Direct Access Barrister
Disputes & Advocacy
Anatomy of a case · what to expect, end to end
Anatomy of an employment tribunal caseFrom the thing that went wrong to the hearing — the stages, the deadlines, and where it usually really ends
Whether you are an employee who has been treated badly or an employer facing a claim, a tribunal case runs through a fixed sequence of stages, each with its own deadlines and decisions. Knowing the whole shape in advance takes much of the fear out of it. This note walks the case from start to finish and marks the points that matter most. It is general information, not advice on a particular claim. The deadline that governs everything Most tribunal claims must begin within three months less one day of the act complained of. Miss it and the claim is usually lost, whatever its merits. Act early. The costs rule that shapes strategy Unlike civil court, in the tribunal each side normally pays its own costs, win or lose. That changes the whole economics of settling. 1
Early conciliation through ACAS — compulsoryBefore you can issue, you must notify ACAS, who offer free conciliation to both sides. It is a genuine chance to settle early and cheaply, and it pauses the three-month clock while it runs. Many claims resolve here, before a tribunal is ever involved. Only if it fails does ACAS issue the certificate that lets you proceed. 2
The claim and the response (ET1 and ET3)The employee sets out the claim on form ET1; the employer answers on form ET3 within 28 days. These define the battlefield: the claims and defences pleaded here are, broadly, the ones the tribunal will decide. Getting them right — complete, accurate, properly particularised — matters more than anything that follows, and is the point at which advice pays back most. 3
Case management — the tribunal sets the timetableA preliminary hearing (often by phone) fixes directions: dates for disclosing documents, exchanging witness statements, preparing the bundle, and the final hearing itself. Sometimes a separate preliminary hearing decides a knock-out point — whether you were an employee, whether you were in time — before the main case is allowed to proceed. 4
Building the evidence — disclosure, statements, bundleEach side discloses the relevant documents (helpful and unhelpful alike), then witness statements are exchanged — the written evidence each witness will stand behind. A single agreed bundle of documents is prepared for the tribunal. This is the labour-intensive middle of the case, and where a strong witness statement is worth most (see Drafting an effective witness statement). 5
The final hearingA judge (alone for unfair dismissal; with two lay members for discrimination) hears the evidence, watches each witness cross-examined, and reads the documents. Advocacy matters here: which questions are asked, which documents are put, how the law is argued. The tribunal then decides liability — and, if you win, a later or same-day stage decides remedy (compensation, and rarely reinstatement). ✓
Remedy, and the truth about the oddsMost compensation is for financial loss — principally lost earnings — so a quick new job reduces an award, and there is a statutory cap on the unfair-dismissal element. Discrimination awards are uncapped and include injury to feelings. But hold the whole picture in mind: the large majority of claims settle before this hearing, precisely because both sides face their own irrecoverable costs and the uncertainty of a live witness day. Where it usually really ends: in a settlement, recorded in a COT3 (through ACAS) or a settlement agreement. The question is rarely whether to settle but when and for how much — and that is a question of the merits, which is exactly what a fixed-fee opinion answers.
Where we come in
A fixed-fee opinion on the merits and likely value, the ET1 or ET3 drafted properly, a strategic steer at case management, or representation at the hearing — each a defined piece of work at a fee agreed in advance, for employees and employers alike. This note is general information about employment tribunal procedure in England and Wales and does not constitute advice on a particular claim. Time limits are strict and vary by claim type; take advice at once if a deadline may be near. |