Gathering evidence for your complaint

Multipage Guide

Who is this page for?

  • Employees

Which countries is it relevant to?

    • England

      England

    • |
    • Scotland

      Scotland

    • |
    • Wales

      Wales

If you think you may have experienced unlawful discrimination, harassment or victimisation it is good practice to seek relevant information from your employer before issuing a formal claim. This can help you to decide if you have a valid claim or not.

Claims about events which happened on or after 6 April 2014

For claims about events which took place on or after 6 April 2014 it is good practice for a worker who thinks that they may have experienced unlawful discrimination, harassment or victimisation under equality law to seek relevant information from their employer before issuing a formal claim. 

ACAS has produced non-statutory guidance for employers and workers asking and answering questions after 6 April 2014. It is available at ACAS.

That guidance makes it clear that your employer should treat any such questions seriously and promptly and not ignore them. Any such questions and answers can form part of the evidence in a case brought under the Equality Act 2010.

Whether the claim is about events that happened before 6 April 2014 or on or after that date, your employer must not treat you badly because you have sent them questions about your claim. If they do, it will almost certainly be unlawful victimisation under the Equality Act 2010. You can make a claim to the Employment Tribunal about that. 

Last updated: 13 Apr 2016

Further Information

If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service

Freephone 0808 800 0082

Textphone 0808 800 0084

Or write to them at

FREEPOST
EASS HELPLINE
FPN6521

Alternatively, you can visit our advice and guidance page.