An Employer’s Guide to Employment Tribunal Time Frames

Employment Tribunals are the formal route for resolving disputes between employers and employees. This guide aims to provide employers with an overview of the key time frames involved in Employment Tribunal proceedings to manage claims effectively and ensure compliance with legal obligations.

Before a claim can be submitted to the Employment Tribunal, the Claimant (employee) must usually contact ACAS (Advisory, Conciliation and Arbitration Service) to initiate the Early Conciliation process. This step is mandatory in the majority of cases and aims to resolve the dispute without the need for formal tribunal proceedings.

The Early Conciliation period typically lasts for up to six weeks. However, either party can opt to end the conciliation at any time and the Claimant is able to request the ACAS certificates at the outset and proceed straight to issuing a claim.

The Claimant must submit the claim within three months less one day from the date of the alleged incident (e.g., dismissal or discrimination). If the employee instructs ACAS in advance of their three months less one day limitation, the time spent in Early Conciliation will be added back on at the end. In addition to this, an employee will have at least one calendar month from the date on the ACAS certificate to issue a claim, even if they leave notifying ACAS to the last day possible.

This time limit is strict, and claims submitted after this period are generally not accepted unless exceptional circumstances apply.

Once a claim is submitted, the Tribunal sends a copy to the employer (Respondent), who must then formally respond and submit a response. It is important to remember that the Claimant can bring a claim against individuals as well as the Company. If this is the case, the employer will need to ensure their response explicitly covers any named Respondents that they wish to include.

The employer has 28 days from the date they receive the claim to submit a response (ET3 form). If the employer fails to respond within this period, the tribunal may issue a default judgment against them, or refuse to allow them to participate further in the hearing. It is extremely important this deadline is not missed as the response will generally not be accepted out of time without good reason.

After receiving the responses, the Tribunal will likely list a preliminary hearing to clarify issues and give directions for the case management.

Preliminary hearings are usually scheduled within a few months of the claim being lodged however, this can vary depending on the case and the Tribunal’s schedule.

Following the Preliminary Hearing, the Judge will issue a Case Management Order which sets out dates for the required steps to be complied with up until the date of the Final Hearing. Both parties are required to prepare their cases by gathering evidence and exchanging relevant documents, as well as providing witness statements.

The Final Hearing is where both parties present their cases, including evidence and witness evidence. These are usually multiple days long especially for complex or discrimination claims.

The Final Hearing date is set by the Tribunal and in most cases would not be listed until over a year after the claim is initially submitted. This depends on the Tribunal’s caseload and the number of days required for the Final Hearing.

After the final hearing, the Tribunal will issue its decision. The decision may be delivered orally immediately after the hearing, or it may take several weeks for a written judgment to be issued, especially in complex cases.

We are able to advise and assist throughout ACAS and Tribunal proceedings, as well as providing representation, assisting in drafting your responses and complying with Case Management Orders throughout.

For help and advice on any employment law matters contact our Employment team to discuss arranging an initial free 30-minute consultation.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
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