{"id":284,"date":"2025-10-15T06:00:51","date_gmt":"2025-10-15T06:00:51","guid":{"rendered":"http:\/\/www.ccsbinc.com\/?p=284"},"modified":"2025-10-16T16:32:27","modified_gmt":"2025-10-16T16:32:27","slug":"what-is-an-employment-tribunal-and-how-does-it-work","status":"publish","type":"post","link":"http:\/\/www.ccsbinc.com\/index.php\/2025\/10\/15\/what-is-an-employment-tribunal-and-how-does-it-work\/","title":{"rendered":"What is an employment tribunal and how does it work?"},"content":{"rendered":"<\/p>\n
In the world of employment law, there are some issues that even the best <\/span>human resources (HR)<\/span><\/a> teams can’t fix. And sometimes, those disputes end up in a courtroom.<\/span><\/p>\n Known as an employment tribunal, this is a judicial body that helps resolve disputes between employers and employees, such as cases of unfair dismissal, discrimination, equal pay and redundancy payments.<\/span><\/p>\n Employment tribunals are a serious matter for businesses, as they often end in substantial financial costs, operational disruption and reputational damage.<\/span><\/p>\n As a business, you’ll want to avoid employment tribunals as much as possible. However, it’s still important to understand what they are, how they work and how to prepare for them if you ever find yourself in this position.<\/span><\/p>\n Below, we’ll explain everything you need to know about employment tribunals, including what’s involved, the type of claims employees make and how to avoid them altogether.<\/span><\/p>\n An employment tribunal is a<\/span> legal hearing between employees and employers<\/b>, responsible for resolving disputes around employment rights that can’t be resolved internally.<\/span><\/p>\n Employment tribunals are run by the <\/span>HM Courts & Tribunals Service (HMCTS)<\/b>, with hearings held by an employment judge.<\/span><\/p>\n According to the <\/span>government website<\/span><\/a>, there were <\/span>37,000 employment tribunals in Q4 2024\/25<\/b> – 30% of which were single claims, while 70% were multiple claims. <\/span><\/p>\n Before the hearing can start, the employee must first contact the <\/span>Advisory, Conciliation and Arbitration Service (ACAS)<\/b>, which offers early mediation to help resolve a dispute without making a formal claim.<\/span><\/p>\n There are several reasons why employees claim in an employment tribunal. These include:<\/span><\/b><\/p>\n Following the UK government’s <\/span>Employment Rights Bill<\/span><\/a> – which is expected to become law either in 2026 or 2027 – there are some significant changes that have been enforced in the employment tribunal process. They are as follows:<\/span><\/p>\n There are also further changes that the government wants to enforce under this law. These include:<\/span><\/b><\/p>\n Employment tribunals involve hearing from both parties to determine exactly what happened and applying legal tests to determine if a “relevant failure” (e.g. unfair dismissal, discrimination, etc) has occurred before deciding whether the employee’s rights have been violated.<\/span><\/p>\n The possible outcomes of an employment tribunal can either be decided before a full hearing or after.<\/span><\/p>\n If the tribunal decides not to proceed with a full hearing, the outcome could be:<\/span><\/b><\/p>\n On the other hand, if the case proceeds to a hearing, the tribunal’s decision will either dismiss or uphold the claim. <\/span><\/p>\n The process of an employment tribunal is designed to be straightforward and fair for both parties. Here’s what the process typically looks like and what you can expect. <\/span><\/p>\n As mentioned above, the<\/span> claimant must first contact ACAS for early conciliation<\/b>. They must inform them of their intent to make the claim, usually within three months (minus one day) from when the problem first arose.<\/span><\/p>\n From there, <\/span>an ACAS mediator will work with the employee to resolve the dispute without the need for a tribunal<\/b>. The conciliation period can last up to six weeks.<\/span><\/p>\n If a settlement is reached, it is recorded in a <\/span>COT3 agreement<\/b>. However, if there isn’t a settlement, ACAS will issue an<\/span> early conciliation certificate<\/b>, which includes a unique reference number that must be used to proceed to the next stage.<\/span><\/p>\n The claimant formally submits their claim to the employment tribunal with an <\/span>ET1 form<\/b> within the time limit. The tribunal then reviews the claim and, if accepted, a copy will be sent to the employer.<\/span><\/p>\n Once you have received the ET1, <\/span>you will have 28 days to submit your defence with an ET3 form<\/b>. With this, you are expected to detail your version of events and why you are denying the employee’s claim. <\/span><\/p>\n If you fail to respond to the claim within this time period, the tribunal <\/span>may automatically judge in favour of the claimant<\/b>. <\/span><\/p>\n This stage is all about preparing the case for the final hearing and is often where most cases settle. Here’s what you can typically expect in this phase:<\/span><\/p>\n Once both parties have submitted their documents, the employment judge will review them and issue <\/span>case management orders (CMOs<\/b>)<\/strong>. <\/span><\/p>\n Put simply, these are timetables and instructions that set out deadlines to complete specific tasks in the case – such as disclosing documents or witness statements – so that both parties are prepared for the hearing.<\/span><\/p>\n In some cases, an employment judge may hold a preliminary hearing, which takes place before the main hearing. These are less formal than the main hearing and are often conducted via phone or video link.<\/span><\/p>\n There are two types of preliminary hearing – <\/span>case management preliminary hearing (CMPH) and preliminary issue hearing (PIH)<\/b>.<\/span><\/p>\n A <\/span>CMPH sorts out the practical details<\/b>, such as setting deadlines for when documents need to be shared, deciding how long the main hearing will take and checking if any witnesses will be called. It also ensures the case is fully prepared for trial, and involves the employment judge issuing CMOs for both parties.<\/span><\/p>\n On the other hand, a <\/span>preliminary issue hearing (PIH) deals with any important legal issues that could affect whether the case goes ahead<\/b>. For example, whether the claim was made in time, if the claimant was actually an employee or self-employed, if part of the claim should be struck out, or whether the claimant has a disability under <\/span>The Worker Protection (Amendment of Equality Act 2010) Act 2023<\/b>.<\/span><\/p>\n A schedule of loss is a document that details the financial compensation the claimant seeks from an employer’s unlawful actions<\/b>. It also lists the specific types of losses the claimant has faced – such as wages, holiday pay and <\/span>
\n 💡Key takeaways <\/span>\n <\/div>\n\n
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What is an employment tribunal?<\/h2>\n
Why might employees make a claim?<\/h3>\n
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\n Law changes for employment tribunals <\/span>\n <\/div>\n\n
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How does an employment tribunal work?<\/h2>\n
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What happens at an employment tribunal?<\/h2>\n
1. Early mediation<\/h3>\n
2. Claim and response<\/h3>\n
3. Case management and preparation<\/h3>\n
Case management orders (CMOs)<\/h4>\n
Preliminary hearings (if applicable)<\/h4>\n
Schedule of loss<\/h4>\n