Glossary

Employment tribunal terms explained

Plain English definitions of the words and phrases that appear in employment tribunal judgments — from case outcomes to legal tests to remedies.

Case outcomes Claim types People & parties Process & procedure Legal concepts Remedies & awards A–Z index

Case outcomes

Claimant successful: The employee won outright on at least one claim. This doesn't automatically mean a large award — some wins come with modest or zero compensation depending on what was claimed.
Partially successful: The employee won on some claims but not others, or won in principle but had their compensation reduced — for example because the tribunal found they contributed to their own dismissal.
Respondent successful: The employer won. The claim was heard on its merits and dismissed.
Struck out: The claim was thrown out without a full hearing — usually because it had no reasonable prospect of success, the claimant failed to comply with tribunal orders, or the claim was scandalous or vexatious. It is not the same as losing on the merits.
Withdrawn: The claimant chose to drop the case before it concluded. This often happens after a private settlement, though not always — some claimants withdraw for personal reasons or because they can no longer pursue the case.
Settled: The parties reached an agreement and the claim was resolved without a tribunal decision on the merits. Settlement terms are usually confidential and don't appear in the judgment.
Default judgment: A judgment entered against the respondent because they failed to respond to the claim in time. The claimant wins without a full hearing, though a remedy hearing may still be needed to decide the award.

Claim types

Unfair dismissal: Being dismissed without a fair reason (such as misconduct, redundancy, or capability) or without a fair process. To bring this claim you generally need two years of continuous employment. It's the most common claim type in the tribunal system.
Constructive dismissal: When an employee resigns because their employer's conduct made the working situation intolerable — for example by cutting pay without consent, bullying, or fundamentally changing the job role. The employee treats themselves as having been dismissed and claims unfair dismissal.
Wrongful dismissal: A breach of contract claim about how the dismissal was carried out — most commonly failing to pay the notice period. It's different from unfair dismissal, which focuses on whether the reason for dismissal was fair. You don't need two years' service to bring a wrongful dismissal claim.
Redundancy: A dismissal where the job itself is no longer needed. Redundancy can still be unfair if the employer didn't follow a proper process — for example by failing to consult, choosing unfairly who to make redundant, or not considering alternative roles.
Discrimination: Being treated unfairly because of a protected characteristic such as age, disability, race, sex, religion, pregnancy, or sexual orientation. Discrimination claims can be brought alongside or separately from dismissal claims, and don't require any minimum service period.
Whistleblowing (protected disclosure): Making a disclosure in the public interest about wrongdoing — such as a criminal offence, a health and safety risk, or a cover-up. If an employee is dismissed or treated badly because they blew the whistle, they can claim automatic unfair dismissal, which requires no minimum service.
TUPE: Transfer of Undertakings (Protection of Employment). When a business or service is sold or transferred, TUPE requires the new employer to take on staff on their existing terms and conditions. Claims arise when employers change terms or dismiss employees in connection with a transfer.

People & parties

Claimant: The person bringing the claim — almost always the employee. On a judgment you'll see their name listed first.
Respondent: The employer being sued. The respondent files a response (ET3) defending the claim.

Process & procedure

Early conciliation: A mandatory step before filing a tribunal claim. The claimant contacts ACAS, who try to facilitate a settlement between the parties. If conciliation fails or either side opts out, ACAS issues a certificate that allows the claim to proceed.
ET1: The claim form the employee submits to start tribunal proceedings. It sets out the nature of the claim, the facts relied on, and the remedy sought.
ET3: The response form the employer submits to defend the claim. If the employer doesn't file an ET3 in time, a default judgment may be entered against them.
Time limit: Most employment tribunal claims must be filed within three months of the act complained of — for example three months from dismissal for an unfair dismissal claim. Missing the deadline usually means the claim cannot proceed, though tribunals can sometimes extend it.
Preliminary hearing: A hearing held before the main case to deal with procedural matters or threshold issues — for example whether the tribunal has jurisdiction, whether the claimant has enough service, or whether a claim should be struck out.
Final hearing: The main hearing where the tribunal hears evidence and submissions from both sides and decides the outcome. This is what produces the published judgment.
Jurisdiction: Whether the tribunal has the legal power to hear the claim. A case may be struck out or dismissed at a preliminary stage if the tribunal finds it has no jurisdiction — for example because the claimant doesn't have enough service for unfair dismissal.

Legal concepts

Qualifying period: The minimum period of continuous employment required to bring certain claims. For ordinary unfair dismissal, this is two years. There is no qualifying period for claims involving discrimination, whistleblowing, or automatic unfair dismissal.
Automatic unfair dismissal: A dismissal that is automatically unfair regardless of the employer's reason or process — for example dismissing someone for whistleblowing, being pregnant, or asserting a statutory right. No qualifying period applies.
Protected characteristics: The nine characteristics protected under the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Treating someone unfairly because of any of these can give rise to a discrimination claim.
Band of reasonable responses: The test a tribunal applies when deciding whether a dismissal was fair. The tribunal doesn't ask whether it would have dismissed the employee — it asks whether the employer's decision fell within the range of decisions a reasonable employer could have made. A dismissal can be found unfair even if some employers might have acted the same way.
Contributory fault: Where a claimant's own conduct contributed to their dismissal, the tribunal can reduce their compensation by a percentage — sometimes significantly. A claimant can win on unfair dismissal but still receive a reduced award because of contributory fault.
Reasonable adjustments: Changes an employer is legally required to make to remove or reduce a disadvantage faced by a disabled employee — for example adjusting working hours, providing equipment, or changing duties. Failing to make reasonable adjustments is a form of disability discrimination.
Detriment: Being treated badly by an employer for a protected reason — short of being dismissed. For example, being passed over for promotion or excluded from meetings because you made a whistleblowing disclosure. Detriment claims can be brought alongside or instead of dismissal claims.

Remedies & awards

Basic award: A fixed payment calculated from the claimant's age, weekly pay (capped by statute), and length of service. It is awarded in most successful unfair dismissal cases and mirrors the statutory redundancy payment calculation.
Compensatory award: Compensation for the financial loss caused by the unfair dismissal — primarily lost earnings past and future, plus loss of benefits. It is capped by statute (the cap changes each year). It can be reduced for contributory fault or if the claimant failed to mitigate their loss.
Reinstatement: Getting your old job back on the same terms as before the dismissal. Tribunals can order reinstatement but rarely do — most claimants prefer compensation, and many employment relationships have broken down by the time a judgment is issued.
Re-engagement: Returning to work for the same employer in a comparable role, rather than the exact same job as before. Like reinstatement, it is ordered infrequently in practice.
Costs order: An order requiring one party to contribute to the other's legal costs. Costs orders against claimants are relatively rare — tribunals are not supposed to punish people for bringing claims — but they can be made where a claim was misconceived, vexatious, or pursued unreasonably.