Commencing an Employment Tribunal Claim: A Comprehensive Guide

Commencing an Employment Tribunal Claim: A Comprehensive Guide

Initiating an Employment Tribunal claim is a significant step for any employee who believes their workplace rights have been breached. Whether the issue relates to unfair dismissal, discrimination, whistleblowing, unpaid wages, or another matter, understanding the correct procedural steps is critical. This guide outlines the key stages involved in commencing a claim—beginning with Early Conciliation through ACAS and concluding with the drafting of legal pleadings—and explains how our firm can support you throughout the process.

Early Conciliation: Mandatory Pre-Claim Procedure

What Is Early Conciliation?

Before lodging a claim with the Employment Tribunal, Claimants are required to first engage with the Advisory, Conciliation and Arbitration Service (ACAS) through its Early Conciliation process. This statutory requirement is designed to encourage parties to resolve disputes amicably and avoid the need for formal litigation.

The Process:

• The Claimant submits an Early Conciliation Notification Form to ACAS.

• An ACAS conciliator contacts both parties to explore the possibility of settlement.

• Early Conciliation lasts for up to six weeks.

• If no resolution is reached, ACAS issues an Early Conciliation Certificate, which is required in order to proceed with the claim.

Time Limits

In most cases, Claimants must contact ACAS within three months less one day of the relevant event (e.g., the date of dismissal or discriminatory act). The time limit for submitting a claim is paused during the conciliation period.

Submission of the ET1 Claim Form

If early conciliation is unsuccessful, the next step is to file a formal claim with the Employment Tribunal using the ET1 Claim Form. This is a crucial document which sets out the factual background, legal basis, and the remedies sought.

Responding to Requests for Further and Better Particulars

What Are Further and Better Particulars?

Following submission of the ET1, the Respondent may request additional detail regarding the allegations made. This is commonly referred to as a request for Further and Better Particulars. The tribunal may also make such a request of its own motion if it considers the ET1 to be insufficiently detailed.

How can we help you?

We offer strategic support from the outset by advising on the merits and value of potential claims, preparing and submitting the early conciliation notification on your behalf, communicating with ACAS to explore settlement on favourable terms and ensuring compliance with all applicable time limits and procedural rules.

We understand that bringing a claim against an employer can be both legally complex and emotionally challenging and we are committed to providing clear, pragmatic, and expert legal guidance at every stage of the process. At Lawson West Solicitors we pride ourselves in providing initial advice and case assessment to include a full assessment of the strengths, weaknesses and potential value of the claim.

If you are considering bringing a claim before the Employment Tribunal, we recommend seeking legal advice as early as possible to protect your position and maximise your prospects of success.

Our employment law team is ready to support you with professionalism, integrity, and strategic focus.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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