Common pitfalls in making an application to the Employment Tribunal

Making a claim to an Employment Tribunal can be a daunting process. While it offers employees and workers a route to challenge unfair treatment, mistakes in the application process can weaken a case or even result in dismissal before it is heard. This article highlights the common pitfalls when making an application to the Employment Tribunal and how to avoid them.

1. Missing the deadline

One of the biggest mistakes claimants make is failing to submit their claim within the strict time limits.

• Most employment tribunal claims must be made within three months less one day from the date of the incident (e.g., dismissal, discrimination, or unlawful deduction from wages)
• For redundancy pay and equal pay claims, the deadline is six months
• Claimants must also notify Acas (Advisory, Conciliation and Arbitration Service) through Early Conciliation before submitting a claim, which can extend the deadline slightly.

Avoiding this pitfall:

• Act quickly, seek legal advice early, and start the Acas Early Conciliation process as soon as possible to preserve your right to claim.

2. Failing to engage with Acas early conciliation

Before submitting an Employment Tribunal claim, claimants must go through Acas Early Conciliation to try to resolve the dispute without a tribunal hearing.

• If you fail to complete this step, the tribunal will reject your claim.
• You need to obtain an Early Conciliation Certificate from Acas before proceeding.

Avoiding this pitfall:

• Contact Acas as soon as possible and ensure you receive the Early Conciliation Certificate before filing your claim.

3. Poorly drafted ET1 form

The ET1 form is the official document submitted to start a tribunal claim. Mistakes in this form can result in rejection or a weak case.

• Failure to clearly state the legal basis for the claim (e.g., unfair dismissal, discrimination, wage disputes).
• Not providing enough detail about key dates, events, and how the employer breached employment law.
• Mixing up different claims without explaining them properly.

Avoiding this pitfall:

• Clearly outline the legal basis for your claim, include key dates, and provide a factual and structured explanation of what happened. If unsure, seek legal advice or help from a trade union.

4. Claiming against the wrong employer or individual

Many employees mistakenly file a claim against the wrong employer entity. For example:

• The company name on the ET1 form must match the legal name registered with Companies House.
• If you work for a franchise, ensure you are claiming against the correct business owner.
• In discrimination claims, you can also name individual employees responsible for the unfair treatment.

Avoiding this pitfall:

• Check your employment contract or payslip for the correct legal employer name. If unsure, consult Companies House or seek advice.

5. Failing to provide evidence

Employment Tribunal claims require strong evidence to succeed. Many claimants weaken their case by:

• Not gathering emails, text messages, witness statements, payslips, or contracts.
• Relying on verbal statements without documentation.
• Submitting evidence too late in the process.

Avoiding this pitfall:

• Collect all relevant evidence before submitting your claim and organise it in a clear way.
• Keep copies of all correspondence with your employer.

6. Not understanding tribunal costs and risks

Employment Tribunals do not usually require claimants to pay legal costs, but:

• If the tribunal finds your claim frivolous, vexatious, or unreasonable, you may be ordered to pay costs to the employer.
• If you fail to comply with tribunal directions, your claim could be struck out.

Avoiding this pitfall:

• Only bring a claim with a genuine legal basis, follow tribunal deadlines, and cooperate with requests for evidence and hearings.

7. Underestimating the complexity of tribunal procedures

Tribunals have strict rules about:

• Case management orders (directions from the tribunal about what evidence must be submitted and when).
• Preliminary hearings (if there are legal issues to resolve before the full hearing).
• Witness statements and cross-examination during the hearing.

Many claimants struggle with legal arguments and procedural rules without professional help.

Avoiding this pitfall:

• Read the tribunal’s guidance carefully, seek help from Acas or an employment lawyer, and prepare thoroughly for hearings.

Conclusion

Making a successful Employment Tribunal claim requires careful attention to detail, adherence to deadlines, and strong evidence. Many claims fail due to avoidable mistakes such as missing deadlines, filing incomplete forms, or not engaging in Acas Early Conciliation. By preparing properly and seeking legal guidance where needed, claimants can improve their chances of success.

If you are considering making a claim, consult Acas, a trade union, or take expert legal advice to ensure your case is well-prepared and stands the best chance of success.

This article was brought to you by Kidd Rapinet’s employment solicitors. You can book an appointment with any of the employment lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided or seek support from ACAS, or trade unions

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