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Wednesday, 3 October 2023

Making a claim to an Employment Tribunal

If you have a problem at work that you can’t sort out, you might be thinking about making a claim to an Employment Tribunal. Find out what to do to make a claim and where to send the claim form.

Before making a claim

Before you make a claim, it will be helpful to seek specialist advice, particularly about:

  • the tribunal process
  • the kind of evidence you might have to present to support your claim

Acas (the Advisory, Conciliation and Arbitration Service) offers free, confidential and impartial information on all employment rights issues.

An Employment Tribunal will look at whether you and your employer have tried to resolve your problem before you made your claim. This is in line with the Acas Code of Practice on disciplinary and grievance procedures.

For guidance on resolving problems at work follow the links below.

Pre-claim conciliation

If, despite having made reasonable efforts to resolve the problem, you feel you are likely to make a claim, you or your employer can ask for an Acas conciliator to speak to you both and try to help you reach an agreement.

How to make your Employment Tribunal claim

If you decide to submit a claim, you need to fill out the Employment Tribunal claim form - called an ‘ET1’.

You can fill in the form online using the link below. You can also view notes on how to fill in the form correctly.

Other ways to get an ET1 claim form

Guidance is also available in Braille, on audio tape, in large print, on disk and in other languages
Call 08457 959 775

You can also get an ET1 claim form from:

  • any Citizens Advice Bureau (CAB)
  • HM Courts and Tribunals Service
  • an Employment Tribunal office

Your local Citizens Advice Bureau can give you help to complete the form if you need it. It is a good idea to keep a copy of the completed form for your own records.

Where to send the form

Cases will normally be held in the Employment Tribunal office closest to the place where you normally worked or applied for work. You can use the tool at the end of the section to find the office closest to your place of work by typing in the postcode.

Online forms will automatically be sent to the correct office. However, if the place where you worked is different from your employer’s main address, make sure that you fill in the address and postcode of your actual place of work if you want the form to be directed to the office nearest your place of work.

The Employment Tribunal office will send a copy of the form to your employer and, in most cases, to Acas. Your employer then has 28 days to respond.

In Scotland all claims are first processed by the Glasgow office, so it’s best to send your claim there:

Employment Tribunal office
Eagle Building
215 Bothwell Street
Glasgow
G2 7TS

However, it may be more convenient for you to take your claim to the Aberdeen, Dundee or Edinburgh office. You can do this and it will be forwarded to the Glasgow office for you.

Employment Tribunal office
Mezzanine Floor
Atoll House
84-88 Guild Street
Aberdeen
AB11 6LT

Employment Tribunal office
2nd Floor
13 Albert Square
Dundee
DD1 1DD

Employment Tribunal office
54-56 Melville Street
Edinburgh
EH3 7HF

Sending your claim to the wrong office may cause a delay. If you don’t know where to send it, or don’t know the postcode for where you worked, call the Employment Tribunals public enquiry line on 08457 959 775.

Special conditions around certain types of claim

If you are making a claim for ‘breach of contract’

If you are making a claim for breach of contract, Employment Tribunals can only award compensation up to £25,000. For more information follow the ‘Breach of Contract’ link below.

If you are making a claim for ‘unfair dismissal’

You may also qualify for ‘interim relief’ - an emergency procedure which is only available in a limited range of unfair dismissal cases. If the Employment Tribunal decides that you qualify for this type of relief then it can make an order which prevents the dismissal taking full effect before the case is fully considered by the Employment Tribunal.

If you want to claim for this type of relief, you should get advice from Acas or the Employment Tribunal public enquiry helpline straight away, as the Employment Tribunal must receive your relief claim within seven days of your dismissal.

Getting help and advice

Before making a claim you should get advice on how you may be able to resolve your complaint without the need to go to an Employment Tribunal.

Acas offers free, confidential and impartial information on all employment rights issues.

You can also get advice from a trade union if you are a member, or from services such as the Citizens Advice Bureau.

You don’t need knowledge of the law to make a claim, but you may find it useful to get legal advice or find someone to represent you. If you live in Scotland you may be able to get free professional advice and assistance from a solicitor under the legal aid scheme. In special circumstances, you may also be able to get help towards legal representation. This is called ABWOR – 'assistance by way of representation'. It will depend on your financial circumstances.

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