An employment tribunal is a specialist judicial body in the United Kingdom that adjudicates disputes between employers and employees (or former employees) arising out of the law of employment and labour relations. It operates independently of the regular court system and is intended to provide a relatively informal, cost‑effective forum for resolving a wide range of workplace conflicts.
Jurisdiction and Scope
Employment tribunals have authority to hear claims concerning:
- Unfair dismissal – termination of employment that does not meet statutory requirements.
- Redundancy payments – entitlement to compensation when a position is eliminated.
- Discrimination – unlawful treatment based on protected characteristics such as sex, race, disability, age, religion or belief, sexual orientation, gender reassignment, or pregnancy.
- Equal pay – disparities in remuneration between men and women for equal work.
- Notice pay – failure to provide contractual or statutory notice periods.
- Wage disputes – non‑payment of wages, holiday pay, or other contractual entitlements.
- Restrictive covenants – enforcement or breach of post‑employment non‑compete, confidentiality, or garden‑leave clauses.
- Trade union rights – unlawful deductions, victimisation, or failure to recognise a union.
- Other statutory claims – such as breaches of the Working Time Regulations, the National Minimum Wage Act, and the Employment Rights Act 1996.
Structure and Administration
The tribunals are administered by the Employment Tribunals Service, an executive agency of the Ministry of Justice. The system consists of:
- Regional Employment Tribunals – located across England, Wales, Scotland, and Northern Ireland, each handling cases arising within its geographic area.
- Employment Appeal Tribunal (EAT) – based in London, it hears appeals on points of law from decisions of the regional tribunals. The EAT may also hear direct appeals from certain statutory bodies.
Cases are typically heard by a tribunal panel comprising:
- A legally qualified Employment Judge (or a magistrate with appropriate training).
- A non‑legal member (often a layperson with experience in employment matters) who brings a practical perspective.
In some straightforward cases, the tribunal may sit with a single Employment Judge.
Procedure
The procedural framework is designed to be accessible to non‑lawyers:
- Pre‑claim conciliation – Parties are required to attempt early resolution through the Acas Early Conciliation service before filing a claim.
- Claim form – The claimant submits an ET1 form outlining the alleged breach and desired remedy.
- Response – The employer files an ET3 response, admitting or denying the allegations.
- Case Management – The tribunal issues directions on evidence, witness statements, and timetable.
- Hearings – Proceedings are generally oral, with limited reliance on formal rules of evidence. Parties may be represented by lawyers, trade union officials, or may act self‑represented.
- Decision – The tribunal issues a written judgment, which may award compensation (including basic award, compensatory award, and, where relevant, a statutory award for discrimination) or provide other remedies such as reinstatement.
Appeals and Enforcement
Decisions of a regional employment tribunal can be appealed to the Employment Appeal Tribunal on a point of law, subject to permission. Further appeals may proceed to the Court of Appeal and, in exceptional circumstances, to the Supreme Court. Enforcement of tribunal awards is carried out through the court system, similar to civil judgments.
Historical Development
The modern employment tribunal system evolved from the Industrial Relations Act 1971, which introduced "industrial tribunals." After the Act’s repeal, the Employment Protection Act 1975 re‑established the tribunals under the name “employment tribunals.” Subsequent legislation—most notably the Employment Rights Act 1996 and the Equality Act 2010—expanded the scope of claims and reinforced procedural safeguards.
Funding and Accessibility
Employment tribunals are funded through a combination of court fees (which have been largely abolished for most claimants) and central government allocations. The removal of fees, implemented in 2017, was intended to improve access to justice for low‑income workers.
Criticism and Reform
The tribunal system has faced periodic criticism regarding:
- Backlogs and delays – High caseloads can lead to waiting periods of several months to years.
- Complexity of law – Despite an informal setting, the substantive law remains complex, prompting calls for clearer guidance and legal assistance.
- Consistency of decisions – Variation in outcomes across regions has led to proposals for greater standardisation.
Responses have included procedural reforms, increased staffing, and the development of online case management platforms to streamline filings and communications.
Comparative Context
While the term “employment tribunal” is specific to the United Kingdom, many jurisdictions have analogous bodies, such as:
- Labor Courts in the United States (federal and state courts handling employment‑related claims).
- Arbeitsgerichte in Germany.
- Conseils de prud’hommes in France.
- Industrial Relations Boards in Australia.
These institutions serve similar purposes of adjudicating employment disputes outside the conventional civil court hierarchy.