Redundancy Tribunal: What to Expect

When to go to a tribunal

You may be able to bring a tribunal claim if:

• Your employer refused to pay statutory redundancy pay you are entitled to
• Your employer underpaid you — the amount offered was less than the correct statutory amount
• The redundancy process was defective — no genuine consultation, unfair selection, or discriminatorily applied criteria
• The stated reason for redundancy was not genuine — it was a pretext for dismissing you for another reason
• Your employer failed to follow the collective consultation rules (20+ redundancies)

Note: you cannot automatically go straight to a tribunal. For most disputes, you must first contact ACAS for early conciliation — they will attempt to resolve the dispute before it reaches a tribunal.

The process — step by step

1. Contact ACAS first — before making a tribunal claim, you must notify ACAS. They will attempt early conciliation to resolve the dispute without a tribunal. This is free and can often produce a fair outcome faster than a tribunal.
2. Early conciliation certificate — if ACAS cannot resolve the dispute, they will issue a certificate. You then have one month from the date of the certificate to make a tribunal claim.
3. Submit the ET1 form — the employment tribunal claim form, available at gov.uk/employment-tribunals. You can do this online. Be specific about what you are claiming and why.
4. Respond to the response — your employer will have the opportunity to respond to your claim. They may accept it, counter it, or dispute it.
5. Preliminary hearing — a tribunal may hold a preliminary hearing to consider any legal issues, such as whether the claim was submitted in time.
6. Final hearing — if the case proceeds, a final hearing is scheduled. Both sides present evidence, question witnesses, and make arguments. The tribunal then makes a decision.

The strict time limit

Tribunal claims for redundancy-related matters must be made within 3 months of the date of dismissal (or the date the relevant event occurred). This deadline is strict — tribunals cannot extend it except in very limited circumstances.

The clock starts from the date of dismissal, not from the date you discovered the problem. If you miss the deadline, your claim will generally be rejected unless you can demonstrate specific circumstances that justify an extension.

Contacting ACAS for early conciliation does stop the clock — the time spent in early conciliation does not count towards the 3-month deadline. You have at least one month from the end of early conciliation to make your claim.

What you can claim

Depending on your situation, you may be able to claim:

• Unpaid statutory redundancy pay — the amount you should have received but your employer did not pay
• Compensatory award for unfair dismissal — up to 52 weeks' pay (uncapped for unfair dismissal in a redundancy context), calculated based on your actual losses
• Basic award for unfair dismissal — based on your age, length of service, and weekly pay, similar to the statutory redundancy formula
• Failure to consult compensation — a protective award of up to 90 days' pay if your employer failed to consult properly on collective redundancies
• Discrimination damages — if the selection was discriminatory, additional damages may be awarded

The amounts can be significant — particularly in unfair dismissal cases where the compensatory award is uncapped. This makes getting the process right important.

What to prepare

If your case goes to a tribunal hearing, you will need:

• Your contract of employment and any variations
• Written communications from your employer about the redundancy — letters, emails, consultation meeting notes
• Your P45 and final payslips
• Any notes or recordings of conversations about the redundancy (note: recordings made without consent may have limited admissibility, but notes are always permissible)
• Your own calculation of what you are owed — use our calculator to prepare this
• Names and contact details of any witnesses who can support your case
• Any policy documents — staff handbook, redundancy policy, HR procedures — that your employer should have followed

Getting help

Tribunal cases can be complex. Free and low-cost help is available:

• ACAS — free conciliation and advice: 0300 123 1100
• Citizens Advice — free guidance on tribunal process and your rights
• Employment law solicitors — many offer free initial consultations and may work on a no-win-no-fee basis
• Trade union — if you are a union member, your union may provide legal representation
• Gov.uk guidance — gov.uk/employment-tribunals has detailed guidance on the process

Before accepting any settlement or signing any document, seek advice. Signing a settlement agreement after a tribunal claim has been lodged may affect your rights.