Employment tribunal vs county court
Not all employment claims go to the tribunal. Some can be brought in the county court instead — or alongside. Understand which forum is right for you.
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Can I start proceedings in both the tribunal and the county court at the same time?
You can, but it’s risky and unusual. Bringing the same claim in both forums risks judgment in one being binding later. The safer approach is to choose one and pursue it. Get advice before splitting your claim.
What does it mean that county court costs are real in employment claims?
In the county court, the loser is usually ordered to pay the winner’s legal costs — potentially many thousands. In the employment tribunal, costs are awarded only rarely. That asymmetry is a real financial risk.
What is the advantage of the 6-year limitation period in the county court?
Tribunal claims must be brought within 3 months less one day. A wrongful dismissal claim brought as a contract claim in the county court has 6 years — useful if you discovered the breach long after dismissal, though evidence becomes stale.
How does enforcement work if I win?
Tribunal awards are usually paid voluntarily; if not, you apply to send the judgment to the county court for enforcement. County court judgments can be enforced directly through warrants. Most employers pay without formal enforcement.
What happens if my employer brings a counter-claim in the tribunal?
Tribunals can hear counter-claims (e.g., breach of contract). Both claims are assessed together — the employer can’t pursue the same counter-claim separately in the county court.
Do most employment law solicitors handle county court claims?
Many do, but not all. Employment specialists may have less civil-procedure experience. If you’re considering a county court claim, check your solicitor’s county court track record.
Employment Law Guide
Employment tribunal vs county court
Last updated: April 2026 · Content reviewed against current UK employment law
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Most employment claims go to the employment tribunal. The tribunal is the default forum for unfair dismissal, discrimination, whistleblowing, and other statutory employment rights. But certain claims — especially high-value breach of contract claims and personal injury from workplace incidents — can be brought in the county court instead, or in addition to a tribunal claim.
The choice of forum matters because the rules, costs, time limits, and risks are very different. A county court claim has real costs implications (the loser pays the winner's legal fees), while tribunal claims almost never involve costs. On the other hand, the county court has a longer limitation period and no compensation cap.
This section explains which types of claim belong in which forum, and the pros and cons of each.
Claims exclusive to the employment tribunal
be brought in the employment tribunal. You have no choice of forum:
- Employment Rights Act 1996
- . Tribunal exclusive.
- (sex, race, disability, sexual orientation, religion, age, pregnancy) — governed by the
- Whistleblowing (protected disclosure)
- , section 47B and 103A. Tribunal exclusive.
- Unlawful deduction of wages
- — governed by the Employment Rights Act 1996, sections 13–27. Tribunal exclusive.
- Automatic unfair dismissal
- (e.g., dismissal for jury service, health and safety activities, trustee duties, family-friendly rights). Tribunal exclusive.
If your claim falls into any of these categories, you must go to the employment tribunal. You cannot sue in the county court for these statutory employment rights.
Claims possible in either forum
Some claims can be brought in
the tribunal or the county court:
Wrongful dismissal (breach of contract)
- Can be brought in the employment tribunal
- Must be brought in the county court (tribunal has no jurisdiction above £25k for breach of contract)
- The tribunal was given jurisdiction for wrongful dismissal claims only as part of its "statutory employment rights" role, with a financial limit. Claims above that threshold belong in civil court.
Breach of contract (general)
- Can be brought in the tribunal (if arising during or on termination of employment)
- Must be brought in the county court
- Failure to pay bonus, failure to pay accrued holiday pay, breach of gardening leave clause, misuse of confidential information.
Claims exclusive to the county court
These claims must be brought in the county court (or higher courts). The tribunal has no jurisdiction:
- Personal injury claims
- — workplace accidents causing physical injury, occupational disease (e.g., asbestos, silicosis), psychological harm from workplace incident. These require medical evidence and expert assessment not suited to tribunal procedure.
- High-value wrongful dismissal
- — claims over £25,000. These belong in the county court (or High Court for very large claims).
- General breach of contract
- — not arising from employment (though employment-related breach of contract under £25k can be in tribunal).
- Fraud, misrepresentation
- — inducement claims, misrepresentation about role or pay.
If your claim falls into these categories, you must use the county court. The tribunal cannot hear these claims at all.
County Court = Real Costs Risk
In the county court, the standard rule is that the loser pays the winner's legal costs. This is a fundamental difference from the employment tribunal.
- Costs are awarded very rarely (typically only if a claim is frivolous, vexatious, or has no reasonable prospect of success). In the vast majority of tribunal cases (over 99%), neither side pays the other's costs.
- Costs are the default. If you lose, you are likely to be ordered to pay the employer's legal costs — potentially £5,000 to £20,000 or more, depending on the claim value and complexity.
Example: You bring a wrongful dismissal claim for £30,000 in the county court. You lose on the merits. You are ordered to pay the employer's solicitors' fees, estimated at £8,000. You now have a costs order against you in addition to losing your claim.
This asymmetry of costs risk is why many claimants prefer the tribunal route when they have a choice. It also explains why many employers prefer to defend employment tribunal claims — the costs exposure is low.
Side-by-Side Comparison
| Feature | Employment Tribunal | County Court |
|---|---|---|
| Claim types | Unfair dismissal, discrimination, unlawful deduction, whistleblowing | Wrongful dismissal (over £25k), breach of contract, personal injury |
| Fees | No fee for claimant | Court fee based on claim value (4.5% of claim above £10k) |
| Time limit | 3 months minus one day | 6 years for contract claims |
| Maximum claim | Compensatory award capped at £123,543 | Unlimited |
| ACAS required | Yes | No |
| Costs risk | Very rare (under 1% of cases, MOJ Tribunal Statistics 2024) | Standard civil costs — loser pays |
| Legal complexity | Tribunal-specific procedures; more informal | CPR — Civil Procedure Rules; more formal |
| Enforcement | Tribunal judgment to county court for enforcement | Direct enforcement |
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