# Employment tribunal procedure: overview

> **Key takeaway:** ACAS EC → certificate → ET1 in time (often 3 months less one day + EC extension rules). ET3 response. Rules of Procedure 2013. Limited costs. Status/territorial jurisdiction first. Remedy separate from liability.

- **Jurisdiction:** England & Wales
- **Practice area:** Employment
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Employment/employment-tribunal-procedure
- **Keywords:** employment tribunal, Early Conciliation, ACAS, ET1, time limits, unfair dismissal procedure, Employment Tribunals Rules, limitation

## What is this about?

Most statutory employment claims are brought in the employment tribunal under the Employment Tribunals Rules of Procedure. Time limits are short, Early Conciliation via ACAS is usually mandatory before claim, and costs are not the default 'loser pays' High Court model.

## What is the core rule?

A claimant must generally contact ACAS for Early Conciliation before presenting a relevant claim, receiving a certificate that enables presentation (Employment Tribunals Act framework / Early Conciliation Regs). Ordinary unfair dismissal and many other claims must be presented within three months less one day from the effective date of termination/act complained of, subject to extension for EC and limited just-and-equitable/not-reasonably-practicable extensions depending on the claim type. Claims are started on prescribed forms (ET1); respondents ET3. Case management orders, deposit orders, strike-out, and open justice rules structure the process. Remedies hearings may follow liability.

## What are the elements or test?

1. Identify claim type and correct time limit test
2. ACAS Early Conciliation completed / certificate numbers?
3. EDT or act date correctly calculated?
4. Jurisdiction (territorial; worker/employee status)?
5. Pleadings particularised; any deposit/strike-out risk?
6. Remedy schedule prepared (loss, mitigation, Polkey, ACAS uplift)

## Which authorities matter?

- **Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (as amended) — Schedule Rules** — Primary procedural rules for ET practice in England & Wales/Scotland as applicable.
- **Employment Rights Act 1996, s.111 (and claim-specific time provisions); EqA 2010 time rules** — Statutory time limits for core claims — always check the specific statute.
- **Early Conciliation Rules / s.18A Employment Tribunals Act 1996 framework** — Mandatory Early Conciliation gateway for most claims.

## How does this apply in practice?

Time limits are a frequent fatal trap — calculate carefully with EC pause rules. Some claims (e.g. equal pay) differ. Scotland has the same ET system with some practice differences. This is not a full costs or judicial mediation manual. Check current fees (historically abolished after Unison) and any reform pilots.

## What are common pitfalls?

- Missing the primary limitation date after EC
- Naming the wrong respondent employer in group structures
- Under-particularising discrimination claims
- Assuming High Court costs rules apply

## When would a practitioner use this?

Pre-claim checklists, ET1/ET3 drafting, and case-management strategy.

## Quick reference

ACAS EC → certificate → ET1 in time (often 3 months less one day + EC extension rules). ET3 response. Rules of Procedure 2013. Limited costs. Status/territorial jurisdiction first. Remedy separate from liability.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*