2. Key case steps

These are the key steps in a typical tribunal case for sex discrimination. This is only a broad summary. You may need more information on finding an adviser and paying for your case or on resources and other sources of help. Below is a summary of the key steps in an employment tribunal case, including links to more detailed information.

1. If appropriate, the worker should send their employer a grievance letter.
2. Before the worker starts any tribunal case, they may also want to see whether they can negotiate with their employer, eg for compensation for loss of their job.
3. Send the employer a questionnaire under the Equality Act 2010. Using the questionnaire procedure is advisable but not compulsory. Ideally the questionnaire should be sent before the Claim but it can be sent after the Claim is lodged at step 4 provided this is done within 28 days of the Claim being lodged.
4. Send the tribunal a completed Claim form (ET1). This starts the case.
5. The employer’s Response form (ET3) should be received from the tribunal about 5 weeks later. A worker who starts a tribunal Claim is called the ‘Claimant’. The employer against whom the Claim is made is called the ‘Respondent’ 
6. ACAS will get in contact with the Claimant to offer off-the-record services with the aim of helping the parties reach an agreed settlement if they want to.
7. Within 8 weeks of sending the employer a Questionnaire, the Reply to the Questionnaire should be received direct from the employer. If not, chase it up.
8. Write to the Respondent asking for additional information arising from the ET3 and documents.
9. If these are not supplied voluntarily, ask the tribunal for an Order.
10. At the same time, the Respondent may send the Claimant a request for additional information arising from the ET1 and documents. If there is a tribunal Order against the Claimant, make sure it is answered within the time scale set.
11. Before or after stages 6 – 8, the tribunal will probably ask the Claimant or their representatives to attend a case management discussion (CMD). The case management discussion is to sort out case preparation. It will identify the relevant issues; deal with exchange of additional information and documents; fix hearing dates; arrange dates for exchange of witness statements; decide who is to prepare trial bundles (see point 13 below). Whoever attends should take their diary with them for when the tribunal fixes a hearing date and check dates to avoid with the witnesses.
12. A hearing date is notified (if not already set at a case management discussion).
13. The Claimant needs to agree with the Respondent a set of documents to go into a numbered trial bundle for the hearing. This should include any documents related to the Claimant’s loss, e.g. pay-slips and attempts to find work.
14. Both sides write witness statements for each of their witnesses. The witness must understand that the statement is their evidence, and they must thoroughly check that their statement is factually accurate. About two to four weeks before the hearing, the Claimant and the Respondent exchange the statements.
15. At some stage, the Claimant may be required to send the Respondent a Schedule of Loss and Remedy. This includes the Claimant’s financial losses (earnings and benefits), past and future.
16. The final hearing is held. Sometimes there may have been a pre-hearing review if there is any problem regarding the basis of the case or jurisdiction, e.g. whether the Claim was lodged within the time-limit. 
17. The final hearing may only deal with liability, i.e. whether the Claimant wins or loses, or it may at the same time deal with remedy, i.e. what compensation or other remedy the Claimant should be awarded if they win.
18. Sometimes the tribunal announces the outcome at the end of the hearing. More often in discrimination cases, the decision is ‘reserved’, i.e. decided upon and sent to the Claimant later.