Rung 4–7 · If it goes to a claim

The Employment Tribunal explained

6 min read · Reviewed 22 June 2026

If a problem cannot be resolved, the Employment Tribunal is where a discrimination claim is decided. This page explains, in plain English, what the tribunal is, how a claim starts, and the stages from claim to hearing.

What the tribunal is

The Employment Tribunal is an independent body that decides employment disputes, including discrimination. It is less formal than a court, but it is still a legal process with rules, deadlines and evidence. A panel — usually an employment judge, sometimes with two lay members — decides the case.

How a claim starts: the ET1

You start a claim by completing a claim form, the ET1, after you have your ACAS Early Conciliation certificate. The ET1 sets out who you are claiming against and what your claims are. How clearly you set this out matters: the tribunal works from the issues in the case, so a vague or incomplete claim form can cause problems later.

The stages, in order

• ET1 and response (ET3): you claim; the employer responds.
• Preliminary hearing and case management: the tribunal sets a timetable and agrees the 'list of issues' — the questions it will decide.
• Disclosure: both sides exchange the relevant documents.
• Witness statements and the bundle: the evidence is prepared; your witness statement is your evidence-in-chief.
• The final hearing: evidence is given and tested, and submissions are made.

A key point about evidence

A tribunal decides on the evidence and argument the parties actually put before it. A document only counts if a witness speaks to it and you explain why it matters — it is not enough to put it in the bundle and assume the judge will find the point. Understanding this early changes how you prepare.