Employment Tribunal – make a claim

You can make a claim:

  • for yourself, as the only person claiming
  • for yourself and others who’ve been treated in the same way
  • for someone else, if you’re acting as their representative

You’ll usually need an early conciliation certificate for each respondent see Early Conciliation – how it works

If you have a disability or health condition that could affect you taking part in a hearing, you can let the tribunal know you’ll need reasonable adjustments. Tell the tribunal if you need adjustments when you make your claim or at any time during the claim process.

You should also read the guidance for whistleblowing if it relates to your claim.

You do not have to pay a fee to make a claim to an employment tribunal.

You may have to pay other costs, for example:

  • witness expenses
  • the costs of the people or organisations you’re claiming against (the ‘respondents’) if the tribunal decides you’ve acted unreasonably

You can make your claim online

Before you start, you’ll need:

  • the names and addresses of all the people making the claim (the ‘claimants’)
  • the names and addresses of the respondents – you can find this in your job offer letter, your employment contract or your payslips
  • your Acas early conciliation certificate numbers

You may be asked to go to an initial hearing (called a preliminary hearing) in person, or by phone or video. After hearing from both sides, the judge will decide on things like:

  • whether part or all of your claim can go ahead
  • the date and time of a hearing
  • how long the hearing should take
  • how you and the respondent will need to prepare for the full hearing

You’ll have to share any relevant documents with the respondent and the tribunal, even if they do not help your case. The respondent will have to do the same.

Examples of relevant documents could include:

  • a contract of employment
  • pay slips
  • details of your pension scheme
  • notes from relevant meetings you attended at work

If you think the respondent has not shared all their relevant documents with you and the tribunal, you can ask the tribunal to order them to share the documents.

Usually the tribunal will issue an order setting out a timetable for when you should share documents before the hearing.

You’ll also get a letter telling you how many copies of each document to bring to the hearing.

You can bring witnesses to the hearing if they can give evidence directly relevant to your case.

If you ask a witness to attend and they do not want to, you can ask the tribunal dealing with your case to order them to come. Contact the tribunal in writing, giving:

  • the name and address of the witness
  • details of what the witness may be able to say and how it will help your case
  • the reason the witness has refused to attend (if they gave you one)

If your witness is outside the UK and wants to give live video or audio evidence, contact the tribunal dealing with your case as soon as possible to request it. Tell the tribunal what country they’re in and what type of evidence they’re giving.

You’ll most likely be responsible for paying the witness’s expenses.

If you reach an agreement through ACAS (Advisory, Conciliation and Arbitration Service), they will usually tell the tribunal. The ACAS conciliator will explain if you need to do anything.

If you settle your dispute privately, you must contact the tribunal dealing with your case to tell them.