Employment Compensation Claims

The criteria needed to qualify for an employment claim

To qualify for an employment claim, the claimant must meet certain criteria. For instance, in the case of wrongful termination, the employee must prove that they were terminated unlawfully. This may include being terminated due to discrimination, retaliation or breach of contract. Similarly, in cases of discrimination or harassment, the employee must provide evidence that they were treated unfairly on the basis of their race, gender, sexual orientation, religion or another protected characteristic.

In addition, the claimant must also ensure that they have followed the correct procedures before filing a claim. For example, they may be required to file an informal complaint with their employer before proceeding to an employment tribunal.

The legal argument

When filing an employment claim, the claimant must provide a legal argument to support their case. This argument should be based on relevant employment laws and regulations, as well as any contractual agreements between the employer and the employee.

Before you can file a claim in the UK, you must also tell the Advisory, Conciliation and Arbitration Service (ACAS). ACAS works with millions of employees and employers each year to improve workplace relationships.

The evidence needed to support the claim

To win an employment claim, the claimant must provide evidence to support their case. This may include documentation such as emails, contracts and performance evaluations, as well as witness statements and testimony.

In cases of wrongful termination, the claimant may need to provide evidence that they were dismissed unfairly, such as not being given the notice period or notice pay they were entitled to. This may include their original contract, an official termination letter or messages and emails from their employer.

In cases of discrimination or harassment, the claimant will need to provide evidence of discriminatory or harassing behaviour. If this is verbal, it may be harder to prove, but witness statements from colleagues can help. And written evidence like emails or messages is valuable too.

A guide to compensation amounts

Compensation amounts for employment claims can vary widely depending on the nature of the claim and the damages suffered by the claimant, but you won’t be awarded more than a year’s gross pay.

In cases of unfair dismissal, the claimant will be entitled to a ‘basic award’ and a ‘compensatory award’, but they won’t be able to claim compensation for the upset or stress they’ve experienced unless they are also claiming discrimination.

It’s also worth bearing in mind that the tribunal won’t award compensation for the time or costs involved in making a claim unless they decide the employer has behaved unreasonably in the tribunal.

The claim process

As mentioned above, the claims process for employment claims in the UK can vary depending on the specific type of claim being made, but here is a general overview of the process:

Attempt to resolve the issue informally

Before making a formal claim, it’s often best to try to resolve the issue informally by speaking with your employer or HR department. This can be done through informal discussions, mediation or grievance procedures.

Start the ACAS Early Conciliation process

If you are unable to resolve the issue informally, you must contact ACAS to start the early conciliation process . This involves completing an early conciliation form and providing details about the dispute.

Lodge a claim with the Employment Tribunal

If the early conciliation process is unsuccessful, you can then lodge a claim with the Employment Tribunal. The specific process for doing so will depend on the type of claim being made. For example, for an unfair dismissal claim, you will need to complete an ET1 form.

Common questions

How long do I have to file a claim?

The deadline for filing a claim varies depending on the type of claim you’re making. However, in most cases, you’ll have three months (minus one day) from when the event happened to begin early conciliation. You’ll then have at least one month to make a claim to the employment tribunal. If you’re claiming equal pay or redundancy pay, you’ll have six months (minus one day) to start early conciliation.