It is always useful to make a list of the key dates and events, so that you are clear about these and can quickly refer to them.
Next, you need to think about what evidence you have that backs up your arguments.
Each case is different. What are the key facts and issues for you? What is your employer likely to challenge?
This could include:
1. Evidence of the problem
If you didn’t get paid as you should, that will be evidence of your payslips, hours worked, your contract, any relevant policies or procedures, letters or emails you sent or received about the problem etc.
If you experienced discrimination or harassment, that will be any evidence you have that the discrimination or harassment took place - a diary you kept, emails, text messages, details of any witnesses and what they said they saw.
You might also need evidence that the treatment you received wasn’t for a non-discriminatory reason, such as because you were not good at your job. Records of supervisions, evidence of your performance, and things like sales figures will help.
2. If it is a discrimination claim (which includes bullying or harassment):
you also need to keep evidence of how the discrimination made you feel, and any impact it had on your mental health as this will be important in assessing the amount of compensation you should get.
That might be text messages or emails you sent to family or friends, medical evidence that you went to see a doctor about it, or had to take medication, records of days you took off as a result of how you felt.
It is also important to record exactly which discriminatory words or phrases were used -so it is a good idea to send yourself an email or text (it is a useful way to make a record) of what was said and how it made you feel as close to the time that they were said as possible.
3. Evidence of the amount of money it cost you (what the law calls ‘your losses’).
For example, if you have lost your job you will need payslips from your old job that show how much you were earning, and also payslips from any new job or statements of benefits you received.
Keep a diary of any expenses you had to pay while looking for a job – bus fares to interviews, printing costs of job applications, etc. See How to value your employment tribunal claim for more information.
4. If you lost your job, evidence that you tried to reduce the amount of money it cost you.
For example, evidence that you tried to get another job – a record of jobs you applied for and/or recruitment agencies your registered with, or training you did.
This is to prevent your employer arguing that you did not do enough to find a new job.
Documents
You may find it helpful to think which of the following you may want to refer to:
- Initial employment contract and any variations
- Staff handbook
- Company policies, such as disciplinary and grievance procedures
- Payslips
- Meeting notes, such as anything related to a dismissal
- Emails, letters, text messages or other communications with colleagues or your manager that might be relevant.
- HR records, such as records of appraisals or supervisions
- Medical records, if relevant to your case
This guide covers the law and process in England and Wales.
The process is slightly different in both Scotland and Northern Ireland.
Find out more about the process in Scotland from Citizens Advice.
Find out more about the process in Northern Ireland on Industrial Tribunals and the Fair Employment Tribunal. (This information about Northern Irish process is very brief so read these guides for more help on how to decide if you really want to go to employment tribunal, how to value your claim, how to negotiate a settlement, and how to do a witness statement).
