A Guide to the Employment Tribunal in Northern Ireland

If you have a problem at work, the first step is to check whether the issue is covered in your contract or any workplace policies. Look at your contract of employment and your employee handbook. If you don’t have copies, ask your employer to provide them. These documents will help you understand what you should do next and what your employer is expected to do.

Many workplaces have a grievance and disciplinary policy. This policy explains how you can raise a grievance — which is any concern, problem or complaint you have at work. It will also set out what your employer must do, what you can expect from them, and what actions you can take if you’re not happy with their response. It will also explain what standards of behaviour are expected from you.

If your employer does not have a grievance or disciplinary policy, you can use the Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures (LRA Code) for guidance on what you should do to raise a grievance and the standards your employer should follow.

Once you have consulted your contract and workplace policies, you should try raising your problem with your employer informally. A simple conversation with a manager can often sort out the issue quickly. If your own manager is part of the problem, try speaking to another manager you trust, or someone in the Human Resources team instead.

If an informal approach does not work, raise your issue formally with a written grievance. Refer to your workplace grievance policy or the Labour Relations Agency Code of Practice for guidance on how to raise a formal written grievance. An example grievance letter is included in the Appendices to this Guide.

Once you raise a formal, written grievance, your employer should respond in accordance with workplace policy or the Labour Relations Agency Code of Practice.

Grievance procedures help employers to deal with grievances fairly, consistently and speedily, and avoid the need for legal action where possible.

If you believe that your employer has not dealt with your grievance properly, or the process was unfair, you should be given the chance to appeal their decision.

Your appeal should be handled fairly and by someone who wasn’t involved in the original decision, if possible.

You have a legal right to be accompanied at an appeal meeting by a work colleague or a Trade Union representative.

If you are still unhappy with the outcome after the appeal, you can look into other options for resolving the issue, which includes making a claim to the Employment Tribunal.

We recommend getting further advice before taking legal action against your employer or former employer.

Some workplaces, such as the NHS, provide a mediation service to help resolve workplace disputes. Mediation involves an impartial person — called a mediator — who speaks with both sides and gives everyone a chance to explain their concerns. The mediator helps the parties work towards an agreement, but they do not make a decision or take sides.

Mediation will only work if both sides agree to take part and cooperate.

Why consider mediation?

Mediation is often:

• quicker — it can sometimes be completed in a single day

• less expensive

• less stressful than other formal processes

However, the agreement reached in mediation is not legally binding unless both sides choose to make it so.

When is mediation used?

Mediation may be included in your employer’s grievance procedure. If this applies to you, it should be explained in your employment contract or workplace policies.

Mediation can be carried out internally by someone trained within your organisation, or by an external provider. The Labour Relations Agency also offers a free mediation service, which can be requested by either an employer or an employee.

Arbitration is a process where an independent person, called an arbitrator, listens to both sides of a workplace dispute and makes a decision. It can be used to settle individual or group issues at work without going to an Employment Tribunal.

During arbitration, each side:

• explains their case

• provides evidence

• can call witnesses to support their version of events

Before arbitration begins, both sides usually agree whether the arbitrator’s decision will be legally binding (meaning they must follow it) or whether they can still take the issue to a Tribunal or Court if they are unhappy with the outcome.

Arbitration is often quicker and less formal than going to a Tribunal or Court.

How is arbitration different from mediation?

• Arbitration: the arbitrator listens to both sides and makes a decision

• Mediation: the mediator helps the parties reach their own agreement

The Labour Relations Agency provides a free arbitration scheme that can resolve most employment law issues.

Settlement Agreements (also called Compromise Agreements)

A settlement agreement is a legal contract between you and your employer that usually includes:

• your employer agreeing to pay you money, make changes at work, or stop certain behaviour

• you agreeing not to take legal action against them in the future about the issue

Because it is a contract, either you or your employer can enforce it if the other side does not follow the terms.

Your employer may also include clauses that:

• require you to keep the agreement confidential

• prevent both sides from making negative comments — including on social media

Your employer will discuss the terms with you in person or in writing.

Legal advice

If you decide to settle using a settlement agreement, your employer will usually pay for you to get independent legal advice from a solicitor. This ensures that you understand what rights you are giving up — including the right to bring a claim to the Employment Tribunal.

A solicitor will explain the terms of the agreement but will not normally advise whether it is the best possible deal or whether you should go to Tribunal instead.

If you sign without legal advice, you may still be able to take a claim to the Tribunal.

Confidential negotiations

If you talk to your employer about settling and later decide not to agree, you normally cannot use those discussions in an Employment Tribunal claim. If you think you may need to rely on what was said, get legal advice before going further.

Things to think about before agreeing

Ask yourself:

• Is the offer fair?

• How strong is my case? What are the weaknesses?

• If I am staying in my job, will the agreed changes actually be made?

If you feel the offer is not good enough, you can:

• negotiate for a better offer, or

• reject the offer and continue with (or start) a Tribunal claim

Before Making a Tribunal Claim

Starting legal action against your employer is a big decision. Employment Tribunal cases can take a long time and may be stressful — both financially and emotionally.

Here are some things to think about before you decide:

• What could you gain if you win?
  You may receive compensation or, in some cases, be reinstated to your job or receive a formal acknowledgement of what went wrong.

• Could you be ordered to pay costs?
  This is uncommon, but the Tribunal can order you to pay some or all of the other side’s costs if you behave unreasonably during the case.

• How will it affect your working relationships?
  Taking legal action may damage relationships at work, which matters if you are hoping to return to your job.

• Are you prepared for the process?
  Cases can take a long time to reach a final hearing. The process is formal and will likely involve speaking in public and answering difficult questions from your employer or their legal representative.

It is important to remember that not every workplace problem is a legal issue. It’s a good idea to get early legal advice so you can understand whether the law applies in your situation. An Employment Tribunal can only deal with certain types of claims ( this is called having ‘jurisdiction’).

You may be able to make a Tribunal claim if you have experienced any of the following:

• Unfair dismissal
  You were dismissed without a fair reason or without a fair process.

• Constructive dismissal
  You felt forced to resign because of your employer’s behaviour.

• Discrimination
  You were treated unfairly because of a protected characteristic, such as:
  age, gender, race, disability, religious or political belief, gender reassignment, pregnancy or maternity, marriage or civil partnership, or sexual orientation.

• Less favourable treatment because of your employment status
  For example, being treated worse than others because you are a fixed-term, part-time, or agency worker.

• Whistleblowing
  You were treated unfairly after reporting wrongdoing (a ‘protected disclosure’).

• Unlawful deductions from wages
  For example, unpaid wages or incorrect holiday pay.

• Unfair redundancy selection
  You believe you were chosen for redundancy without a fair reason or fair process.

Time limits are very important in Employment Tribunal cases. If you miss the deadline, you may lose the right to bring your claim.

Most claims must be made within three months of the problem happening — for example, the date your employment ended or the incident took place.

For discrimination cases, the three-month limit usually runs from the last act of discrimination.

The Tribunal will only allow a late claim in very exceptional circumstances, so it is important to act quickly and get advice as soon as possible.

Legal Aid is generally not available for Employment Tribunal claims. This means it usually will not pay for a solicitor to represent you at a Tribunal hearing.

However, there are other ways to get free legal advice in Northern Ireland:

Trade Unions

If you are a member of a Trade Union, you may be able to get free legal advice and sometimes representation. Contact your Union Representative to check what support is available.

Law Centre NI

Law Centre NI provides free employment law advice to employees and workers. In some cases, we can offer full representation.

Equality Commission

If your issue involves discrimination at work or during recruitment, the Equality Commission may be able to help.
You can contact them on 028 90 500 600.

Legal Expenses Insurance

Some household insurance policies include cover for employment disputes. Check your policy documents to see if employment issues — such as breach of contract — are included.

If your policy excludes ‘disputes concerning trade, profession or occupation’, it is unlikely to cover employment matters.

If your policy does provide cover:

• You are entitled to choose your own solicitor — the insurer cannot force you to use their nominated solicitor.

• The insurer must pay your solicitor’s reasonable fees under the policy.

Since January 2020, you must contact the Labour Relations Agency (LRA) before you can make a claim to the Employment Tribunal. You or your representative can do this by:

• completing the LRA’s online notification form, or

• calling 0330 055 2220

After you notify them, a Conciliation Officer will normally contact you within five working days to ask whether you want to try Early Conciliation. You must consider Early Conciliation — but taking part is voluntary.

What is Early Conciliation?

If both sides agree, the Conciliation Officer will speak to you and your employer to help see if the issue can be resolved without going to Tribunal.

The Conciliation Officer:

• is impartial and does not decide who is right or wrong

• helps both sides negotiate

• aims to reach an agreement that both sides are satisfied with

Conciliation usually takes place over the phone, and sometimes through meetings.

Why consider Early Conciliation?

Early Conciliation is:

• free

• usually quicker and less stressful than Tribunal proceedings

• more flexible — you can agree outcomes that a Tribunal cannot order (for example, a job reference)

If you reach an agreement, it becomes legally binding. It can be agreed verbally, and then written up and signed on an LRA form. The Tribunal will be informed and your case will end.

If Conciliation is unsuccessful

If your employer does not want to take part, or an agreement cannot be reached:

• the LRA will issue an Early Conciliation Certificate number

• you will need this number to submit a Tribunal claim

• your normal Tribunal time limit is paused while conciliation is ongoing

If it becomes clear that conciliation is not making progress, you can ask the LRA to issue the certificate so you can move forward with a claim.

The LRA has published a guide to Early Conciliation, which can be accessed here.

To start a claim with the Employment Tribunal, you must complete a form called an ET1. This form sets out your claim in writing and in detail.

You can:

• download the ET1 form, or

• submit your claim online
  via the Office of the Industrial Tribunal and Fair Employment Tribunal website.

Information you must include

Your ET1 must contain:

• Your full name and address (the Claimant)

• The full name and address of each Respondent (usually your employer)

• Your Early Conciliation Certificate number

These details — especially the Respondent’s name and certificate number — must match exactly what is shown on the Early Conciliation Certificate. If they do not, the Tribunal may reject your claim.

What to include in your claim

Your ET1 should:

• clearly explain what your claim is about

• include a short summary of the key facts

• be written clearly and concisely

• cover all the issues you want the Tribunal to look at

It can be very difficult to add new issues after your claim has been submitted.

You should also include details of any financial losses you believe you have suffered. Later in the process, you will be asked to provide a more detailed Schedule of Loss.

How to submit the ET1

You can send your ET1 to the Tribunal:

• by email, or

• by post

Contact information is available on the Tribunal’s website

If your ET1 is rejected

Sometimes claims are rejected for technical reasons, such as incorrect employer name details that do not match the Early Conciliation Certificate.

If this happens, you can request a reconsideration within 14 days of the rejection notice. You must explain either:

• why the rejection was wrong, or

• how the mistake can be corrected

An Employment Judge will then decide whether your claim can continue.

Which court? Industrial Tribunal v Fair Employment Tribunal

When people talk about bringing a case to the Employment Tribunal in Northern Ireland, they refer to the Industrial Tribunal or the Fair Employment Tribunal. While the Industrial Tribunal and Fair Employment Tribunal sit in the same building and involve the same Judges, they deal with different issues.

The Industrial Tribunal is an independent judicial body that hears and determines claims to do with employment matters. These include claims relating to unfair dismissal, breach of contract, wages and other payments, as well as discrimination on the grounds of sex, race, disability, sexual orientation, gender reassignment, age, part-time working and equal pay.

The Fair Employment Tribunal (FET) is an independent judicial body that hears and determines complaints on the grounds of religious belief or political opinion.

If your claim relates to issues relevant to the Industrial Tribunal and Fair Employment Tribunal, the FET will decide all aspects of your claim.

After You Submit Your ET1

Once you send your ET1 form to the Tribunal, it will be checked and registered. This may take a few weeks. When the claim has been registered, the Tribunal will send a copy to your employer.

If your employer decides to defend the case, they become known as the Respondent.

The Respondent’s Response (ET3)

The Respondent can respond by:

• sending the claim to their solicitor, or

• preparing a response themselves

Their response is called an ET3. This document explains:

• whether they dispute your claim, and

• their reasons for resisting it

The Respondent must submit their ET3 within 28 days of receiving your ET1. Sometimes they may ask the Tribunal for extra time to respond.

You will receive a copy of the ET3 once it has been processed.

If no response is received

If the Respondent does not send an ET3 in time:

• the Tribunal will arrange a hearing

• the Respondent will usually not be allowed to take part.

After both the ET1 and ET3 have been submitted, the Tribunal will set a date for a Case Management Preliminary Hearing.

This hearing allows the Employment Judge to:

• clarify the key issues in the case

• set a timetable for the steps that both parties must follow

• give a deadline for exchanging documents

• discuss arrangements for witnesses

Witnesses

The Judge will ask each party:

• whether they plan to call any witnesses, and

• how many witnesses they intend to bring

You should speak to your potential witnesses in advance to make sure they are willing to provide a statement and give evidence.

You should also be ready to tell the Judge:

• when you and your witnesses are available to attend a hearing usually covering a period of 6 to 12 months ahead

Other options to consider

Judicial Assessment

Judicial Assessment is a confidential review of an Employment Tribunal claim carried out by an Employment Judge. It can happen at the first Case Management Preliminary Hearing — but only if both sides agree.

The Judge will give an impartial view on:

• the strengths and weaknesses of each side’s case

• the risks involved for both parties

• what the key issues in dispute really are

This can help both sides understand their position more clearly and may encourage a settlement before the case goes further.

Judicial Mediation

Judicial Mediation is a way of resolving Employment Tribunal claims without having a full hearing. An Employment Judge acts as a mediator, helping both sides work towards an agreement.

Judicial Mediation is:

• voluntary — no one is forced to take part

• confidential

• something either party can stop at any time

For Judicial Mediation to work, both sides need to be willing to compromise. For further information on Judicial Assessment and Mediation see here

The goal

Both Judicial Assessment and Judicial Mediation aim to help the parties reach a mutually acceptable resolution early on, avoiding a lengthy and contested Tribunal hearing.

At the first Case Management Preliminary Hearing, the Employment Judge will instruct both parties to exchange Notices. These usually include:

• Notice for Discovery

• Notice for Additional Information

This process allows both sides to share and request evidence relevant to the case.

Notice for Discovery

A Notice for Discovery asks the other party to provide specific documents, such as:

• Emails or letters

• WhatsApp or other messaging records

• Photographs

• Contracts of employment

• Staff handbooks and policies

• Minutes or internal notes

Many of these documents may be held by your employer.

Notice for Additional Information

This Notice asks questions that clarify points made in the:

• ET1 (your claim)

• ET3 (the employer’s response)

You must respond fully and honestly to the questions within the deadline set by the Tribunal.

Your obligations

You may also need to provide evidence of any:

• Financial loss (e.g., lost wages)

• Job search efforts (applications, interviews)

• Payslips from any new employment

These will be important in calculating compensation if your claim succeeds.

Once you have received the Respondent’s ET3, you are entitled to seek discovery of all relevant documents in their possession, custody, power, or control.

You can do this by serving a Notice for Discovery, which should:

• List the specific documents you require

• Set a deadline for the Respondent to reply

• Warn that you may apply to the Tribunal for an order to compel disclosure if they fail to respond satisfactorily

This helps ensure you have access to the evidence needed to support your case.

📌 Tip: An example Notice for Discovery can be found at the end of this Guide.

In addition to requesting documents, you can also ask the Respondent questions about issues that arise from the statements or allegations made in their ET3 response. This is done through a Notice for Additional Information.

This Notice allows you to:

• Seek clarification on points raised in the ET3

• Ask specific questions that help define the issues in dispute

• Obtain information that supports your case

The Respondent is required to:

• Provide answers to the questions asked

• Supply any relevant supporting documentation

Using both a Notice for Discovery and a Notice for Additional Information ensures that each party has access to the evidence and clarity needed to properly prepare for the Tribunal hearing.

If your case involves an allegation of discrimination, you may also choose to serve a statutory questionnaire on the Respondent.

A statutory questionnaire:

• Allows you to ask detailed questions about the alleged discrimination

• Can help you obtain important information held by your employer

• May support your claim by clarifying the employer’s position

This can be a useful tool in strengthening your case and identifying relevant facts.

The Equality Commission provides the appropriate questionnaire forms and further guidance on how to use them. These can be accessed on the Equality Commission’s website.

The Respondent can also ask you for certain documents and information by serving you with Notices for Discovery and Additional Information. You are legally obliged to respond to these notices.

The Tribunal will usually set a deadline for exchanging information. However, discovery is an ongoing obligation for both parties throughout the case. If further relevant information becomes available at any time, it must be disclosed to the other side as soon as possible.

At the Case Management Preliminary Hearing, the Employment Judge will aim to identify the key legal and factual issues in your case. Alternatively, the Judge may set a deadline for both parties to agree these issues. This is known as the Statement of Legal and Factual Issues.

The Statement is generally drafted in neutral terms and should be agreed by both parties where possible. It sets out:

• The key facts in dispute

• The legal issues the Tribunal must decide

To take part in preparing this statement, you will need to understand:

• The legal basis of your claim

• The facts you must prove to succeed

Employment Tribunal hearings are conducted using written witness statements. These statements are prepared and exchanged by the parties in advance of the hearing. The Tribunal panel will read the statements before the hearing begins.

Once the hearing starts, the Tribunal will treat the written statements as the evidence-in-chief of each witness. This means:

• Witnesses do not usually read their statements aloud in the hearing room

• They may be asked questions during cross-examination about the content of their statements

• They may also be asked questions by the Tribunal panel for clarification

The Claimant will always be a witness in their own case. Your witness statement is a key document and should provide a clear, detailed and accurate account of your version of events.

If you have other witnesses, each of them will also be required to provide their own statement. All witness statements will be shared with the Respondent and the Tribunal before the hearing.

The University of Ulster has published a Guide on Drafting Your Own Witness Statement, which you can access here

There is one Employment Tribunal venue in Northern Ireland, located at Killymeal House, Belfast. The Office of the Tribunals will send a Notice of Hearing to both parties, usually at least 14 days before the hearing date.

A hearing is normally conducted by a full Tribunal panel, consisting of:

• An Employment Judge

• Two lay members

Hearings are generally held in public.

Giving Evidence

Each party gives evidence by adopting their written witness statements. Witnesses do not normally read out their statements, but they may be questioned about them during:

• Cross-examination by the other party

• Re-examination on any new issues raised during cross-examination

The Tribunal panel may also ask questions to clarify important facts.

Order of Evidence

The order in which parties give evidence depends on the type of claim:

• Unfair dismissal claims: the Respondent (employer) presents evidence first, as they must justify the dismissal

• Other types of claims: the Claimant (employee) presents evidence first

You can represent yourself or appoint a representative to present your case.

Conduct of the Hearing

The Employment Judge controls the hearing, including:

• The order of witnesses

• Time allowed for questioning

• How each stage of the hearing progresses

If you are unsure about anything during the hearing, you may request guidance from the Judge. The Judge should be addressed as “Judge”, “Sir” or “Madam”.

If a Claimant does not attend and is not represented, the Tribunal may:

• Decide the case in their absence, or

• Dismiss the claim

The Tribunal’s Decision

After all evidence and submissions have been heard, the Tribunal will retire to consider its decision. It will determine:

1. Whether the claim succeeds or fails

2. If successful, what remedy or compensation should be awarded

The Tribunal may announce the decision orally on the day, or issue a written decision at a later date.

Awards of costs in Employment Tribunal cases are rare. Each party is usually expected to cover their own legal expenses.

However, the Tribunal may order a party (or their representative) to pay costs if:

• They have acted vexatiously, abusively, disruptively, or otherwise unreasonably

• Their claim or defence had no reasonable prospect of success

If you represent yourself and you win your case, the Tribunal may award you a contribution toward your preparation costs if it finds that your employer behaved unreasonably during the proceedings.

Read more about costs here

You can only appeal an Employment Tribunal decision to the Court of Appeal on a point of law. This means you cannot appeal simply because you disagree with how the Tribunal assessed witnesses or weighed the evidence.

Be aware that:

• If your appeal is unsuccessful, you could be ordered to pay significant legal costs

• You should seek legal advice before deciding to appeal

Appeals are limited in scope and can be expensive, so careful consideration is essential.