Employment tribunal claims: a guide for employees
Common types of claim, Acas early conciliation, strict time limits, settlement agreements and when to get legal help.
Employment tribunals decide disputes between workers and employers, such as unfair dismissal, discrimination and unpaid wages. Tribunals are less formal than courts, and many people represent themselves. However, the rules and time limits are strict, and good advice early on can make a big difference.
Common types of claim
- Unfair dismissal: being dismissed without a fair reason, or without a fair procedure. Ordinary unfair dismissal claims require a minimum period of employment. This qualifying period is being reduced under the Employment Rights Act 2025, so check the current rule.
- Discrimination: less favourable treatment because of a protected characteristic, such as age, disability, race, religion or belief, sex, sexual orientation, pregnancy or gender reassignment. No minimum length of service is needed.
- Whistleblowing: being dismissed or treated badly for making a protected disclosure about wrongdoing.
- Unlawful deductions from wages, including unpaid holiday pay.
- Wrongful dismissal: dismissal in breach of contract, typically without proper notice.
- Redundancy pay and failure to consult.
Try to resolve it internally first
Raise concerns informally, then through your employer's grievance procedure if needed. Follow the Acas Code of Practice on disciplinary and grievance procedures. A tribunal can adjust compensation if either side unreasonably fails to follow it.
Acas early conciliation
Before you can make most tribunal claims, you must notify Acas. A conciliator will contact both sides to see whether the dispute can be settled. Early conciliation is free and confidential, and it pauses the tribunal time limit while it takes place. If it doesn't settle the dispute, you get a certificate number that you need to make your claim.
Time limits
For most claims, the time limit has traditionally been three months less one day from the date of dismissal or the act you are complaining about. The Employment Rights Act 2025 extends tribunal time limits to six months, with the change coming into force in stages. Always check the limit that applies to your claim on GOV.UK or with Acas, and never leave it to the last minute. Late claims are only accepted in limited circumstances.
Settlement agreements
Many disputes end with a settlement agreement. You receive a payment, and in return you agree not to bring claims against your employer. For the agreement to be legally binding, you must receive advice from an independent adviser, such as a solicitor, on its terms and effect. Employers commonly contribute towards the cost of this advice.
Paying for help
Options include legal expenses insurance (often included in home insurance), trade union legal services, no win, no fee arrangements such as damages-based agreements, and fixed-fee advice. Find an employment solicitor near you to compare.
Frequently asked questions
What compensation can a tribunal award?
Compensation depends on the claim. Unfair dismissal awards include a basic award and a compensatory award for financial loss, subject to caps. Discrimination awards are uncapped and can include compensation for injury to feelings.
Will I have to pay my employer's costs if I lose?
Costs orders are the exception in employment tribunals. They are usually only made where a party has acted unreasonably or brought a claim with no reasonable prospect of success.
Can I still claim if I resigned?
Possibly. If you resigned because of a serious breach of contract by your employer, you may have a constructive dismissal claim. Take advice before resigning if you can.
This guide is general information about the law in England and Wales and is not legal advice. Laws, fees and procedures change, so check the latest official sources or speak to a qualified lawyer before you act. How we write our guides.