How much does an employment tribunal cost?

Employment tribunal claims are currently free to make — there are no fees for submitting a claim or attending a hearing. Tribunal fees were abolished in July 2017 following a Supreme Court ruling. However, you may have costs for legal representation (solicitors, barristers), which can range from a few hundred pounds for simple cases to £10,000+ for complex multi-day hearings. Many claimants represent themselves. Legal aid is not generally available for tribunal claims, but Citizens Advice and some law centres offer free advice.

How long do I have to make an employment tribunal claim?

For most claims, you must start the process within 3 months minus 1 day of the act you're complaining about (usually your dismissal date or the date of the last discriminatory act). You must contact ACAS for early conciliation BEFORE submitting your claim — the clock pauses while ACAS conciliation is underway. If you miss the deadline, the tribunal can extend it in limited circumstances if it was 'not reasonably practicable' to submit in time, but this is difficult to argue. Don't delay.

What compensation can an employment tribunal award?

Compensation depends on the type of claim. For unfair dismissal, the maximum basic award is around £21,000 (2025/26) based on age, length of service, and weekly pay (capped at £700/week). The compensatory award is capped at £115,115 or 52 weeks' pay (whichever is lower). For discrimination claims, there is no cap — compensation covers financial loss plus injury to feelings (which can range from £1,100 to £56,200 or more in the most serious cases). Whistleblowing dismissal claims are also uncapped.

Can I take my employer to tribunal if I still work there?

Yes — you don't need to have been dismissed to bring a tribunal claim. You can claim while still employed for issues like discrimination, unlawful deduction of wages, failure to provide a written statement of terms, and other breaches. However, it can make the workplace relationship difficult. Consider whether a grievance process might resolve the issue first. If you feel forced to resign because of your employer's conduct, this could be 'constructive dismissal' — but it's a high bar to prove.

Employment Tribunal Guide UK — Process, Costs & What to Expect | PocketWise

Employment Tribunal Guide UK — Process, Costs & What to Expect

How to take a case to an employment tribunal in the UK — making a claim, ACAS early conciliation, the hearing process, costs, compensation, and time limits.

By PocketWise · 25 March 2026 · 5 min read

If you’ve been treated unfairly at work, an employment tribunal is where you can seek justice. Here’s how the process works.

What Is an Employment Tribunal?

Detail	Information
What it does	Hears disputes between employees/workers and employers
Where	Held in tribunal centres across the UK (sometimes by video)
Cost to claimant	Free (no tribunal fees since July 2017)
Who hears the case	An Employment Judge (sometimes with two lay members)
Legal representation	Optional — you can represent yourself
Time limit to claim	Usually 3 months minus 1 day from the act complained of

Types of Claims

Claim type	Time limit	Compensation cap
Unfair dismissal	3 months – 1 day	Basic award + compensatory award (max ~£115,115)
Constructive dismissal	3 months – 1 day	Same as unfair dismissal
Wrongful dismissal	3 months – 1 day (or 6 years in county court)	Notice pay owed
Discrimination (sex, race, disability, age, etc.)	3 months – 1 day	Uncapped
Unlawful deduction of wages	3 months – 1 day (or series of deductions)	Amount owed + interest
Whistleblowing dismissal	3 months – 1 day	Uncapped
Redundancy pay	6 months	Statutory amount owed
Equal pay	6 months after leaving employment	Back pay (up to 6 years)
Failure to inform and consult (TUPE/redundancy)	3 months – 1 day	Up to 90 days’ pay
Breach of flexible working regulations	3 months – 1 day	Up to 8 weeks’ pay

The Process — Step by Step

Step 1: ACAS Early Conciliation (Mandatory)

Detail	Information
What it is	Free service to try to resolve the dispute before tribunal
How to start	Contact ACAS online or by phone: 0300 123 1100
Duration	Up to 6 weeks (1 month initial + 2-week extension)
Is it compulsory?	Yes — you cannot submit a tribunal claim without an ACAS early conciliation certificate
What happens	ACAS contacts both parties and tries to negotiate a settlement
If it works	Case settled, no tribunal needed
If it doesn’t	ACAS issues a certificate and you can proceed to tribunal
Effect on time limit	The clock pauses during conciliation (at least 1 month added)

Step 2: Submit Your Claim (ET1 Form)

Detail	Information
Form	ET1 — available online at gov.uk
How to submit	Online or by post
Cost	Free
What to include	Your details, employer’s details, what happened, what you’re claiming, ACAS certificate number
Deadline	3 months minus 1 day from the act (adjusted for ACAS conciliation)

Step 3: Employer’s Response (ET3 Form)

Detail	Information
Who responds	Your employer
Deadline	28 days from receiving your claim
What if they don’t respond	A default judgment may be issued in your favour

Step 4: Case Management

Stage	What happens
Preliminary hearing	Judge reviews the case, sets directions, may determine preliminary issues (e.g. whether the claim is in time)
Disclosure	Both sides share relevant documents
Witness statements	Written statements prepared and exchanged
Bundle preparation	An agreed bundle of documents for the hearing

Step 5: The Hearing

Detail	Information
Duration	Simple cases: 1 day. Discrimination/complex cases: 3–10+ days
What happens	Both sides present evidence, call witnesses, cross-examine, and make closing arguments
Who attends	You (and your representative), employer’s representative, witnesses, the judge (and potentially lay members)
Format	Formal but less intimidating than a court. Video hearings are common

Step 6: The Decision (Judgment)

Detail	Information
When	Sometimes given on the day, sometimes reserved (sent later in writing, usually within weeks)
Written reasons	Available on request (or automatically for discrimination claims)
Remedy hearing	If you win, a separate hearing may determine compensation
Appeal	Either side can appeal to the Employment Appeal Tribunal (on a point of law only) within 42 days

Typical Timeline

Stage	Timeframe
ACAS early conciliation	1–6 weeks
Submit ET1	Same day as receiving ACAS certificate (don’t delay)
Employer response (ET3)	28 days
Preliminary hearing	2–4 months after claim
Document disclosure	1–3 months
Full hearing	6–12 months after claim (longer for complex cases)
Total from incident to resolution	9–18 months typically

Compensation

Unfair Dismissal

Component	How it’s calculated
Basic award	Same formula as statutory redundancy: age factor × years of service × weekly pay (capped at £700/week, max 20 years)
Compensatory award	Actual financial loss — lost earnings, loss of pension, loss of statutory rights. Capped at £115,115 or 52 weeks’ gross pay (whichever is lower)
Maximum basic award	~£21,000
Reductions	Tribunal can reduce for contributory fault (e.g. you were partly to blame)

Discrimination

Component	Amount range
Financial loss	Actual losses — no cap
Injury to feelings — lower band (Vento)	£1,100–£11,200
Injury to feelings — middle band	£11,200–£33,700
Injury to feelings — upper band	£33,700–£56,200
Exceptional cases	Above £56,200
Interest	Added to the award

Other Claims

Claim	Typical award
Unlawful deduction of wages	Amount owed + interest
Redundancy pay	Statutory amount (if not already paid)
Breach of contract	Amount owed (max £25,000 in tribunal)
Failure to provide written particulars	2–4 weeks’ pay

Representing Yourself

Advantage	Consideration
Free — no legal costs	You need to learn tribunal procedure
You know your case best	Cross-examining witnesses is challenging
Judges expect self-representation and will help	Preparation takes significant time
Many simple claims succeed without lawyers	Complex discrimination cases may benefit from legal help

Free/Low-Cost Help

Source	Detail
Citizens Advice	Free advice on your case and rights
ACAS	Free guidance on the tribunal process
Law centres	Free legal representation for some cases
Trade union	If you’re a member, they may provide a solicitor
Free Representation Unit	Volunteer lawyers for tribunal hearings
Bar Pro Bono Unit	Free barrister for eligible cases