How do I make a claim to a tribunal?

Last updated: 30 Jun 2020

Claims may be brought to employment tribunals to enforce payment of a redundancy payment or for unfair dismissal or discrimination claims.

If you have not been paid a statutory redundancy payment you can make a claim to the employment tribunal. The claim must be started within six months of the date of the end of employment.

Claims for non-payment of a contractual redundancy payment of up to £25,000 can be pursued in the employment tribunal as a breach of contract claim arising on termination of employment. A claim must be presented within three months of the termination date.

Unfair dismissal or discrimination claims can be pursued through the employment tribunal. These claims must be started within three months of the effective date of dismissal.

For tribunal claims for redundancy, breach of contract, unfair dismissal, or discrimination the first stage is to present an application for early conciliation through ACAS (the LRA in NI). This must be done within the relevant time limit.

Claims for redundancy pay above £25,000 would need to be brought in the civil courts. The time limit for these claims is six years from the breach in England, Wales, and Northern Ireland and five years in Scotland.

Advice should always be sought in good time from a Prospect full-time officer wherever there is a likelihood of a legal claim.

Members should note that legal advice and workplace assistance is offered at Prospect’s discretion, and will be decided depending on the facts and merits of each case.

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Members can get more detail by logging in and downloading our guide to redundancy.