Why People Like You Go to an Employment Tribunal

For many employees, the idea of going to an employment tribunal feels daunting. It’s often seen as a last resort – something you only do when everything else has failed.

But in reality, people who pursue an employment tribunal are not just reacting to a bad situation – they are making a conscious decision to stand up for themselves, to seek fairness, and sometimes to create change.

In this blog, we’ll explore the most common reasons people take claims to an employment tribunal, what needs to happen to get there, and the deeper motivations that drive individuals to follow the process through – despite how demanding it can be.

• The Main Reasons
• What Needs to Happen Before
• The Employment Tribunal Process
• The Real Reasons
• What It Says About the People
• Turning Effort Into Results
• Getting the Right Support
• FAQs: Employment Tribunal (UK)

The Main Reasons People Go to an Employment Tribunal

1. Unfair Dismissal
One of the most common claims in an employment tribunal is unfair dismissal.

This arises where an employee believes they were dismissed without a fair reason or without a fair process being followed. Currently, you need at least two years’ continuous service to bring this type of claim, unless the dismissal is automatically unfair (for example, due to discrimination or whistleblowing).

However, this is set to change under the Employment Rights Act 2025 (ERA). From 1 January 2027, the qualifying period is expected to reduce to six months’ service. In practical terms, this means employees starting work from around July 2026 would begin to benefit from the new threshold once they reach six months’ service, provided their dismissal occurs on or after that date.

2. Discrimination
Discrimination claims arise when someone is treated unfairly because of a protected characteristic such as age, race, gender, disability, religion, or sexual orientation.

Unlike unfair dismissal, there is no minimum service requirement to bring a discrimination claim to an employment tribunal, making it accessible to employees from day one.

3. Constructive Dismissal
Constructive dismissal occurs when an employee resigns because their employer has fundamentally breached their contract – for example, through bullying, harassment, or a breakdown of trust.

These cases can be complex and often rely on strong, well-documented evidence, which is why many people seek employment tribunal support to improve their chances of success.

It is also advisable to seek advice before making the decision to resign, to ensure the step is not taken in haste, to assess whether you would likely qualify for this type of claim, and to understand the potential prospects of success as well as the risks involved.

4. Unlawful Deduction from Wages
If you haven’t been paid correctly – whether it’s missing wages, unpaid holiday, or withheld bonuses – you may bring a claim to an employment tribunal.

These claims are often more straightforward but still require clear documentation.

5. Redundancy Issues
Employees may challenge redundancy decisions if the process was unfair, discriminatory, or not genuine.

This is another area where employment tribunal support for employees can make a significant difference in preparing a strong case.

What Needs to Happen Before You Reach an Employment Tribunal

Before a claim reaches an employment tribunal, there are a few key steps:

1. Internal Processes
Most employees will first raise a grievance or go through internal procedures with their employer.

2. ACAS Early Conciliation
Before submitting a claim, you must notify ACAS and attempt early conciliation. This is an opportunity to resolve the issue without going to a full hearing. From December 2025, this process was extended to take up to 12 weeks, giving more time for parties to explore settlement before progressing to an employment tribunal.

3. Submitting a Claim

When considering an employment tribunal, one of the most important things to be aware of is the strict time limits that apply. These deadlines run from the date of the incident and can significantly impact your ability to bring a claim, so it is essential to act promptly and understand how the process works from the outset.

You must first notify ACAS and begin early conciliation within the strict time limits (usually three months less one day from the date of the incident, subject to specific claim rules). The limitation clock is paused while ACAS early conciliation is ongoing and resumes once the ACAS certificate is issued. You will then usually have at least one month to submit your claim to the employment tribunal, with the possibility of longer depending on when early conciliation started in relation to the original limitation deadline.

This is set to change under ERA, which will extend the limitation period for most employment tribunal claims to six months. The government has indicated this change is expected to come into force from October 2026, meaning employees will have longer to initiate the process and protect their right to bring a claim once the new rules are implemented.

What the Employment Tribunal Process Looks Like

The employment tribunal process is generally lengthy, particularly given the current backlog, and can often feel overwhelming. However, at a high level, it typically involves submitting your claim (ET1 form), your employer responding (ET3 form), pre-hearing case management and directions, preparing evidence and witness statements, and finally attending a hearing where both sides present their case.

Having the right employment tribunal support can help you better understand the process and the requirements at each stage, stay organised and focused throughout, prepare thoroughly, and present your case in the strongest possible way. Tribunal guidance for claimants can be found here.

You can also explore past outcomes, decisions, and cases similar to yours here.

The Real Reasons People Go to an Employment Tribunal

While legal claims are the formal reason for bringing a case, in my experience working with clients, the deeper motivations often go far beyond that.

Wanting Justice
Many people pursue an employment tribunal because they want acknowledgment that what happened to them was wrong.

It’s not always about money – it’s about fairness.

Wanting Their Voice Heard
For some, it’s the first time they feel they are truly being listened to. An employment tribunal gives individuals a platform to tell their story in a structured, formal setting.

Preventing It Happening to Others
A powerful motivator is the desire to stop the same thing happening to someone else. People often pursue claims not just for themselves, but to highlight poor practices and push for accountability.

Driving Change (Even in Small Ways)
While one case may not change the world overnight, it can lead to changes within an organisation. Small changes – better policies, improved management practices – often start with individuals who were willing to take action.

The Reality: It’s a Draining Process
It’s important to be honest – going through an employment tribunal is not easy. It can be: emotionally exhausting, time-consuming, and mentally draining. There may be moments of doubt, frustration, and fatigue.

This is why having the right employment tribunal help is so important – not just for the legal side, but for staying grounded and focused.

What It Says About People Who Follow It Through

People who take their case to an employment tribunal and see it through often share certain qualities:

• Resilience – They continue despite setbacks and delays.
• Patience – They understand that results take time and preparation.
• Determination – They are committed to seeing things through, even when it’s difficult.
• Preparedness – They take the time to gather evidence, understand their case, and seek the right support.

If you’re going through this process, these are strengths – not weaknesses – and they are what will help you move forward and achieve the outcome you’re aiming for.

Conclusion: Turning Effort Into Results

Choosing to go to an employment tribunal is a significant step. It requires courage, resilience, and a willingness to stand up for what’s right – even when it’s not easy.

But with the right preparation, mindset, and employment tribunal support for employees, your efforts can lead to meaningful outcomes.

If you’re considering this path, take the time to understand your options, prepare properly, and ensure you have the right support around you.

FAQs: Employment Tribunal (UK)

1. What is an employment tribunal?
An employment tribunal is an independent body that resolves disputes between employees and employers relating to workplace rights.

2. Do I need a solicitor for an employment tribunal?
No, you do not need a solicitor. Many employees represent themselves or use employment tribunal support for employees, including lay representatives.

3. How long do I have to make an employment tribunal claim?
Most claims must currently be submitted within three months less one day from the date of the incident, making it essential to seek employment tribunal help early to avoid missing strict deadlines. This is expected to change under upcoming reforms, with the time limit extending to six months once implemented.

4. What is ACAS early conciliation?
It’s a mandatory step before an employment tribunal claim where ACAS tries to resolve the dispute without a hearing.

5. How long does an employment tribunal take?
The process can take several months to over a year, depending on complexity and tribunal availability, and in some cases – particularly in busier regions such as London – delays due to the current backlog mean it can take a few years before a case is finally heard.

6. Can I represent myself at an employment tribunal?
Yes, many people do. However, employment tribunal support can improve preparation and confidence.

7. What evidence do I need for an employment tribunal?
You’ll need documents, emails, contracts, and witness statements to support your claim.

8. What happens at an employment tribunal hearing?
Both sides present evidence, question witnesses, and the tribunal makes a decision.

9. Is an employment tribunal stressful?
Yes, it can be emotionally and mentally demanding, which is why preparation and support matter.

10. Can I win an employment tribunal without legal representation?
Yes, many employees succeed with the right employment tribunal help and preparation.

11. What types of claims go to an employment tribunal?
Common claims include unfair dismissal, discrimination, and unpaid wages.

12. Do I have to attend in person?
Some final hearings are held remotely, but many still require in-person attendance depending on the nature and complexity of the case. Since COVID, a significant number of employment tribunal hearings in the UK have taken place remotely. However, while a final hearing can sometimes be conducted remotely if requested, this is not automatic and is subject to the judge’s approval.

13. How much compensation can I get?
It varies depending on the claim type, losses, and tribunal findings.

14. What is constructive dismissal in an employment tribunal?
It’s when you resign due to your employer’s serious breach of contract.

15. Can I settle before an employment tribunal hearing?
Yes, many cases settle during ACAS or before the final hearing.

16. What are my chances of winning an employment tribunal?
This depends on the strength of your evidence and preparation.

17. How do I prepare for an employment tribunal?
Organise evidence, understand your case, and seek employment tribunal support where needed.

18. Will my employer retaliate if I make a claim?
The law protects you from victimisation for bringing a claim.

19. Are employment tribunal decisions public?
Yes, decisions are often published online here.

20. Would you be able to assist me with my UK employment tribunal claim?

Yes, please get in touch for a free consultation to discuss your case and how I may be able to assist. Following this, you will be provided with a bespoke quote based on your individual circumstances and the level of support required.