Employment Tribunals: Process and Time Limits
Employment claims are heard by specialist tribunals designed to be more accessible than ordinary courts. The procedural requirements are nonetheless strict, and the time limits are the most common reason claims fail before they are heard.
Time limits
Limits are commonly measured in months rather than years, and frequently three months less a day from the act complained of.
This is dramatically shorter than most civil claims and catches people who spend months attempting internal resolution.
Pursuing a grievance internally does not usually extend the limit. The clock runs regardless.
Extensions are possible in limited circumstances and are not granted routinely. The safe approach is to treat the limit as absolute.
Early conciliation
Many systems require contacting a conciliation service before a claim can be lodged, and this step pauses the time limit while it runs.
Conciliation is free, confidential and frequently resolves matters without a hearing. A settlement reached this way is legally binding.
A certificate is issued at the end, and the claim cannot proceed without it.
The process
A claim form setting out the facts and the claims made. Precision matters, since claims not pleaded may not be considered.
The employer responds. Case management directions follow, setting out deadlines for documents, witness statements and preparation.
Most claims settle before hearing. Those that proceed involve a hearing with evidence and cross-examination.
Costs
Tribunals in many systems do not award costs as a matter of course, meaning each side generally bears its own even if successful.
This differs from ordinary civil litigation and affects the calculation, since winning does not usually mean recovering your legal fees.
Legal expenses insurance, trade union support and, in some cases, no-win-no-fee arrangements are the common funding routes.
Preparing well
Documentary evidence is decisive. Contemporaneous emails, notes and records carry far more weight than recollection.
Keep a dated log of relevant events as they happen, not afterwards.
Obtain your personnel file and relevant correspondence, which data protection rights may assist with.
Be realistic about outcomes. Awards are frequently lower than expected, and compensation for some claims is capped.
Settlement agreements
Where a matter settles, a formal agreement typically waives your right to bring claims and usually requires you to receive independent legal advice for it to be binding.
The employer commonly contributes to the cost of that advice. Read what is being waived, and check any confidentiality and reference provisions.
This article is general information and not legal advice. Employment law and procedure vary considerably by jurisdiction; seek advice promptly given the short limits.
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