You can take your employer to an employment tribunal if you think they’ve treated you unfairly, or broken the law.

The tribunal is independent, and could order the employer to pay you compensation if you win your case.

You usually have to apply to the tribunal within 3 months of your employment ending, or the problem happening at work.

What cases the tribunal can deal with

The tribunal can deal with a wide range of claims, eg:

• unfair dismissal
• discrimination
• unfair deductions from your pay

Before you apply to the tribunal

See if ?there is another way to solve the problem before you apply to a tribunal - ?eg, using a grievance procedure.

You should contact Acas (Advisory, Conciliation and Arbitration Service) to use their free 'Early Conciliation' service before applying to the tribunal. From 6 May 2014 you’ll have to contact Acas before going to tribunal.

You’ll get a certificate from Acas that you’ll need for your employment tribunal claim if conciliation doesn’t work.

The deadline for applying to the tribunal is extended by the amount of time you spend in conciliation (eg, if you spend 2 weeks in conciliation, the deadline for applying to the tribunal is 2 weeks later.) You’ll always get at least 1 month to apply to the tribunal.

Acas
Telephone: 0300 123 1100
Textphone: 18001 030 0123 1100
Monday to Friday, 8am to 8pm
Saturday, 9am to 1pm
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Get help making a claim

You may want to get legal help or advice before you make your claim.

Your trade union may be able to pay for a solicitor.

The Equality Advisory and Support Service can help if your claim is about discrimination.

For general guidance on how the process works, call the employment tribunal enquiry line. They cannot give legal advice.

Employment Tribunal public enquiry line
Telephone: 0300 123 1024 (England and Wales)
Telephone: 0141 354 8574 (Scotland)
Minicom: 01509 221564
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If you’re in Northern Ireland

You need to appeal to the Office of Industrial Tribunals and the Fair Employment Tribunal if you live in Northern Ireland.

Apply online to take your employer to an employment tribunal.

You can also fill in a claim form and post it to:

Employment Tribunal Central Office (England and Wales)
PO Box 10218
Leicester
LE1 8EG

Employment Tribunals Central Office (Scotland)
PO Box 27105
Glasgow
G2 9JR

Fees

You will have to pay a fee. The amount depends on your type of case. The most common types are listed in the table.

You can pay by debit or credit card if you apply online.

You can pay by cheque or postal order (made out to ‘HM Courts and Tribunals Service’) if you send your claim by post.

Help with fees

You may be able to get help paying your fees if you can’t afford them (eg, you’re on benefits or a low income).

You can also apply for help with fees using the online service.

Someone from Acas (Advisory, Conciliation and Arbitration Service) will contact you to see if you can solve the problem without going to a tribunal.

This is a free service and anything you say to Acas will be confidential.

If the employer doesn’t respond to your claim

The employer usually has to respond to your claim, to give their side of the case, within 28 days of getting your claim form.

If they don’t reply, an employment judge may decide on your case without you having to go to a hearing.

If the employer responds to your claim

If your employer does respond, there will be a hearing to decide on your case.

You may be asked to go to a meeting with the judge to decide on:

• the date and time of the hearing
• how long the hearing should take
• other issues about your case

Getting ready for a hearing

Contact the tribunal office if you have any problems, eg:

• getting information from the employer
• asking a witness to come to your hearing

You’ll get a letter giving you details of the hearing, where the tribunal will make a final decision - or ‘judgment’ - on your case.

When you go to the tribunal hearing, take the documents you’re using to support your case. You’ll usually have to pay a fee for the hearing.

You can take a colleague with you if you want, but they can’t speak for you or ask questions.

Cases are normally held in the employment tribunal office closest to place where you worked.

What happens at the hearing

You (or your representative) and the employer put your cases to a panel or a judge, and answer questions.

You will normally give evidence first, unless your case is about unfair dismissal.

You normally get the tribunal's decision - or 'judgment' - on the day, but it may be sent in the post a few days after the hearing.

You can’t claim for expenses for going to the hearing.

If you win your case, the tribunal can order your employer to:

• pay you compensation
• pay you any tribunal fees you’ve paid
• improve your working conditions
• give you your job back, if appropriate

If you are given compensation the amount you get can depend on:

• the type of case
• your age, length of service, and salary

Usually there are set limits to the amount you can get. However, in cases of discrimination, there is no limit.

If your employer is ordered to re-employ you and doesn’t, or fails to obey any other order, the tribunal can force them to pay you extra compensation.

If your employer doesn’t pay

If you don’t get your payment, first contact your employer to find out why.

If they still don’t pay, you can force them to.

You may not be able to do this if the employer has, or is about to, appeal.

If you’re in England or Wales

Ask the local county court to send an enforcement officer to get the money from your employer. This costs £40.

Fill in an application to enforce an award form, using the guidance notes to help you.

Send the form, with a copy of the tribunal’s decision, to your local county court.

You can also use the Fast Track scheme to send a High Court Enforcement Officer - similar to a bailiff - to demand payment from your employer.

This costs £60, which you get back from the employer when they pay.

Fill in the Employment Tribunal Fast Track Enforcement form to use this service.

Send it to the address on the form.

If you’re in Scotland

Write to the office that heard from your case, asking for an ‘extract of the judgment’. A Sheriff Officer can use this to force the employer to pay.

Redundancy payments

If you’re due a redundancy payment and your employer hasn’t paid it, call the Redundancy Payments Helpline.

Redundancy Payments Helpline
Telephone: 0845 145 0004
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If you lose your case, you may be able to:

• ask the tribunal to look at the case again
• appeal to the Employment Appeal Tribunal

Ask the tribunal to review the decision or judgment

You need to write to the tribunal office within 14 days of getting the decision, saying why you want it to be reviewed.

You also need to give good reasons for asking for a review, eg:

• the tribunal made a mistake in the way it reached its decision
• you weren’t told about the hearing, or weren’t at the hearing
• new evidence has turned up since the hearing

Send your letter to the tribunal office.

Appeal to the Employment Appeal Tribunal

You can also appeal to the Employment Appeal Tribunal if you think the employment tribunal made a legal mistake.

Seek legal advice if you’re unsure about this.

Ask the employment tribunal to send you the reasons for the decision, if you don’t already have them.

To appeal, fill in the the notice of appeal form. Send it, with supporting documents, to the appeal tribunal office by email, fax or post.

You'll have to pay a fee of £400 to appeal to the Employment Appeal Tribunal.

You'll pay an extra £1,200 if a judge orders that your appeal goes to a full hearing.

Deadline for appealing

You must appeal within 42 days of the date:

• the decision was sent to you
• the reasons were sent to you (if you asked for these within 14 days)

Your appeal must arrive by 4pm on the final day.

Where to send your appeal

For cases in England and Wales

Employment Appeal Tribunal
londoneat@hmcts.gsi.gov.uk
Telephone: 020 7273 1041
Fax: 020 7273 1045
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Employment Appeal Tribunal
Second Floor
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

For cases in Scotland

Employment Appeal Tribunal
edinburgheat@hmcts.gsi.gov.uk
Telephone: 0131 225 3963
Fax: 0131 220 6694
Find out about call charges

Employment Appeal Tribunal
52 Melville Street
Edinburgh
EH3 7HF

Find out more about appealing to the Employment Appeal Tribunal.