Question 1

How much does it cost to make an employment tribunal claim?

Accepted Answer

Since 2017, there are no fees to start an employment tribunal claim or to have a hearing. However, you may need to pay for your own legal representation if you choose to hire a solicitor, though many cases are handled via 'No Win No Fee' or legal expenses insurance.

Question 2

What is the time limit for making a claim?

Accepted Answer

Strictly 3 months less one day from the date of the incident (e.g., your dismissal or the act of discrimination). You must contact ACAS for Early Conciliation before this deadline expires, which can 'pause' the clock.

Question 3

Do I need a solicitor for an employment tribunal?

Accepted Answer

No, you can represent yourself (known as a 'Litigant in Person'). Our tools, like the Document Creator and Case Law Search, are designed to help you prepare your own case effectively without high legal costs.

Question 4

What is ACAS Early Conciliation?

Accepted Answer

It is a mandatory step before you can submit an ET1 claim form. ACAS acts as a neutral go-between to try and settle the dispute without going to court. If conciliation fails, you get a certificate number needed for your claim.

Question 5

How is compensation calculated for unfair dismissal?

Accepted Answer

It consists of a 'Basic Award' (based on age, tenure, and weekly pay) and a 'Compensatory Award' (for financial loss like lost wages). The Compensatory Award is capped at the lower of £118,223 or a year's gross pay (figures updated annually).

Question 6

Can I claim for injury to feelings?

Accepted Answer

Yes, but generally only in discrimination or whistleblowing cases, not standard unfair dismissal. These broadly fall into 'Vento bands' ranging from ~£1,200 to over £60,700 depending on the severity of the discrimination.

Question 7

What happens if I lose my tribunal case?

Accepted Answer

Usually, you do not pay the employer's legal costs even if you lose, unless you behaved unreasonably or your claim was completely misconceived. This makes the tribunal relatively low financial risk compared to other courts.

Question 8

How long does the tribunal process take?

Accepted Answer

It varies by region and case complexity, but typically 6 to 12 months. Simple unpaid wages claims may be faster, while complex discrimination cases with multi-day hearings can take longer to list.

Question 9

What refers to 'Without Prejudice' conversations?

Accepted Answer

These are off-the-record discussions or letters covering settlement offers. They cannot be shown to the tribunal judge until after a liability decision is made, allowing parties to negotiate freely.

Question 10

What is a Settlement Agreement?

Accepted Answer

A legally binding contract where you agree to waive your right to bring a claim (usually in exchange for money). You must receive independent legal advice on the terms for it to be valid.

Question 11

Can I record disciplinary hearings?

Accepted Answer

Generally, you should ask permission. Covert recordings are legally complex; tribunals may admit them as evidence if relevant, but recording secretly can also be seen as a breach of trust justifying dismissal.

Question 12

What is Constructive Dismissal?

Accepted Answer

When you are forced to resign because your employer committed a serious breach of contract (e.g., not paying you, bullying). You must resign promptly in response to the breach to claim this.

Question 13

Do I get paid for attending the tribunal?

Accepted Answer

No, the tribunal does not pay you for attending. However, if you win, you can sometimes claim 'preparation time orders' or witness expenses, though these are limited.

Question 14

What evidence do I need?

Accepted Answer

Key evidence includes your tailored timeline of events, employment contract, pay slips, emails/messages, meeting notes, and witness statements. Our Document Creator helps structure this evidence.

Question 15

Is the tribunal hearing public?

Accepted Answer

Yes, most hearings are open to the public and press. However, in limited circumstances (e.g., involving sexual misconduct or national security), strict anonymity orders can be applied.

Question 16

How does ACAS Early Conciliation actually work?

Accepted Answer

You contact ACAS on 0300 123 1100 or online. They assign a conciliator who contacts your employer to try to settle the dispute. The process is free and usually takes up to 6 weeks (extendable to 12). If it fails, ACAS issues a certificate you need for your ET1. Importantly, the clock on your tribunal time limit is paused while conciliation is ongoing.

Question 17

How do I submit my ET1 form?

Accepted Answer

You submit online at gov.uk/employment-tribunals/make-a-claim. You will need your ACAS certificate number, your employer's legal name and address, your employment dates, and a clear summary of what happened (your Particulars of Claim). There is no fee to submit. You will receive confirmation once the tribunal accepts your claim.

Question 18

What happens after I submit my ET1?

Accepted Answer

The tribunal sends your claim to your employer, who has 28 days to respond via an ET3 form. An Employment Judge then reviews both and issues case management directions. There may be a preliminary hearing, followed eventually by a full hearing. Many cases settle before reaching a final hearing.

Question 19

What if I am past the time limit?

Accepted Answer

Tribunals are strict, but late claims are sometimes accepted. For unfair dismissal and wages claims, you must show it was 'not reasonably practicable' to claim in time. For discrimination, the broader 'just and equitable' test applies. Serious illness, employer misleading you, or genuine ignorance of the time limit may be accepted. Simply being too busy will not.

Question 20

What are the 9 protected characteristics?

Accepted Answer

Under the Equality Act 2010, they are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination claims based on these characteristics have no minimum service requirement and no cap on compensation.

Question 21

Can I make a claim while still employed?

Accepted Answer

Yes. You do not need to have left your job to bring a tribunal claim. Unlawful deduction from wages, discrimination, and whistleblowing detriment claims can all be brought while you are still employed. However, be aware of the potential impact on your working relationship.

Question 22

What changes does the Employment Rights Act 2025 introduce?

Accepted Answer

The ERA 2025 introduces major reforms expected in 2026-2027: the unfair dismissal qualifying period drops from 2 years to 6 months, the compensation cap is removed, tribunal time limits extend to 6 months, and fire-and-rehire becomes automatically unfair. Current rules still apply until each provision commences.

Question 23

How much could my claim be worth?

Accepted Answer

It depends on the claim type. Unfair dismissal awards include a basic award (based on age, tenure, weekly pay) plus a compensatory award (capped at the lower of £118,223 or a year's gross pay). Discrimination claims have no cap and can include injury to feelings (Vento bands). Use our Compensation Calculator for a personalised estimate.

Question 24

What is a Schedule of Loss?

Accepted Answer

A Schedule of Loss is a document that itemises your financial losses, such as lost earnings, pension contributions, and expenses. It helps the tribunal understand what compensation you are seeking. You will typically need to prepare one before your hearing. Our Pro tools include a Schedule of Loss generator.

Question 25

Why use WorkDisputes instead of ChatGPT?

Accepted Answer

Generic AI chatbots are not designed for UK legal procedures. They can hallucinate case names, cite non-existent legislation, and produce American-style documents. WorkDisputes is purpose-built for UK employment law, cites real Acts of Parliament, uses real tribunal data, and generates documents formatted for the Employment Tribunal.

FREQUENTLY ASKED QUESTIONS