Things to think about before bringing an Employment Tribunal Claim 

If this is done early on, you avoid the need for a tribunal claim and may achieve outcomes that an Employment Tribunal cannot order, such as an apology or the agreed wording of a reference.

Please read our detailed advice pages on the process for bringing a grievance at work, and the pros and cons of grievances.

Bringing a claim has many disadvantages for a claimant including:

1. paying fees (for example for expert reports, or for legal advice);
2. time — tribunal claims can take over a year to reach a final hearing date and this can be much longer for complex discrimination cases;
3. stress — litigating against an employer can be very stressful and upsetting, especially if you face accusations of dishonesty or exaggeration;
4. lack of certainty regarding outcome — it is impossible to reliably predict the outcome of a claim, no matter how strong it may appear to be;
5. costs, and
6. publicity.

Before pursuing a claim in the Employment Tribunal, it’s essential to ensure that you meet all the necessary requirements. Here’s what you need to consider:

a) Employment Status

Determine if you have the right employment status to bring the claim. Some claims, like unfair dismissal, can only be filed by employees, not workers. Employee shareholders have limited rights compared to employees but more than workers. Definitions of “employed” and “in employment” may vary for different types of claims, such as under TUPE (Transfer of Undertakings) or the Equality Act 2010. Special protections are in place for agency workers and zero-hours workers. See our page on employment status and our page on TUPE.

b) Length of Service

Check if you have the required length of service to bring your claim. For some claims, there’s a minimum period you need to have worked for your employer, and this period must be continuous. Ensure that your employment has been unbroken during the relevant time frame.

c) Jurisdiction

Confirm that your claim falls within the Tribunal’s jurisdiction. Not all claims are suitable for the Tribunal. For example, the Tribunal does not handle breach of contract claims over £25,000 or certain types of injunctive relief. Additionally, issues might arise if you or your employer is based outside England, Wales, or Scotland. Jurisdiction can be complex in cross-border cases, such as when working abroad or if there are cross-border employment relationships.

d) Excluded Claims

Verify that your right to bring the claim hasn’t been excluded. This might occur if you’ve already settled the issue through a settlement agreement or if you’ve previously filed a claim on the same matter.
Make sure to address these aspects carefully to ensure your claim is valid. If you’re unsure about any of these points, consider seeking legal advice to confirm your eligibility to proceed with your claim.

Determine the specific issue you’re addressing with your claim. Common claims include:

• Unfair dismissal: When you believe you were terminated from your job without a fair reason.
• Discrimination: If you were treated unfairly because of characteristics such as pregnancy, maternity, sex, race, gender, disability, or age.
• Wages and employment rights: Claims related to unpaid wages, holiday pay, or other statutory rights.

Each type of claim has different requirements and protections, so identifying the exact nature of your claim is essential.

It can be challenging to amend your claim once it has been filed. If you realise after filing that you want to add new details or change the basis of your claim, you may face additional hurdles. The Tribunal has specific rules about making changes. This can delay your case and complicate the process. Therefore, ensure your claim is accurate and complete before you file your claim to avoid potential issues later on.

Before bringing a claim, you need to think about the strengths and weaknesses of your case to help decide if it is worthwhile bringing a case at all. Consider the evidence you have and how it may affect the claim.

Research at an early stage what your claim might be worth and how you would prove it. It is crucial to have a conservative estimate of the potential compensation you could be awarded if you win, and also to consider the likelihood of your employer paying (or being able to pay) a Tribunal award. For example, if your employer is facing insolvency this could impact the claim’s viability. See our page on insolvency for more information on your options.

Please see our detailed advice page on how to work out what compensation you might be able to win if you are successful in a claim.

After researching what is involved, and hopefully receiving legal advice about the advantages and disadvantages of an Employment Tribunal claim, you may decide that pursuing a claim against your employer is not the best option for you. You might prefer to focus on finding a new job or seeking a settlement including an apology or agreed reference.

Mediation is voluntary, and usually involves a meeting between you, the employer and an independent (neutral) mediator. The mediator works with the parties to help them both agree a way forward. It can improve communication and help parties reach an agreed outcome, rather than entrenching positions, as often happens with a claim.

Mediation can mend the relationship between you and your employer, if possible. It is usually less formal than the Tribunal process, more flexible, and remains confidential. It can either lead to a non-binding outcome, or in some cases, a legally binding settlement where lawyers draft an agreement which both parties sign.

Please read our detailed advice page on negotiating a settlement.

The rule of thumb is that you need to bring your claim within three months minus a day of the act you are complaining about. If you miss this deadline, your claim is likely to be time barred, i.e. it will not be allowed to proceed. Time limits must be met even if you are attempting to resolve matters through internal resolution methods including a grievance, appeal or mediation. Complying with time limits protects your position, so it is best to speak to Acas early to understand the time limits and how Early Conciliation works.

If the time limit is missed, you will lose your right to bring a claim, and potentially your leverage on negotiating a settlement. For more information, read our page on time limits and Early Conciliation.

See notes above on the importance of contacting Acas in time so that you can start an Employment Tribunal claim.  

Costs are not normally awarded against the claimant in the Employment Tribunal, but they can be. You could also be ordered to pay a Deposit Order if the Tribunal believes your case has little prospect of success. For more information, read our pages about costs in the Employment Tribunal, and on Deposit Orders and other types of Orders that can be made in the Tribunal.

You may find it helpful to read our detailed advice page on How to Prepare for an Employment Tribunal Claim.

This helpful video has been produced to help unrepresented claimants learn more about how Employment Tribunals work. The information in the video is particularly helpful if you will have a “remote” hearing, that is a hearing by video link.