Frequently Asked Questions
How do I make an Employment Tribunal claim?
What is the time limit for making an Employment Tribunal claim?
The time limit varies depending on the type of claim you wish to make. In most cases, you will have three months less one day from the date of dismissal, or act of discrimination/harassment, in which to file a claim. As these time limits are short, and must be strictly adhered to, it is important to seek legal advice as soon as possible to ensure that your legal rights are fully protected.
In most cases, the starting point is to notify ACAS (the Advisory, Conciliation and Arbitration Service) that you intend to issue a claim. ACAS will attempt to facilitate resolution of your claim through its Early Conciliation service. After ACAS is contacted, the time limit for making a claim to the Employment Tribunal is automatically paused for up to one calendar month, plus a further 14 days if more time is needed for conciliation. If your case is not resolved by this time, ACAS will end early conciliation and issue a formal certificate to this effect.
Once this certificate is issued stating that you have tried early conciliation, the time limit for filing your claim will start again. You will have a period of one month or the balance of the original three month period (whichever is longer) in which to file your claim.
For more information about early conciliation, visit www.acas.org.uk/index.aspx?articleid=4028.
Do I need to do anything before I file a claim?
Once you have complied with early conciliation, you file your claim by completing an online ET1 form.
In the form you will have to have to provide a clear and concise account of what you are complaining about. It is useful if you set out your claim using numbered paragraphs and provide a chronological summary of events relating to your claim.
All applicants are required to pay an issuing fee. The amount depends on the type of claim you are making but a straightforward dismissal claim is £250. If you proceed to an actual hearing, there is a further fee to pay but most claims settle before this time. There is a fee remission scheme that may result in a reduction in the amount you need to pay, depending on your personal financial circumstances.
For more information, visit https://www.gov.uk/employment-tribunals/make-a-claim.
What happens next?
NO. If you want to bring a claim relating to your termination, the time limit starts from the effective date your employment was originally terminated, NOT the date on which the appeals process is completed. You must be careful not to let the filing deadline slip or you won’t be able to bring a claim.
Is the time limit extended if I use my employer’s grievance procedure to appeal against my dismissal?
For more information, please see our FAQ on Discrimination.
I think I have been discriminated against but how can I find out more information before I decide whether or not to bring a claim?