Employment Tribunal: How to Make a Claim Step by Step

‍‌​​​​​​‌​​​‌​‌​‌‌​​​‌‌​​​​​​‌​‌‌‍> Disclaimer: SiteKiln gives you plain-English information, not legal or employment advice. Talk to a qualified professional before making big decisions.

The short version

If your employer has broken the law -- sacked you unfairly, docked your pay, discriminated against you, ignored your rights -- the Employment Tribunal is where you enforce those rights. It's free to bring a claim, you don't need a solicitor (though one helps), and the process starts not with a form but with a phone call to ACAS. Miss the deadline and you lose the right to claim, no matter how strong your case is.

Why this matters on site

Construction workers get dismissed at short notice, moved off sites without explanation, paid late or not at all, and told they have no rights because they're "self-employed." If you're actually an employee (or a worker -- see guide 3.1), the Employment Tribunal is the mechanism that makes your rights real. Without it, employment law is just words on paper.

The system is designed so ordinary people can use it without lawyers. Plenty of construction workers have brought claims and won. But you need to know the steps, the deadlines, and what to expect.

Step 1 -- Work out your time limit

This is the most important thing in the entire guide. Miss the deadline and your claim is almost certainly dead.

Current position (until October 2026): Most claims must be started within 3 months less one day from the act you're complaining about -- typically the date of dismissal, the date of the last unlawful deduction, or the last act of discrimination.

From October 2026: The Employment Rights Act 2025 extends this to 6 months for most claim types. Combined with early conciliation (up to 12 weeks), you could have up to roughly 10 months from the event.

Exception: Breach of contract claims arising on termination remain at 3 months even after October 2026.

The clock starts on the date of the act, not the date you realised it was wrong. If you were dismissed on 1 March, your deadline runs from 1 March -- not from when you got legal advice two months later.

Step 2 -- Contact ACAS for early conciliation (mandatory)

Before you can submit a tribunal claim, you must notify ACAS and go through early conciliation. This is not optional -- if you skip it, your claim form will be rejected.

How it works:

• Contact ACAS -- call 0300 123 1100 or submit the notification form online at acas.org.uk. You give basic details: your name, your employer's name and address, and a brief outline of the dispute.

• A conciliator is assigned -- ACAS will contact both you and the employer to see if the dispute can be settled without a tribunal. This is free and confidential.

• The conciliation period -- since 1 December 2025, this lasts up to 12 weeks (previously 6 weeks). During this time, your tribunal deadline clock is paused ("stop the clock" rule).

• Certificate issued -- when conciliation ends (whether settled or not), ACAS issues an Early Conciliation Certificate with a unique reference number. You need this number to submit your ET1 claim form.

• Clock restarts -- once the certificate is issued, you have at least one calendar month from the certificate date to file your ET1, even if your original deadline has technically passed.

Key point: Contact ACAS as early as possible. Don't wait until the last week of your limitation period -- if something goes wrong with the notification, you may run out of time.

Step 3 -- Submit your ET1 claim form

The ET1 is the form that starts your tribunal claim. You can submit it online through the GOV.UK Employment Tribunal portal (fastest) or by post.

What you need to complete:

The particulars of claim are where your case lives or dies. Set out the facts in chronological order, be specific about dates and events, identify the legal basis for each claim, and explain what remedy you're seeking (compensation, reinstatement, or a declaration).

You don't need legal language, but you do need to be clear and factual. Avoid emotional rants -- tribunals deal in evidence, not feelings.

Step 4 -- What happens after you file

Once your ET1 is accepted:

• The tribunal sends your claim to the employer -- they have 28 days to file a response (the ET3 form). If they don't respond, they may lose the right to defend the claim.

• Case management -- an Employment Judge reviews both forms and issues directions: a timetable for disclosure of documents, witness statements, and the final hearing date.

• Preliminary hearings -- the tribunal may hold a telephone or video hearing to clarify the issues, check time limits, or decide preliminary legal points (e.g. whether you're an employee).

• Disclosure -- both sides must share relevant documents. On site, this means contracts, payslips, emails, text messages, WhatsApp conversations, site induction records, timesheets -- anything that supports or undermines either side's case.

• Witness statements -- you'll need to prepare a written statement setting out your evidence. This replaces most of your spoken evidence at the hearing.

• Final hearing -- held at a tribunal centre, usually lasting 1--5 days depending on complexity. You give evidence, get cross-examined, the employer does the same, both sides sum up, and the judge (sometimes with two lay members) makes a decision.

Costs and fees

There are currently no fees to bring an employment tribunal claim. Fees were introduced in 2013 (up to £1,200) but were declared unlawful by the Supreme Court in 2017 and scrapped immediately.

The government has consulted on reintroducing a £55 issue fee, but as of March 2026 this has not been implemented.

Costs against you: Tribunals very rarely order a losing claimant to pay the employer's legal costs. It only happens if your claim was vexatious, had no reasonable prospect of success, or you conducted it unreasonably. Bringing a genuine claim in good faith -- even if you lose -- almost never results in a costs order.

What can the tribunal award?

Construction-specific considerations

Status disputes: Many tribunal claims in construction start with a threshold question -- are you actually an employee? If the employer says you were self-employed and you say you weren't, the tribunal will decide this as a preliminary issue. Have your contract, working arrangements, and evidence of control ready (see guide 3.1).

Multiple respondents: If you worked through an agency, under an umbrella, and on a client's site, you may need to name more than one respondent. Get this right on the ET1 -- adding respondents later is possible but harder.

Evidence on site: Construction evidence disappears fast. Sites close, induction records get binned, foremen move on. As soon as you think there's a problem, start keeping copies of everything -- texts, emails, photos of site boards, payslips, your contract, anything with your name on it.

Witness availability: Your colleagues may still be working for the same employer and reluctant to give evidence against them. The tribunal can issue witness orders compelling attendance, but a willing witness is always better than a reluctant one. Speak to potential witnesses early.

Backlog warning: The tribunal system is under severe pressure -- open caseload hit 831,000 cases in December 2025, up 49% year on year. Expect delays between filing and hearing. Cases routinely take 12+ months to reach a final hearing.

ERA 2025 -- the big shifts

What to do

• Act fast on time limits. Even with the extension to 6 months (from October 2026), don't wait. Evidence fades, memories blur, and ACAS conciliation takes time.

• Contact ACAS first. You cannot skip this step. Call 0300 123 1100 or go online.

• Keep everything. Contract, payslips, texts, WhatsApps, emails, photos of site records. Screenshot everything digital -- employers can (and do) delete evidence.

• Get your claim types right on the ET1. List every potential claim. Adding new ones later is harder and sometimes impossible.

• Consider getting help. You don't need a solicitor, but the particulars of claim section matters enormously. Free help is available from Citizens Advice, your union (if you have one), a Law Centre, or ACAS itself.

• Be realistic about timescales. Filing to hearing can take 12--18 months. Plan your finances and expectations accordingly.

• Don't be intimidated. The employer will probably have solicitors. That doesn't mean they'll win. Tribunals are designed for individuals to represent themselves, and judges are experienced at levelling the playing field.

What to do next

• Work out your time limit first -- most claims must be filed within three months minus one day (extending to six months from October 2026). This is the single most important thing.
• Contact ACAS on 0300 123 1100 to start mandatory Early Conciliation before you can submit a tribunal claim.
• Keep everything: contracts, payslips, texts, WhatsApps, emails, photos of site records. Screenshot digital evidence -- employers can and do delete it.
• Get your claim types right on the ET1 form -- list every potential claim, because adding new ones later is harder and sometimes impossible.
• Consider free help from Citizens Advice, your union, or a Law Centre with drafting your particulars of claim.

Sources

• Employment Tribunals Act 1996 -- jurisdiction and powers of the tribunal
• Employment Rights Act 1996 -- individual claim rights
• ACAS -- Employment Rights Act 2025 implementation timeline (March 2026)
• ACAS -- early conciliation 12-week extension (December 2025)
• GOV.UK -- ET1 claim form and guidance
• GOV.UK -- tribunal hearing guidance (T425)
• BLB Solicitors -- tribunal time limits increasing to 6 months (March 2026)
• Doyle Clayton -- employment tribunal time limits guide 2026
• Paris Smith -- employment tribunal process overview
• Citation -- employment tribunal claims and statistics 2025
• Tribunal Claim Solicitors -- unfair dismissal compensation (March 2026)
• Geldards -- ERA 2025 unfair dismissal changes from January 2027
• Monaco Solicitors -- completing the ET1 form
• Supreme Court -- R (Unison) v Lord Chancellor -- tribunal fees unlawful
• Backup HR -- Vento guidelines and tribunal award statistics

This guide is general information about bringing an employment tribunal claim in England and Wales. It is not legal advice. Tribunal claims involve strict deadlines and procedural rules -- missing a step can end your case. Always get independent legal advice from a qualified solicitor, your trade union, Citizens Advice, or a Law Centre before proceeding. Laws and procedures change; verify current positions with a regulated professional. SiteKiln is not a law firm and accepts no liability for actions taken based on this content.

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