Considering whether to pursuing a claim against your employer, or former employer, can be a daunting task and there are a lot of factors which need to be considered. The main concerns usually being, what will it cost? What are the chances of success? How long will a claim take? And how to submit a claim?
If you are considering pursuing a claim in the Employment Tribunal it is always best to seek advice as soon as possible, this is not only to ensure the claim is worth pursing but also to ensure the claim is lodged within the correct timescale.
There are strict deadlines in the Employment Tribunal and if you fail to submit your claim in time, unless there are exceptional circumstances, you will be unable to pursue the claim.
The timescale is normally 3 months, less one day, from the date of termination of employment, and whilst the timescales will be increased under the Employment Rights Bill 2025, this change has not yet been implemented and may not come into effect until late 2026.
Other than in limited circumstances, you will have to lodge a claim with Acas. This must be done within the timescale, as specified above.
The process involves you informing Acas of the claim(s), an advisor will then contact you to obtain further details and contact details for your employer/former employer.
If you agree they will then liaise with you and your employer/former employer, to resolve matters. If no resolution is reached, (or you do not want them to contact your employer) then you will exit the process and receive an EC certificate. You need your EC certificate number to lodge your claim with the Employment Tribunal.
Please note, you do not have to go through the Early Conciliation process; to receive your certificate, you can simply inform Acas of the claim and exit the process.
The Acas process is free and for this reason, I do recommend you engage in the early conciliation process and at least attempt a resolution.
Whilst you are engaged in the ACAS process, the limitation period is paused, and you will have at least one month from the date the EC certificate is issued to submit a claim to the Employment Tribunal.
You can view a video about the Acas Early Conciliation process here
If a resolution has not been reached through the Acas process, the next stage would be to submit the claim, by completing form ET1, the claim must be submitted online.
A new online portal has been launched, and this currently enables legal representatives to see the progress of your claim, which can be extremely helpful and avoid (in some instances) the need to contact the Tribunal for updates.
If you are representing yourself, you will not currently have access to this portal and will receive updates and correspondence from the Employment Tribunal via post or email (depending on what you opt for).
You are required to submit the details of your claim, within the form, and I would advise, where possible, you seek advice as if your claim is unclear, it can lead to issues further along in the case.
This is particularly important if the claim is for whistleblowing detriment and/or discrimination, as it is important to set out the alleged detriments/acts of discrimination clearly detailing when they occurred and who was involved.
Please note, there is currently no fee for submitting a claim to the Employment Tribunal.
Once submitted the claim will be reviewed and you will receive confirmation that the claim has been accepted.
If for some reason, there is an error with the claim form, the claim may be rejected. If this happens the Employment Tribunal will notify you of the reason(s) for the rejection, you will then need to rectify the error(s) and resubmit the claim.
I would advise, you submit the claim well within the timescale, as set out above, to ensure that you have time to rectify any error(s), which may occur. If the error(s) cannot be rectified before the deadline, you will be required to apply for reconsideration, if you wish to continue with the claim, which a Judge could deny.
The claim form and details will be sent to the employer who will then have to complete a form called an ET3. This contains the defence to the claim (if they intend to defend the claim). An employer has 28 days, from receipt of the claim from the Employment Tribunal (not the date the claim is submitted) to prepare the defence.
You will receive correspondence from the Tribunal and a copy of the ET3 once the defence is received.
If the employer does not submit a response within the 28 days and has not requested an extension or the extension has been refused, you may be able to apply for a judgement in default.
Some types of claims require a preliminary hearing, for instance discrimination and whistleblowing claims. This is usually, a short hearing, which allows the Judge to get to grips with the claim and set a timetable for final hearing.
If some elements of the claim need to be clarified, this is when those points will be discussed. If you are representing yourself (litigant in person) the Judge will likely assist and guide, you during the hearing. It is possible that the employer will be allowed to amend their defence in light of any additional information you provide regarding your claim(s).
Once the Employment Tribunal has considered the claim form and defence, a Case Management Order will be issued. This can be issued earlier in some claims or made during a preliminary hearing, (see above).
The Case Management Order sets the timetable for preparation for the claim to be dealt with by the Tribunal at the final hearing. The timing and preparation are extremely important, and there can be penalties for failing to complete the preparation in time.
If you are struggling to adhere to the direction set out within the Case Management Order, it is recommended that you seek to agree with the employer or their representative for the dates to be varied. Any variation must ensure that the parties are still ready to proceed to the listed final hearing.
The final stage is the hearing, the length of which will depend on the complexity of the claim and the number of witnesses required.
A claim usually takes between 12-18 months to conclude, however it can take longer if a long hearing is required or if there are delays in any of the stages, set out above.
We can assist with any part of a claim and will provide a cost estimate for dealing with the whole claim, or specific parts.
As set out above, it is recommended that you seek advice on the claim(s) at an early stage, as this will ensure that the claim has merit and is financially worth pursuing.
If you need any assistance, please do not hesitate to contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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