What Really Happens at an Employment Tribunal — Month by Month

Most claimants wait 12–18 months for a hearing. Here's every stage, every tactic to expect, and exactly what to do.

You file your ET1 claim form

Your claim is submitted to the Employment Tribunal Service. You receive a case reference number. The tribunal will pass your claim to ACAS for early conciliation notification.

ACAS notified — early conciliation window opens

The respondent (your employer) is notified by ACAS. The early conciliation window begins. Either side can engage ACAS to attempt settlement before the tribunal process continues.

Employer appoints lawyers

The employer receives your claim and typically appoints employment law solicitors or their in-house legal team to handle the response.

ET3 response deadline

The employer has 28 days to file their ET3 response. They must either accept or deny your claims and set out their defence.

ET3 response received

The employer's ET3 arrives. It will deny your claims and set out their version of events. It can feel deflating — it is written to be robust. Expect exaggeration of your conduct.

Costs warning letter (common tactic)

Many employers' solicitors send a "without prejudice save as to costs" or Rule 76 costs warning letter around this stage.

Case Management Order issued

The tribunal judge issues a Case Management Order setting the timetable: disclosure deadlines, witness statement exchange dates, bundle preparation, and the hearing date. This is your roadmap.

Disclosure — exchanging documents

Both sides disclose all documents relevant to the case. You share yours; the employer shares theirs. This often produces useful evidence you didn't know existed — emails, HR notes, performance records.

Witness statements exchanged

Both sides exchange written witness statements simultaneously on the date set by the CMO. Your witness statement is your evidence in chief — the first thing the judge reads.

Hearing bundle prepared

The parties agree and prepare a joint bundle — a paginated, indexed set of all relevant documents. The claimant usually prepares it (or both sides agree one). The judge reads this before the hearing.

The hearing takes place before an Employment Judge (and lay members for some claims). You give evidence, are cross-examined, and make closing submissions. Hearings typically last 1–5 days depending on complexity.

The judge may deliver judgment orally at the end of the hearing, or reserve it (send it in writing later, sometimes months later). If you win, a remedy hearing may be needed to assess compensation.

⚠️ What their lawyers will do

Why is the process so slow?

Employment tribunals are significantly under-resourced. Hearing dates are allocated months in advance, and both sides need time to prepare disclosure and witness statements. A 12–18 month wait is normal and does not reflect the strength of your case.

Should I be worried if the employer sends a costs warning letter?

No. Costs threats are a standard tactic used by employers' solicitors to pressure claimants into withdrawing. Tribunal costs orders are awarded in under 1% of cases (MOJ Tribunal Statistics, 2024), and only where a party has acted unreasonably. Simply having a case the tribunal ultimately rejects is not grounds for a costs order.

Can I settle at any point in the process?

Yes — you can settle at any stage, right up to and even during the hearing. Settlement is usually reached through ACAS (resulting in a COT3) or via a settlement agreement. Most cases settle before hearing. You are under no obligation to accept any offer.

What is a Case Management Order?

It is the judge's timetable for your case. It sets the dates by which each step must be completed — disclosure, witness statements, bundle, and hearing. If you or the employer fail to comply with the CMO, the tribunal can impose sanctions.

What happens if the employer ignores disclosure?

You should write to both the employer and the tribunal explaining what has not been provided. The tribunal can make an 'unless order' requiring compliance or striking out the employer's defence. Keep all correspondence.

Do I need a lawyer for the hearing?

You can represent yourself (litigant in person). Many claimants do. The judge will make allowances for self-represented parties. However, for complex cases or large compensation claims, legal representation or a McKenzie Friend can improve outcomes significantly.

What Really Happens at an Employment Tribunal — Month by Month

typical wait to hearing

from ET1 to judgment

costs orders awarded (MOJ, 2024)

The Employment Tribunal Journey

Scroll through each stage. Tap the amber warnings to understand employer tactics before they happen.

The waiting is normal — here's what to do

Use the time before your hearing productively. Strong evidence and documentation will make the difference.

Keep a contemporaneous record

Write down dates, names, and exactly what was said — especially key events. A timeline with dates is far more persuasive than memory alone when you're on the witness stand 12 months later.

Gather evidence proactively

Collect emails, messages, performance reviews, payslips, and anything showing your treatment. Once litigation starts, you cannot ethically retrieve new evidence, so gather now.

Don't discuss on social media

Do not post about your case, the employer, or the tribunal on any social platform. Anything you post can and will be used against you by the employer's lawyers.

Frequently Asked Questions

Employment tribunal steps

Detailed walkthrough of tribunal procedures.

What to bring to tribunal

Documents and evidence checklist.

How long does tribunal take?

Timeline from ET1 to hearing.

Ready to begin your claim?

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Employment Rights Act 1996

GOV.UK Employment Tribunals