Taking a case 

On this page

• First steps
  
• Employment tribunals
  
• Help and advice
  

First steps

Often, it’s possible to resolve the issue without taking legal action. For example, you may be able to talk it over with your manager, employer or personnel department (although you should take notes in case you need a record of what’s happened later on).

If you can’t resolve the matter informally, the next step is to go through your company’s grievance procedure. Every employer has to have a procedure to deal with complaints and you should ask for a copy.

There are three stages to the basic grievance procedure:

• put the grievance in writing: you need to explain what the problem is
• arrange a meeting with your employer: you can bring a colleague or union representative to the meeting with you; and your employer has to let you know what they intend to do about the problem
• arrange an appeal: if you’re not satisfied with your employer’s response, you can appeal and another meeting will be arranged.

If the grievance procedure doesn’t work, you can try a mediation service such as Acas. Find out more about mediation, arbitration and conciliation.

The Directgov website provides advice on resolving disputes.

Employment tribunals

The process of taking a discrimination case to an employment tribunal can be stressful and costly, and they are difficult to win, so they should be considered as a last resort.

However, if you succeed, you may be eligible for compensation for financial loss, injury to feelings or injury to health. Find out more about the possible outcomes of an employment tribunal.

There are strict time limits on taking a case to a tribunal.  Generally, complaints needs to be lodged with a tribunal within three months of when the act of discrimination occurred (or within six months of the end of your employment, subject to certain considerations, if your claim is for equal pay).  However, in many cases, you will firstly need to send a written grievance to your employer within this normal time limit, and by doing so you may extend the time limit for presenting your claim to the tribunal by three months. 

You can get more information from the employment tribunals website, including whether they can deal with your complaint and how tribunals work. Telephone enquiry line: 08457 959 775.

Help and advice

Although you can represent yourself at a tribunal, it’s advisable to take legal advice from someone experienced in dealing with discrimination cases. There are a number of organisations you can approach, such as:

• Trade union. If you’re a member of a trade union, tell your representative; if you’re not, it may be possible to join at this stage (although that is at the discretion of the union). You can get advice from the TUC  know your rights line: 0870 600 4882.
• Staff association: If there’s a staff association where you work, contact it for support and advice.

There is no charge for making a claim at a tribunal, but you can’t get legal aid to pay a representative, such as a solicitor. However, you may be able to get some free legal help at the beginning of the process, although this is means tested and won’t include help with paying a representative.

To find your nearest legal advice service, try the Community Legal Service.

Get independent legal advice from your local law centre.

Some volunteer organisations may offer free legal help, such as:

• The Bar Pro Bono Unit
• The Free Representation Unit
• The Mary Ward Centre (for people who work or live in Greater London).