Employment tribunals

When to make a claim to an employment tribunal

If you feel you have grounds to bring a claim in the employment tribunal, make sure you have contacted your UNISON rep to find out what options are available to you.

Your rep will be able to advise you on trying to resolve the dispute before making an employment tribunal claim. 

It is important to contact your rep quickly because there are strict time limits and procedural steps in order to bring an employment tribunal claim. The current tribunal time limit for most claims is three months less one day from the incident that you are complaining about taking place but it is always worth checking with your UNISON rep, who will be able to provide appropriate advice. 

In Northern Ireland the time limit is three months exactly for all types of discrimination claims.

The tribunal process also requires that you start Acas early conciliation within three months less one day of the incident that you are complaining about. Early conciliaition must take place before lodging a claim with the employment tribunal. The aim is to try and resolve the dispute and avoid making a claim altogether. Currently Acas early conciliation can run for as long as 12 weeks (providing both parties agree) before an Acas certificate is issued. You need the Acas certificate to lodge an employment tribunal claim. The time limit clock will stop whilst early conciliation continues. It begins again once early conciliation ends and the certificate is issued. In Northern Ireland, early conciliation is handled by the Labour Relations Agency (LRA), not Acas. 

You should contact your UNISON rep to find out more at the earliest opportunity.

The effect of early conciliation on time limits means it is easy to make a mistake. Contact with your rep should be made at the earliest opportunity to seek their advice and avoid missing time limits.

Claims that can be made 

There are many reasons why you might make a claim to an employment tribunal, including:

• Disputes around equal pay.
• Unfair dismissal.
• Discrimination for disability, sex, race, age, sexual orientation, gender reassignment, marriage or civil partnership, pregnancy and maternity, religion or belief.
• Unlawful deductions from wages claims, for example where you are not paid the correct amount of holiday pay, or basic pay for hours worked.

If your claim has not been resolved during Early conciliation, then it is possible to lodge a Tribunal Claim by filling out an ET1 tribunal form. You should seek advice from your Rep as soon as possible. 

What happens next?

Once Acas or LRA early conciliation has ended and the tribunal claim has been submitted through the use of an ET1 form setting out the background and details of the claim, the employer can reply and submit their account of events to the employment tribunal.

Then the parties in dispute will provide relevant information and documents for their case to each other. They will exchange witness statements and then the matter will go to a hearing at the employment tribunal. The claimant and respondent both attend the hearing with their representatives and witnesses (if they have them).

At the hearing, the claimant and the respondent (the person/employer who the claim is made against) will be asked questions and asked for evidence. The employment tribunal will then decide whether or not the claimant succeeds, and if so, what the compensation (if any) should be. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.