Make a claim to an employment tribunal

Skip contents

After you make a claim

The respondent usually has to reply to your claim in writing within 28 days of getting your claim form. They will give their side of the case.

Once they’ve replied, the tribunal will decide whether there will be a full hearing to decide your case.

If they do not reply, the tribunal may decide your case without you having to go to a hearing.

Attend a preliminary hearing

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

Share documents

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.

Organise witnesses

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 settle your dispute

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.

If you want to withdraw all or part of your claim

You must contact the tribunal in writing.

View a printable version of the whole guide