Tips for employees on employment tribunal claims

Evidence

Kept an accurate record of all emails, conversations and minutes of meetings. Produce a time diary of events with as much detail as possible.

Mitigation

If you leave your employment you are under a duty to mitigate your losses. Keep a record of all efforts made to seek new employment including, job applications and interviews.

Witnesses

A case will ultimately turn on the evidence presented to the Tribunal. If witnesses can be obtained to support any part of your case then you should speak to them at an early stage.

Clarity

Be as clear and concise as possible in relation to events. An employment tribunal will make a decision based on the evidence presented to them. Avoid waffle and unnecessary information. The key is to show that you have a clear recollection of events and that your case is supported by the evidence.

Time Limits

Generally speaking, you have 3 months from the date of the incident or in the case of dismissal 3 months from the dismissal to lodge a claim with the employment tribunal. Failure to do so may leave you without recourse.

Diligence

Your representative will require as much information from you as possible throughout the claim. They are reliant on your input in relation to the facts. You must be as thorough as possible and provide detailed comments in relation to all of the evidence provided by the other side.

Advice

Seek advice at an early stage. The ET1 form that you will submit for your claim will set the basis of your claim. It needs to include all heads of claim and potential actions. It is important that you have a firm grip on the issues involved from the outset as this will ultimately determine the manner in which your case runs and outcome.

Costs

Consider at an early stage how you will fund your case to a hearing. It is likely that you will need legal representation from the outset and a barrister to represent you at the hearing. That will not be cheap. You should check if you have any valid insurance policies covering legal expenses, such as home insurance. Failing which you should consider alternative means to fund your case and ensure that funds are available up until the hearing. It is unlikely that you will obtain legal aid for an employment case.