hearing may be used to clarify issues, determine whether the claim has reasonable prospects of success, or deal with procedural matters.
5. What is involved in preparing for the final hearing?
Preparation is a key part of the process and can be time-consuming. Typically, both parties will be required to:
- Disclose relevant documents – sharing all documents relevant to the issues, whether helpful or not
- Prepare a bundle – an agreed set of documents for use at the hearing
- Exchange witness statements – written accounts from those giving evidence
6. Can the parties still settle after proceedings have started?
Yes. Settlement can take place at any stage, including after a claim has been issued and even during the hearing itself. ACAS often remains involved and can facilitate settlement discussions, or the parties may negotiate directly (often through their legal representatives). Settlement is usually recorded in a legally binding agreement, such as a COT3 agreement or settlement agreement. If a settlement has been reached, the claim will not proceed to the Employment Tribunal.
7. What happens at the final hearing?
The final hearing is where the Tribunal hears the evidence and makes a decision. Hearings can range from one day to several weeks, depending on the complexity of the case.
At the hearing:
- Witnesses give evidence under oath or affirmation
- Parties (or their representatives) can ask questions (cross-examination)
- Legal arguments are presented
Following the hearing, the Tribunal will either give its decision orally on the day or reserve its judgment to be provided in writing at a later date.
8. What outcomes can the Tribunal order?
If the claim is successful, the Tribunal may award the following examples:
- Compensation (e.g. for loss of earnings or injury to feelings in discrimination claims)
- Reinstatement or re-engagement (although these are relatively rare)
If the claim is unsuccessful, it will be dismissed.
9. How long does an Employment Tribunal claim take?
Timeframes can vary significantly depending on the complexity of the case and Tribunal availability. It is not uncommon for claims to take between 12-24 months from the initial claim form to the final hearing. Delays within the Tribunal system have been widely reported and appear to be at an unprecedented level, such that parties should be prepared for a potentially lengthy and protracted process.
10. How can legal advisors help?
Navigating an Employment Tribunal claim involves strict procedural requirements and strategic decision-making. Legal advisors can assist by:
- Assessing the merits of the claim or defence
- Handling correspondence and negotiations with the intention of settlement
- Preparing court documents and witness statements
Early advice can often help to resolve disputes more efficiently or strengthen a party’s position if the matter proceeds to a hearing.
Final thoughts
An Employment Tribunal claim can be complex, but understanding the process from the outset can make it far more manageable. Whether you are bringing or defending a claim, taking early advice and staying on top of deadlines is key to achieving the best possible outcome.
If you have any queries, please do contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and we will be in touch.