Do I have to leave my job before making a claim to an employment tribunal?
You do not have to have left employment in order to bring most kinds of Employment Tribunal claims. For example, if you have been refused promotion because of pregnancy, you can claim sex discrimination while you are still working for your employer. However, in practice, it can be quite awkward to bring a claim against someone you are still working for.
If you can show that your employer’s conduct was so bad that you had to resign you may have a claim for ‘constructive dismissal’ but these are difficult claims to bring and you can never be sure of a successful outcome so it is best to seek advice first.
This advice applies in England, Wales, Scotland and Northern Ireland. If you live in another part of the UK, the law may differ. Please call our helpline for more details
If you have further questions and would like to contact our advice team please use our advice contact form below or call us.