Stage 1: ACAS early conciliation (0 to 6 weeks)
Every claim starts with mandatory notification to ACAS. The claimant submits an EC notification (online or by phone), ACAS contacts the employer, and a conciliation period of up to six weeks begins. Conciliation is confidential, free and conducted by a neutral ACAS officer.
Two outcomes are possible. If both sides agree a settlement, it is recorded on a COT3 form and the dispute ends. If conciliation fails or one side refuses, ACAS issues an early conciliation certificate and the tribunal clock resumes. The full mechanics are at the ACAS early conciliation page.
For most claims the ACAS stage takes one to four weeks. Six weeks is the maximum unless both parties agree to extend.
Stage 2: filing the ET1 (within 3 months)
The ET1 is the claim form. It is filed online through the GOV.UK employment tribunal service, by post, or by email to the regional tribunal office. The form covers the claimant’s details, the respondent (employer), the early conciliation certificate number, the claims being brought, and the facts that support them.
The deadline is three months less one day from the act complained of (the effective date of termination for dismissal claims, the act of discrimination for discrimination claims), extended by the ACAS clock- stop. Late filings are usually fatal. Lodge as soon as the EC certificate is issued.
Stage 3: ET3 response (28 days from service)
The tribunal sends the ET1 to the respondent, who has 28 days to file the ET3 response form. The ET3 sets out which parts of the claim are admitted, which are disputed, and any positive defence (a fair reason for dismissal, a non-discriminatory explanation, a contractual flexibility clause).
If the respondent fails to file an ET3 in time, the tribunal can issue a default judgment against them on some or all of the claims. Late ET3s require permission and are usually accepted with conditions.
Stage 4: case management (1 to 3 months after ET3)
The tribunal lists a preliminary or case management hearing once the pleadings are in. The judge identifies the list of issues, sets a date for the full hearing and makes procedural orders: disclosure of relevant documents, exchange of witness statements, and (if needed) expert evidence.
Most case management hearings are short (under an hour), conducted by video, and result in a written case management order. Both sides have to comply with the orders; failure can result in the claim or response being struck out.
Stage 5: preparation (3 to 9 months)
The preparation phase is where the case is built. Documents are disclosed, witness statements are drafted and exchanged, expert reports are obtained (in claims involving disability or complex tax), and bundles are agreed. The tribunal expects both sides to cooperate; obstructive disclosure or last- minute statements draw adverse inferences.
Preparation typically takes longer than the tribunal’s formal directions imply. Three months is the realistic minimum for a single-claim unfair dismissal; nine months or more for a multi-issue discrimination case.
Stage 6: the hearing (1 to 10+ days)
The full merits hearing decides the case. Witness statements stand as evidence in chief; the bulk of the hearing is cross-examination, with submissions on law at the end. Most judges deliver an oral judgment on the last day, or issue a written reserved judgment within a few weeks.
Hearing length depends on the issues:
- Straightforward unfair dismissal: 1 to 3 days.
- Discrimination claim with a single ground: 3 to 5 days.
- Discrimination claim with multiple grounds or comparator analysis: 5 to 10 days.
- Multi-claimant equal pay or complex constructive dismissal: weeks or more.
Stage 7: judgment (same day or up to 3 months)
The tribunal’s decision is set out in a written judgment with reasons. If the case is decided on liability only, a separate remedy hearing follows to decide compensation. If liability and remedy are decided together, the judgment includes the award.
Published judgments appear on the GOV.UK employment tribunal decisions database within a few weeks. The successful party can enforce a money award through the High Court if the other side does not pay voluntarily.
Stage 8: appeal (within 42 days)
Appeals from the employment tribunal go to the Employment Appeal Tribunal (EAT) and only on a point of law. The deadline is 42 days from the date the written judgment is sent to the parties. An EAT appeal typically takes a further six to twelve months. Further appeal lies to the Court of Appeal and Supreme Court, with permission and on points of general public importance.
Example timeline 1: simple unfair dismissal
Employee dismissed on 1 March. Effective date of termination 1 March.
- 15 April: notify ACAS.
- 27 May: EC certificate issued.
- 30 May: ET1 filed.
- 15 June: ET1 served on respondent.
- 13 July: ET3 filed.
- 15 August: case management hearing (video, 30 minutes).
- 20 October: disclosure complete.
- 15 November: witness statements exchanged.
- 15 December: two-day full hearing.
- 15 January (year 2): reserved judgment issued.
Total: approximately 10 months from ACAS notification to judgment.
Example timeline 2: discrimination claim
Employee resigns 1 April after sustained discrimination and a failed grievance.
- 2 May: notify ACAS.
- 10 June: EC certificate issued.
- 15 June: ET1 filed.
- 3 July: ET1 served.
- 31 July: ET3 filed.
- 10 September: case management hearing.
- 30 November: disclosure complete.
- 15 January (year 2): witness statements exchanged.
- 1 March (year 2): further case management hearing on listings.
- 15 July (year 2): 7-day full hearing.
- 30 September (year 2): reserved judgment on liability.
- 15 December (year 2): remedy hearing.
Total: approximately 19 months from ACAS notification to remedy judgment.
What can shorten the timeline
Settlement at any stage ends the claim, usually within weeks rather than months. Judicial mediation, offered by some tribunal regions, can resolve cases at the case management stage. Strong factual cases with clear documentary evidence settle quicker than disputed- fact cases.
Conversely, what lengthens the timeline: multiple claims (unfair dismissal plus discrimination plus wages), disclosure disputes, missed deadlines on either side, witness unavailability, and regional tribunal backlogs. London and the South East tend to have longer lists than smaller regions.
Useful calculators
- Redundancy pay calculator
- Settlement agreement calculator
- Can I afford to quit calculator
- Redundancy runway calculator
Related reading
- Employment tribunal UK (pillar)
- ACAS early conciliation
- Employment tribunal compensation
- Employment tribunal costs
- Constructive dismissal time limits
Frequently asked questions
- How long does an employment tribunal take from start to finish?
- Most claims take six to eighteen months from the day you notify ACAS to a final judgment. Simple unfair dismissal claims that are decided quickly can finish in seven to nine months; complex discrimination cases routinely run eighteen months or longer. Settlement before the full hearing shortens this significantly; the majority of claims settle within the first six months.
- What is the ET1 and when is it filed?
- The ET1 is the claim form. It sets out the claimant, the respondent, the claims being brought and the underlying facts. It is filed with the tribunal after ACAS issues the early conciliation certificate. The deadline is three months less one day from the act complained of, plus any time added by the ACAS clock-stop rules.
- What is the ET3 and when is it filed?
- The ET3 is the employer's response form. The respondent has 28 days from the date the tribunal sends them a copy of the ET1 to file the ET3. The form sets out which parts of the claim are disputed, the employer's version of the facts and any positive case (such as a fair reason for dismissal).
- What happens at a case management hearing?
- The judge identifies the list of issues to be decided at the full hearing, sets a date for the hearing, makes orders for the exchange of documents and witness statements, and deals with preliminary points. Case management hearings are usually short, often by video, and set the trajectory of the rest of the claim.
Indicative timings only. Actual timelines vary by tribunal region, case complexity and the conduct of both sides. Your regional tribunal office can give you the current listings position.