What Happens During an Employment Tribunal?

Most employees and employers never expect to end up at an Employment Tribunal until they do.

Whether you’re bringing a claim or responding to one, the process can feel confusing, formal and high-stakes. And while it isn’t the same as going to court, the Employment Tribunal still requires preparation, evidence and professionalism. If you’ve found yourself involved in a workplace dispute that’s escalated to this point, it’s important to understand what to expect from the Employment Tribunal Service and how the process works in practice. Here’s what really happens from claim to conclusion.

What Is an Employment Tribunal?

An Employment Tribunal is an independent legal body that makes decisions on disputes between employers and employees about employment rights. Unlike civil or criminal courts, tribunals are less formal. They don’t involve a jury. Instead, a judge (and sometimes two lay panel members) hears the evidence and makes a decision. Common types of claims seen at Employment Tribunals include:

• Unfair dismissal
• Redundancy disputes
• Discrimination (e.g. based on age, gender, race, religion or disability)
• Breach of contract
• Unlawful deductions from wages
• Failure to provide proper notice or terms

The tribunal employment process is designed to be accessible to individuals without legal representation but it’s still serious and often complex.

Step-by-Step: The Work Tribunal Process in the UK

Let’s break down what you can expect from start to finish.

1. Early Conciliation (Mandatory)

Before you can submit a claim to the Work Tribunal Service, you must first notify Acas (the Advisory, Conciliation and Arbitration Service). This is known as early conciliation. Acas offers a free, confidential service where they try to help both sides resolve the issue without a tribunal. This step is required by law and usually lasts up to six weeks. If resolution isn’t possible, Acas will issue an Early Conciliation Certificate and you can move forward with your tribunal claim.

2. Submitting the Claim (ET1 Form)

The claimant (usually the employee or ex-employee) must then submit an ET1 claim form to the Employment Tribunal. This includes:

• Personal details
• Employer’s information
• Key dates
• Type of claim
• Summary of what happened

There are strict time limits for making claims generally three months minus one day from the date of the incident.

3. Employer’s Response (ET3 Form)

Once the tribunal service receives the claim, they’ll send a copy to the respondent (usually the employer). The employer has 28 days to respond using the ET3 form. This is their opportunity to:

• Agree or dispute the facts
• Provide their side of the story
• Explain any actions taken

If the employer doesn’t respond, the tribunal may issue a default judgment.

4. Preliminary Hearing (If Required)

Some cases involve a preliminary hearing before the full tribunal. This may be scheduled to:

• Clarify legal issues
• Set a timetable
• Decide whether a claim has reasonable prospects

This hearing can take place over the phone or in person. Not every claim needs one but for complex cases (e.g. discrimination), it’s often part of the process.

5. Case Management Orders

In preparation for the final hearing, the Employment Tribunal Service will issue case management orders. These include deadlines for:

• Exchanging witness statements
• Disclosing relevant documents
• Preparing a bundle of evidence
• Agreeing on a list of issues

This stage is critical. Missed deadlines can harm your case or result in sanctions.

6. The Tribunal Hearing

The hearing is where both sides present their evidence and arguments. A typical hearing involves:

• Opening statements
• Cross-examination of witnesses
• Review of documents
• Legal submissions
• Questions from the tribunal judge

While less formal than a court, Employment Tribunals are serious proceedings. Both parties should arrive prepared, respectful and organised. Depending on the complexity, a hearing may last half a day or several days.

7. The Decision

Sometimes, the tribunal employment decision is given at the end of the hearing. Other times, it’s reserved and sent in writing days or weeks later. The tribunal may:

• Uphold the claim
• Dismiss the claim
• Award compensation
• Order reinstatement or re-engagement
• Recommend action to prevent further breaches (in some cases)

The decision will include reasons and how it was reached.

8. Appeals and Enforcement

If either side believes there was a legal error in the decision, they may appeal to the Employment Appeal Tribunal (EAT). This must be based on legal grounds, not just disagreement with the outcome. If compensation is awarded and not paid, enforcement action may be taken through the county court.

What to Expect from the Work Tribunal Service

While the Work Tribunal Service is impartial and free to access, it can still feel intimidating for individuals or small businesses unfamiliar with the system. Here’s what you can expect in terms of environment and conduct:

• Hearings are usually public (though some elements may be private)
• You’ll take an oath or affirm before giving evidence
• Proceedings are recorded
• You may be asked questions by the judge or panel
• Representation is allowed but not mandatory

Some people represent themselves. Others use solicitors, HR advisors or trade union reps. The choice depends on the complexity of your case and your confidence in navigating legal arguments.

Tips for Employees and Employers Going to Tribunal

For Employees:

• Keep all written records and communications
• Stick to the facts — emotions don’t win cases
• Follow tribunal instructions carefully
• Be clear about what outcome you want

For Employers:

• Respond on time — never ignore a claim
• Prepare thorough documentation
• Be consistent with your internal procedures
• Seek professional advice where needed

Get Ready — Don’t Just Hope for the Best

An Employment Tribunal doesn’t have to be a hostile, drawn-out battle but it does need preparation. Whether you’re a claimant or respondent, knowing the process helps you navigate it with confidence. In 2025, tribunals continue to shape the legal expectations of workplace behaviour, fairness and employer accountability. If you’re involved in a dispute, the best thing you can do is show up informed, prepared and respectful.

Need Support Preparing for a Work Tribunal?

Harwood HR Solutions supports employers across the UK with expert Employment Tribunal Service guidance. Whether you’re defending a claim, preparing your documentation or trying to resolve a dispute before it escalates — we’re here to help.

Call us on 0203 936 9171 or visit Harwood HR to speak with our team.

Let’s help you stay compliant, confident and ready for whatever comes next.