How to bring a discrimination claim
Have you been discriminated against by your employer? If yes, you may be able to make a claim against them and win compensation.
Here are the initial steps to follow:
- Keep written details about what happened, including background information, dates and people involved
- Go through the company’s grievance procedure. You should find the process explained in your Staff Handbook
- Contact Acas (or the LRA in Northern Ireland) to tell them you plan to claim against your employer. They will take you through the early conciliation process. If that doesn’t work out, you’ll get a certificate which you’ll need for the Tribunal
If you do make a claim to the Employment Tribunal, it has to be within three months from the date of the incident. That’s why you should talk to us early on. As employment lawyers who only act on behalf of employees, we’ll advise and hold your hand every step of the way.
If the claim goes ahead, your employer will have to reply to your claim form within 28 days. There may be a preliminary hearing in person, or by phone or video call. At this, the Tribunal will decide whether or not to hold a full hearing, and agree the date and time.
In advance of the Tribunal
You (and your employer) may need to collect documents, such as:
- Your contract of employment
- Your pay slips
- Details of your pension scheme
- Notes from relevant meetings
You may also need to arrange witnesses, and prepare information including:
- Name and address of the witness
- What the witness may say and how it will help you
- If the witness has refused to attend, the reason why not
At the Tribunal
The Tribunal may be held in person (at the venue nearest to your workplace), or by phone or video call. Be sure to have all your documents with you. Wherever it’s held, you can also have someone with you as support (we can do that if you want).
Unless it’s an unfair dismissal case, you will normally be questioned first, by the judge, your employer (or their lawyer), and possibly other Tribunal members. We’ll answer for you if required. Your witnesses may also be called to give evidence.
You might get a decision on the day, or a few weeks later.
If you win
You might get improved working conditions, or your job back (if you lost it). You could receive compensation, plus a refund of expenses you’ve incurred for your witnesses.
The compensation you’ll receive depends on:
- Your age, length of service and salary
- The type of case
- How much money you’ve lost because of your employer’s actions
Your employer will have 42 days to launch an appeal against the decision.
If you lose
You’ll have 14 days to write to the Tribunal asking them to reconsider. This might be possible if:
- You can provide new evidence
- You weren’t told about the hearing, or you weren’t there for another reason
- The Tribunal made a mistake in the way it reached its decision
Related reading
- Can I bring a discrimination claim?
- The £2.5m discrimination claim
- How much can I claim for discrimination?
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