Workers of England Union · Member education

Build the facts before you build the claim.

A practical guide to identifying a potential Employment Tribunal claim, protecting the deadline and gathering the information needed to assess it properly.

A union member and adviser arranging a clear case chronology together — Turning events, documents and witnesses into a clear factual matrix.

Choose where to start

A long guide, organised around the job in hand.

Read the whole guide or focus on one stage. Every topic remains available on this page, and the links below take you directly to the relevant section.

Last reviewed: 7 October 2026

Stage 01

Assess and evidence

Identify the legal test and build a reliable factual matrix.

Stage 02

Protect the deadline

Check the time limit before pursuing internal procedures or negotiations.

Stage 03

Prepare remedy and hearing

Value the claim and understand how the Tribunal process is managed.

Stage 04

Test strength and risk

Understand common shortfalls, difficulty and the role of current law.

Focus the guide: temporarily show one stage, or keep every section visible.

Showing the complete guide.

Start with the legal test

Unfair treatment is not automatically an unlawful claim.

A Tribunal decides whether the facts satisfy a recognised legal cause of action. The starting point is to identify the right relied on, the facts needed to prove each part of the legal test and the remedy the Tribunal can award.

Jurisdiction and time

Can an Employment Tribunal hear this type of complaint, and is it still in time?

Go to time limits → 02

The legal ingredients

What must be proved for unfair dismissal, discrimination, detriment, unpaid wages or another claim?

Go to common claims → 03

Facts and evidence

Which documents, witnesses and admissions establish each required fact?

Go to evidence → 04

Causation and remedy

Why did the treatment occur, what loss followed and what outcome is realistically available?

Go to Vento bands and remedy →

Common Employment Tribunal claims

Match the complaint to the right legislation.

One set of facts can engage several legal rights, and some rights protect employees only while others also protect workers or job applicants. This overview is not exhaustive; it is a starting map for a structured case assessment.

Claim type	What the Tribunal may need to decide	Main legislation	Typical evidence
Ordinary unfair dismissal	Whether there was a potentially fair reason and whether dismissal was reasonable in all the circumstances, including the procedure followed.	Employment Rights Act 1996, Part X	Dismissal letter, investigation, hearing and appeal material, policies and comparator outcomes.
Automatic unfair dismissal	Whether the principal reason for dismissal was a specially protected reason, such as certain whistleblowing or trade union activities.	Employment Rights Act 1996, Part X and, where relevant, TULRCA 1992	Protected act or disclosure, decision chain, timing, stated reason and evidence of the real reason.
Discrimination, harassment and victimisation	Whether prohibited conduct occurred because of, or in connection with, a protected characteristic or protected act.	Equality Act 2010, Part 5	Exact words, treatment, comparators, employer knowledge, complaints, context and decision-maker evidence.
Equal pay	Whether the claimant performed equal work and, if so, whether any pay difference is explained by a lawful material factor.	Equality Act 2010, Part 5 Chapter 3	Job content, demands, evaluation evidence, pay records and comparator terms.
Reasonable adjustments and disability discrimination	Disability, employer knowledge, substantial disadvantage, possible adjustments and whether a proposed step was reasonable.	Equality Act 2010	Functional impact, medical and occupational health material, adjustment requests, cost and practicability evidence.
Unauthorised deductions and unpaid wages	What sum was properly payable, what was paid and whether the employer was legally entitled to make the deduction.	Employment Rights Act 1996, Part II	Contract, payslips, timesheets, commission or bonus rules, calculations and bank records.
Statutory redundancy payment	Whether there was a redundancy situation, whether the claimant qualifies and the correct statutory calculation.	Employment Rights Act 1996, Part XI	Start and termination dates, age, weekly pay, redundancy correspondence and payment records.
Whistleblowing detriment	Whether there was a qualifying protected disclosure and whether it materially influenced the detrimental treatment.	Employment Rights Act 1996, Part IVA and section 47B	The disclosure itself, reasonable belief, public-interest context, recipient, later treatment and decision-maker knowledge.
Trade union detriment or dismissal	Whether treatment or dismissal was connected to union membership, activities or the exercise of protected union rights.	Trade Union and Labour Relations (Consolidation) Act 1992, Part III	Union activity, employer knowledge, timing, communications and reasons given for the decision.
Holiday pay and working time	Entitlement to paid annual leave, rest or working-time protections and how the relevant pay should be calculated.	Working Time Regulations 1998	Leave requests, payroll, rotas, time records and the components of normal remuneration.
National minimum wage	Whether the individual is entitled to the minimum wage, the relevant working time and any underpayment.	National Minimum Wage Act 1998	Hours, pay reference periods, deductions, payslips, time records and the real working arrangement.
Breach of contract on termination	Whether a contractual obligation was broken and whether the claim falls within the Tribunal's limited contractual jurisdiction.	Employment Tribunals Extension of Jurisdiction Order 1994	Contract terms, termination documents, notice, benefits, loss calculation and proof of breach.
Collective consultation and TUPE	Whether the employer informed and consulted affected employees or representatives as required in a redundancy or business-transfer situation.	TULRCA 1992 and the TUPE Regulations 2006	Numbers affected, election of representatives, consultation material, timing, measures and transfer information.
Family leave and flexible working	Whether statutory requests and leave rights were handled lawfully and whether any detriment or dismissal followed their exercise.	Employment Rights Act 1996 and supporting regulations	Request, eligibility dates, employer response, meetings, reasons, appeal and treatment before and after the request.

Abbreviations: “TULRCA” means the Trade Union and Labour Relations (Consolidation) Act 1992; “TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006. The applicable statutory wording and commencement date must always be checked for the events in question.

The investigation framework

The 5Ws — plus witnesses.

Use these questions for every important incident. Do not rely on a general description such as “I was treated unfairly.” Record the event precisely enough that another person can understand what happened and locate the supporting evidence.

Who?

Identify the employer's correct legal name, every proposed respondent, the decision-maker, HR staff, managers, comparators and anyone involved in the decision.

What?

Record the act, omission, decision or exact words complained of. Separate what you personally observed from what someone else later told you.

When?

Give the date and, where useful, the time. Build the sequence before and after the event. Dates may determine both the legal claim and the deadline.

Where?

State whether it happened in a meeting, at a workplace, by telephone, on Teams or in writing. Record where the email, message, minutes or other source can be found.

Why?

Record the employer's stated reason and the facts supporting or contradicting it. Explain why you say the treatment connects to the legal right relied on; do not substitute assumption for evidence.

Witnesses

List people with first-hand knowledge. For each person, record exactly what they saw, heard or did, whether they made a contemporaneous note and how their account can be checked.

Build a working chronology

Use one row for each material event. Keep argument out of the event description and record legal relevance separately.

Date and time	What happened	People involved	Document or source	Why it may matter	Follow-up needed
Exact date if known	Neutral, factual description	Decision-maker and witnesses	Email, letter, message, policy or note	Possible claim element or response	Missing record, clarification or witness account

Gathering information

Create an evidence map, not an unsorted document dump.

Collect material that helps prove or test a disputed fact. A useful file shows where each document came from, when it was created and which issue it relates to.

Evidence principle
“It’s not what you know; it’s what you can prove.”

Two people organising an evidence chronology at a desk — Build the factual matrix: connect each disputed event to the document, witness or source that can prove it.

Employment records

Contract, job description and variations
Relevant policies and procedures
Rota, attendance, appraisal and training records
Dismissal, resignation or redundancy documents

Communications

Emails, letters and messages in full context
Invitations, agendas, minutes and outcome letters
Your notes made at or shortly after events
Requests, responses and any admissions

Health and disability

Fit notes and occupational health material
Evidence explaining functional effects
Adjustment requests and employer responses
Records showing what the employer knew and when

Pay and loss

Payslips, timesheets and bank evidence
Bonus, commission and holiday calculations
Job-search records and replacement earnings
A running schedule of loss with supporting documents

Protect the integrity of the evidence

Keep original files and preserve dates, sender details, attachments and message context.
Do not edit an original. Work from a copy and record any highlighting or annotation separately.
Obtain information lawfully. Do not access accounts or confidential material you are not entitled to use.
Ask your representative before making or relying on a covert recording.
Keep material that may harm your case as well as material that helps it; disclosure duties can cover both.
Store employment, medical and witness information securely and share it only through agreed channels.

Employment Tribunal time limits

The date of the problem now matters more than ever.

The statutory rules changed on 1 October 2026. The summary below reflects official ACAS and GOV.UK guidance checked on 7 October 2026. Exact calculation can be complex, so members should obtain an individual deadline calculation immediately.

Problem before 1 October 2026

Usually 3 months minus 1 day

Most claims based on an earlier act remain under the previous limit. Some claims, including statutory redundancy pay and equal pay, have a six-month-minus-one-day limit.

Do not assume the new law revived or extended an older deadline.

Problem on or after 1 October 2026

Usually 6 months minus 1 day

Most claims now use this longer limit. The start date depends on the claim: for example, dismissal usually runs from the effective termination date, while pay and discrimination claims depend on the relevant event or series.

For breach-of-contract claims in Scotland, the new limit applies where the relevant termination date is on or after 9 November 2026.

Seven-day exception: applications for interim relief in certain dismissal cases can carry a seven-day limit. Internal discussions, a grievance, a disciplinary procedure or an appeal do not extend the Tribunal deadline.

Official guidance: ACAS employment Tribunal time limits and GOV.UK: making a Tribunal claim.

Before the ET1

Understand what ACAS does — and what it does not do.

In most cases a prospective claimant must notify ACAS before presenting an Employment Tribunal claim. ACAS is impartial: it does not represent the member, decide whether the claim is valid or prepare the case.

Read the current ACAS early conciliation guidance.

Check the original deadline

Notify ACAS within the applicable Tribunal limit. Starting or completing an internal process does not protect time.

Name the correct parties

Use the employer's correct legal identity and identify every proposed respondent. A separate notification may be needed for each respondent.

Consider conciliation

Participation is voluntary. The conciliator speaks to the parties separately and explores whether a binding settlement can be agreed.

Keep the certificate safely

If the matter does not settle, ACAS issues a certificate containing the number normally required for the ET1.

Recalculate the filing date

Timely ACAS notification pauses the limitation clock until early conciliation ends. The adjusted date must be calculated from the certificate information; do not guess it.

Settlement strategy

A well-framed case can create the conditions for settlement.

When the legal claims, chronology, documents, witnesses and losses are presented as a coherent factual matrix, an employer can assess the risk, cost and management time involved. That may make settlement more attractive. It does not guarantee an offer, prove liability or mean the member should accept terms that do not meet their objectives.

Present the risk clearly

A persuasive settlement position identifies each claim and legal test, connects disputed facts to evidence, explains the remedy sought and deals candidly with weaknesses. Assertion without supporting material or a realistic valuation is easier to reject.

COT3 agreements through ACAS

If agreement is reached through ACAS conciliation, ACAS normally records the terms in a COT3. It is legally binding once the parties agree, even if it has not yet been signed, and the claims covered by it cannot continue. Check the parties, claims, payment amount and date, tax treatment, reference, confidentiality, withdrawal and enforcement terms before agreeing.

Understand the label before using it

Communication	What it usually means	Important limit
Open correspondence	Can normally be shown to the Tribunal and relied on when the merits or procedure are considered. Use it for factual positions, compliance and matters the judge may need to see.	Do not place necessary case-management correspondence only inside a without-prejudice message.
Without prejudice	Where there is an existing dispute and a genuine attempt to settle it, the communication is usually protected from use as evidence on the merits.	The heading is not magic. The legal conditions must exist, and protection may be lost in exceptional cases such as unambiguous impropriety.
Without prejudice save as to costs	The settlement communication remains protected while liability and remedy are decided, but it may later be shown to the Tribunal when a costs application is considered.	Employment Tribunal costs are not automatic. Rejecting an offer does not itself guarantee a costs order; the Tribunal applies the costs rules, including the tests in rule 74.

Keep the channels clear: where appropriate, send open case correspondence separately from settlement communications. A label cannot create legal protection by itself, and agreed wording can finally dispose of claims. Members should obtain advice before making or accepting an offer.

Official guidance: ACAS on without-prejudice and protected discussions, ACAS on COT3 agreements and Employment Tribunal Procedure Rule 74 on costs.

Injury to feelings

How the Vento bands guide an award.

Where the law permits compensation for injury to feelings—most commonly in a successful Equality Act claim and in certain unlawful detriment claims—the Tribunal assesses the hurt, humiliation, distress and loss of dignity caused by the unlawful treatment. The bands are a framework, not a tariff or automatic calculation, and they do not apply to every successful Employment Tribunal claim.

Lower band · Less serious cases£1,300–£12,600

Usually used where the proven injury is more limited in intensity or duration. A one-off act is not automatically placed here: a single event can have a serious effect.

Evidence focus: what was felt, for how long, and how daily life, confidence or dignity changed.

Middle band · Serious cases£12,600–£37,700

For cases too serious for the lower band but not reaching the upper band. Repeated acts, a longer period or a substantial personal impact may point here, depending on the evidence.

Evidence focus: the course of treatment, continuing effects, vulnerability and corroborating records or witnesses.

Upper band · Most serious cases£37,700–£62,900

Reserved for the most serious injury to feelings, such as sustained or especially grave unlawful treatment producing severe or prolonged consequences.

Evidence focus: the depth, duration and consequences of the injury, proved with clear and proportionate detail.

Most exceptional cases: an award can exceed £62,900. These figures apply to claims presented on or after 6 April 2026; earlier claims use the addendum in force when the claim was presented.

How the Tribunal arrives at the figure

Step 01

Identify the unlawful acts

Only injury caused by acts for which liability is established is valued. Serious allegations that are not proved do not increase the award.

Step 02

Assess the actual effect

The focus is the impact on this claimant—not merely how offensive the conduct appears. Duration, frequency, context and any particular vulnerability can matter.

Step 03

Choose the band and position

The Tribunal considers the overall injury, selects the appropriate band and places the award within it. It does not simply multiply a band by the number of incidents.

Step 04

Check the whole remedy

Financial loss, interest and any other available remedies are considered separately, while avoiding overlap or double recovery for the same harm.

Proving the impact: a clear witness statement can be important evidence. Contemporaneous messages, a diary, changes noticed by family or colleagues, absence records, GP or counselling notes and evidence of effects on sleep, confidence, relationships or work may support it. Medical evidence is especially important if a separate psychiatric injury is claimed.

Keep categories separate: injury to feelings is distinct from diagnosed psychiatric or other personal injury and from lost earnings. Different heads of loss may be available, but the same consequence must not be compensated twice. The award is compensatory, not a punishment or a guaranteed settlement value.

Current official source: Ninth Addendum to the Presidential Guidance, 30 March 2026. See also the Judiciary's complete Vento guidance and earlier annual addenda.

Compensation and remedy

Prepare the Schedule of Loss as evidence develops.

A Schedule of Loss is the claimant's dated, transparent working calculation of the remedy sought if the claim succeeds. It is not a guaranteed award or a settlement wish list. It should identify the legal basis for each sum, show the arithmetic and assumptions, point to supporting evidence and be updated whenever the facts change.

The working rule

Every figure should answer three questions: what is being claimed, how was it calculated, and what proves it?

Possible heading	What the schedule should show	Useful supporting material
Statutory or contractual sums	Separate notice pay, holiday pay, wages, a basic award, redundancy payment or loss of statutory rights where the successful claim legally permits it. State the applicable rate, cap, service date and any overlap.	Contract, handbook, payslips, P45/P60, holiday record, termination letter and current statutory limits.
Past earnings and benefits	Calculate the loss period by period rather than using one unexplained total. Show normal pay, overtime or commission where supportable, employer pension contributions and other contractual benefits, with gross and net treatment made clear.	Payslips, bank records, tax documents, bonus history, benefits information and pension statements.
Future loss	Explain the proposed end date or alternative scenarios and why the loss is likely to continue. Distinguish evidence from assumption and update the period if work is found or circumstances change.	Job-search record, labour-market information, medical evidence where relevant, new-employment terms and witness evidence.
Injury and non-financial loss	Where the cause of action allows it, identify the proposed Vento band and connect the figure to the proven effect. Keep injury to feelings distinct from any separately claimed psychiatric or other personal injury.	Witness statement, contemporaneous messages or diary, GP or counselling records and evidence from people who observed the impact.
Adjustments and additional sums	Identify any legally available interest, ACAS Code adjustment, pension loss, aggravated damages, grossing-up or other remedy. State the legal and factual basis and avoid counting the same consequence twice.	Relevant legislation or guidance, pension material, tax assumptions, calculations and documents proving the underlying conduct or loss.
Mitigation and credits	Record applications, interviews, offers, new earnings, benefits and other receipts. Do not hide or deduct figures blindly: show them so their correct legal treatment can be determined.	Dated job-search log, applications, rejection emails, offer letters, new payslips and benefit decisions.

A disciplined preparation method

Step 01

Start with the claims

List each live cause of action and the remedies that the Tribunal may award for it. Remove heads of loss that do not legally follow from the pleaded claim.

Step 02

Fix the valuation date

Date the schedule, state the loss period and identify assumptions. Use clear versions so everyone knows which calculation is current.

Step 03

Build line by line

Show dates, units, rates, subtotals and formulas. Cross-reference the document that supports each material figure.

Step 04

Prove mitigation

Keep a live record of job searches and reasonable steps taken to reduce loss, including applications, interviews and outcomes.

Step 05

Check overlap and limits

Separate gross from net, apply the correct date-specific caps and rates, and check that no loss is claimed twice under different labels.

Step 06

Update and serve

Revise the schedule after new earnings, benefits, medical evidence or other developments, then send it exactly when and how the CMO requires.

Common shortfalls: unsupported round figures, mixing gross and net pay, omitting pension or benefits, failing to evidence job searches, relying on an outdated Vento band, overlooking statutory caps, double counting and leaving the schedule unchanged after obtaining new work. The actual CMO governs the filing date and recipient.

Official guidance: HMCTS guidance on compensation, evidence and mitigation, GOV.UK on Tribunal remedies and the Judiciary's current remedy, Vento and pension-loss guidance.

From concern to hearing

The usual claim journey.

Every case is different, but these stages show why early organisation matters. Tribunal directions and deadlines must be read from the actual orders made in the individual case.

Stage 01

Initial assessment

Identify the possible legal claims, respondents, dates, evidence gaps and desired outcome.

Stage 02

Internal action

Raise the issue, grievance or appeal where appropriate without allowing limitation to expire.

Stage 03

ACAS notification

Protect the limitation position and consider early conciliation and settlement options.

Stage 04

ET1 claim

State sufficient facts for the Tribunal and respondent to understand each complaint and its legal basis.

Stage 05

Issues and directions

Define what the Tribunal must decide and comply with case-management orders and hearing preparation dates.

Stage 06

Disclosure

Identify and exchange relevant documents, including material that may not support your own case.

Stage 07

Witness statements

Present first-hand evidence in a clear chronology and link disputed facts to the documents.

Stage 08

Hearing and remedy

Prove the required facts, address the respondent's case and establish any loss or other remedy sought.

Understanding the Tribunal process

From PH to FH: what happens and why CMOs matter.

The hearing notice defines what the Tribunal intends to deal with. A Preliminary Hearing can be limited to case management, or it can decide an issue that narrows or ends all or part of the claim. Case Management Orders then set the binding route to the Final Hearing.

PH · Preliminary Hearing

Define, manage—or decide—a preliminary issue.

At a case-management PH, an Employment Judge will usually clarify the claims and responses, identify the issues, consider the evidence and witnesses required, estimate hearing time and make directions for preparing the case.

What may also be decided

Whether a complaint is in time or within the Tribunal's jurisdiction
Employment or worker status, disability or another identified preliminary issue
An amendment, strike-out application or deposit order
How and when the Final Hearing will take place

Prepare

Read the notice and any agenda carefully. Bring a concise chronology, draft list of issues, key documents, proposed directions, witness information, dates of availability and any reasonable-adjustment request. If evidence will be heard, prepare as seriously as for a determinative hearing.

CMO · Case Management Order

The binding roadmap for preparing the case.

A CMO records who must do what and by when. It may require further information about the claim, a schedule of loss, disclosure, an agreed hearing bundle, medical or other evidence, witness statements and steps connected with the listing of the Final Hearing.

Work from the actual order

Record every task, responsible party, due date and paragraph number
Send documents to the Tribunal and other party exactly as directed
Keep proof of sending and record what has been received
Do not treat a proposed timetable as an order unless the Tribunal adopts it

If a deadline cannot be met

Raise the problem early, discuss it with the other party where appropriate and make a reasoned application to vary the order, copying the other party. The existing order remains effective unless and until the Tribunal varies it. Non-compliance can lead to sanctions, including an unless order, costs consequences or strike-out in an appropriate case.

FH · Final Hearing

The Tribunal determines the outstanding claim.

The FH is normally public. The Tribunal hears the evidence and legal submissions needed to decide liability and, where listed, remedy or costs. Different Final Hearings may be arranged for different issues.

What usually happens

Witnesses swear or affirm, give evidence and answer questions
The parties and Tribunal work through the agreed hearing bundle
Each side can challenge the other side's evidence and make closing submissions
The decision may be given orally or reserved and sent later in writing

Prepare

Know the list of issues and where the supporting documents appear in the bundle. Check that witness statements, chronology, schedule of loss and authorities comply with the CMOs. Follow the hearing notice for arrival or joining time, format, equipment and documents.

Do not assume that “preliminary” means informal or administrative. If the notice identifies a preliminary issue, strike-out or deposit question, the PH may involve evidence and a binding judgment or order. Likewise, an agreed extension or draft timetable does not replace a CMO unless the order itself permits that variation or the Tribunal approves it.

Before any Tribunal hearing, check six things

1 · ScopeWhat exactly does the notice say the hearing will decide?
2 · FormatIs it in person, by video or telephone, and what is the arrival or joining time?
3 · ComplianceHave every relevant CMO and deadline been checked against proof of service?
4 · EvidenceWhich witnesses and documents are permitted and needed for the listed issues?
5 · ParticipationAre representation, interpretation or reasonable adjustments confirmed?
6 · PracticalitiesAre the correct links, telephone numbers, bundle access and contact details ready?

Official sources: Employment Tribunal Procedure Rules 2024 (including rules 30–31, 38–40, 52–60 and 74), Judiciary practice directions and Presidential Guidance and GOV.UK guidance on attending a hearing.

How claims are won or lost

There is no shortcut to a winning claim.

A stronger case aligns reliable evidence with every part of the correct legal test. A dramatic allegation, large document bundle or favourable case citation cannot replace missing facts.

What usually strengthens a case

A claim brought within the correct time limit
A stable, detailed chronology written early
Contemporaneous documents and independent corroboration
A clear link between the treatment and the protected right relied on
Evidence addressing the employer's stated reason
Credible witnesses speaking to matters they directly know
A realistic, evidenced calculation of financial loss
Prompt compliance with Tribunal orders and disclosure duties

What commonly weakens a case

Waiting for a grievance or appeal before checking limitation
Changing dates or adding important facts late without explanation
Speculation about motive presented as fact
Cropped screenshots, missing message context or altered originals
An unsorted document dump with no link to the issues
Ignoring documents or witnesses that do not support the account
Quoting case law without matching its legal test and material facts
Missing case-management deadlines or failing to update contact details

Shortfalls to avoid

Why an otherwise arguable claim can fail.

A genuine workplace wrong does not automatically satisfy a legal claim. The Tribunal must decide the pleaded issues by applying the relevant law to admissible evidence. A claim may fail because a required legal element is missing, the evidence does not establish the alleged reason, or a procedural problem prevents the merits being reached.

Failure point 01

The claim is late, against the wrong party or in the wrong forum

Shortfall: Waiting for a grievance, misidentifying the legal employer, overlooking employment status or assuming the Tribunal has jurisdiction.

Avoid it: Calculate limitation from the earliest potentially actionable event, notify ACAS in time, verify the respondent's legal identity and check status and jurisdiction before filing.

Failure point 02

The facts do not match every part of the legal test

Shortfall: Describing conduct as “unfair”, “bullying” or “discrimination” without identifying a recognised claim and the facts needed to prove each element.

Avoid it: Create an elements table: legal requirement, supporting fact, document or witness, respondent's likely answer and any gap that still needs evidence.

Failure point 03

The ET1 does not contain a clear factual matrix

Shortfall: A long narrative, labels or conclusions obscure who did what, when, where and why the act is said to be unlawful.

Avoid it: Plead the material events in date order, identify the people involved, connect each event to the legal complaint and include enough facts for the respondent and Tribunal to understand the case.

Failure point 04

The evidence shows timing, but not the reason

Shortfall: Assuming that because treatment followed a complaint, disclosure or protected act, it must have happened because of it. Suspicion alone may leave a causation gap.

Avoid it: Trace who knew what and when, who made the decision, the explanation given, any changing reasons, relevant comparators and the documents or witnesses that support the proposed connection.

Failure point 05

Key evidence is missing, second-hand or taken out of context

Shortfall: Relying on memory, rumour, cropped screenshots or witnesses who did not directly see or hear the disputed event.

Avoid it: Preserve original files and full message threads, make a contemporaneous chronology, identify first-hand witnesses and explain exactly which issue each item proves.

Failure point 06

Credibility is damaged by avoidable inconsistency

Shortfall: Dates or accounts change without explanation, relevant adverse material is ignored, or a statement overstates what the witness actually knows.

Avoid it: Check the account against contemporaneous documents, distinguish fact from inference, correct genuine mistakes promptly and deal candidly with material that points the other way.

Failure point 07

Loss and remedy are asserted rather than proved

Shortfall: Liability may be established but the compensation claimed is unsupported, causally remote or reduced because reasonable steps to limit loss are not evidenced.

Avoid it: Maintain an updated schedule of loss with payslips, benefits and pension information, medical material where relevant, and a dated record of applications and other mitigation steps.

Failure point 08

Orders are missed or weak allegations overwhelm the real case

Shortfall: Missing disclosure, witness-statement or hearing deadlines, failing to pursue the claim, or retaining allegations with no reasonable prospect of success. Rules 38 and 39 permit strike-out or dismissal for specified procedural failures.

Avoid it: Work from the actual Tribunal orders, keep a deadline and responsibility schedule, apply promptly if a variation is genuinely needed and focus the case on claims that can properly be supported.

The core principle

It’s not what you know; it’s what you can prove — and whether what you can prove satisfies the legal test.

Official guidance: ACAS on strict Tribunal time limits, GOV.UK on making a claim and Employment Tribunal Procedure Rules 38 and 39.

Relative difficulty

Which claims may be easier or harder to prove?

No category wins automatically. The same type of claim can be very strong or very weak depending on the dates, legal status, documents, witnesses and explanation given by the employer. These patterns explain where proof is often more direct and where several contested steps must be established.

Often more straightforward when records are complete

Unpaid wages or an unauthorised deduction

The dispute may reduce to a contractual entitlement, an identifiable due date and arithmetic shown by payslips, timesheets and bank records. It becomes harder where the term is discretionary or the working time is disputed.

Often more straightforward when status and figures are agreed

Statutory redundancy payment

Start date, age, weekly pay, termination date and the redundancy situation may provide a defined calculation. Disputes over employment status, continuity or whether redundancy was the real situation add difficulty.

Potentially strong with direct contemporaneous evidence

A documented protected act followed by an explicit adverse response

An email, message or admission linking the treatment to a complaint, disclosure or union activity can make causation clearer. Timing alone can support an inference but rarely answers every issue by itself.

Potentially strong where a fixed duty is clearly missed

Failure to inform or consult

Minutes, election records and dated communications may show whether a statutory consultation step occurred. The correct duty, affected group and remedy must still be established.

Frequently difficult

Constructive unfair dismissal

The claimant usually needs to establish a fundamental breach, resignation in response to that breach and no conduct amounting to affirmation. Delay, mixed reasons for leaving or an unresolved internal process can create difficult factual and legal issues.

Frequently difficult

Direct discrimination or victimisation without an admission

The true reason for treatment may be disputed and proved through inferences rather than direct evidence. Comparators, inconsistent explanations, decision-maker knowledge and the full surrounding context become critical.

Frequently difficult

Whistleblowing causation

The disclosure must satisfy the statutory test and the claimant must connect it to the detriment or dismissal. Disputes commonly arise about what was disclosed, reasonable belief, public interest and who knew about it.

Frequently difficult

Reasonable-adjustment claims

Several elements can be contested: disability, employer knowledge, the relevant provision or practice, substantial disadvantage, the proposed step and whether it was reasonable in the actual workplace.

Frequently difficult

Indirect discrimination

The claimant must identify the relevant provision, criterion or practice, group disadvantage and personal disadvantage before the employer's objective justification is assessed. Choosing the wrong pool or formulating the rule too narrowly can be decisive.

Frequently difficult

Claims relying on a continuing act or an extension of time

Individual incidents may be out of time unless they form part of a legally continuing state of affairs or the Tribunal permits an extension under the applicable test. It is unsafe to rely on discretion instead of filing promptly.

The practical lesson: do not choose a claim because it sounds serious or resembles a reported case. Identify every legal element, place the available evidence beside it and record honestly what is missing or disputed.

Learning from decided cases

Successful claims and appeals show why the facts matter.

These decisions illustrate legal principles; they are not templates or outcome promises. A difference in the facts, claim wording, evidence or applicable law can produce a different result.

[2021] UKSC 5

Uber BV v Aslam

Outcome: Uber's appeal was unanimously dismissed and the drivers were held to be workers for the statutory rights in issue.

Lesson: The practical reality and degree of control can matter more than contractual labels when statutory employment status is assessed.

Read the Supreme Court case

[2019] UKSC 55

Royal Mail Group v Jhuti

Outcome: The employee's Supreme Court appeal was unanimously allowed in an automatic unfair dismissal claim concerning whistleblowing.

Lesson: Where a manager hides the true reason for dismissal behind an invented reason adopted by the decision-maker, the Tribunal may need to identify the hidden reason.

Read the Supreme Court case

UKEAT/0220/19

Dobson v North Cumbria NHS

Outcome: The claimant's 2021 appeal was allowed after errors in the comparison pool and treatment of group disadvantage in an indirect sex discrimination case.

Lesson: A neutral working requirement can disadvantage a protected group, and the correct comparison and justification analysis are essential.

Read the Employment Appeal Tribunal case

Current legal framework

Use the legislation in force for the relevant date.

Employment rights are spread across several Acts and regulations. Always check amendments, commencement dates and the territory in which the right applies.

Official source: Browse and search UK legislation on Legislation.gov.uk.

Employment Rights Act 1996

Includes core rights concerning dismissal, wages, protected disclosures and many forms of detriment.

View current legislation

Equality Act 2010

Covers protected characteristics, prohibited conduct, reasonable adjustments and employment discrimination.

View current legislation

Trade Union and Labour Relations (Consolidation) Act 1992

Contains important provisions on trade union rights, collective matters and ACAS conciliation.

View current legislation

Working Time Regulations 1998

Addresses working time, rest, annual leave and holiday entitlement.

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National Minimum Wage Act 1998

Provides the statutory framework for minimum-wage entitlement and enforcement.

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Employment Tribunals Act 1996

Provides the institutional and statutory framework for Employment Tribunals and their procedure.

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Employment Rights Act 2025

Introduces major reforms in stages during 2026 and 2027. Not every provision is necessarily in force at the same time.

View the Act and commencement information

Employment Tribunal Procedure Rules 2024

Sets out the procedural rules, including the overriding objective and Tribunal case-management powers.

View the current Rules

Legal update and disclaimer: This page was checked against official sources on 7 October 2026. It provides general member education, not advice on the facts of an individual case, and viewing it does not create a representative relationship or guarantee an outcome. Employment law can change, transitional provisions may apply, actual Tribunal orders govern each case and Northern Ireland uses a different Tribunal system.

For Workers of England Union members

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Existing members · Email Daledale.fletcher@workersofengland.co.ukEmployment Law Advisor & Trade Union Official
Workers of England Union

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