How Long Does an Employment Tribunal Take From Start to Finish?

Employment tribunal cases in England and Wales vary considerably in length depending on the type of claim and whether the case proceeds to a full hearing. This guide sets out realistic timelines for common types of claim.

ACAS Early Conciliation

Before submitting a tribunal claim, you must contact ACAS for early conciliation. This typically takes up to six weeks, though it can be shorter if both parties agree there is no prospect of settlement. Time spent in early conciliation pauses the three-month claim deadline.

From Claim Submission to Hearing

Once a claim is submitted, the employer has 28 days to submit their ET3 response. The tribunal then reviews the papers and may hold a preliminary hearing to clarify the issues or deal with jurisdictional points.

For a simple unfair dismissal case without significant factual dispute, a final hearing can be listed within 6 to 12 months of the claim being submitted, depending on the tribunal's workload in your region. Tribunal waiting lists have lengthened significantly in recent years and some regions experience longer delays.

Complex claims, particularly multi-day discrimination cases, whistleblowing claims, or cases involving large numbers of documents: take longer. These cases frequently take 18 months to two years from submission to final hearing.

What Happens Between Submission and Hearing?

Between submission and the final hearing, there may be case management preliminary hearings, exchange of witness statements and documents, preparation of the hearing bundle, and potentially mediation or judicial mediation. All of these steps add time to the overall process.

How Long Is the Final Hearing?

A simple unfair dismissal case with one or two witnesses may be listed for one to two days. Complex discrimination cases with multiple witnesses and a large bundle of documents may require five days or more. The tribunal schedules the hearing length based on what the parties estimate is needed.

What Happens After the Hearing?

The tribunal may deliver its judgment on the day or, in complex cases, reserve judgment to be sent in writing weeks or months later. If the claim succeeds, there may be a separate remedy hearing to determine compensation.

Summary

Simple unfair dismissal claims typically take 9 to 18 months from early conciliation to final hearing. Complex discrimination or whistleblowing cases often take 18 months to two years or more. Tribunal waiting lists vary by region. Early and thorough preparation significantly reduces delays at each stage.

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