Facing Discrimination at Work? Claim Basics for UK Staff
Before you resign: the decisions that shape the claim
Most discrimination claims that fail do so because of what happened in the first fortnight, not at the hearing. If you are being treated less favourably because of a protected characteristic — age, disability, race, religion, sex, sexual orientation, gender reassignment, marriage or pregnancy — write down what happened while the detail is fresh. Dates, times, who was present, the exact words used. A tribunal will weigh contemporaneous notes far more heavily than a statement written six months later.
Think hard before resigning. Walking out and claiming constructive dismissal adds a second, harder claim on top of the discrimination complaint, and you must show a fundamental breach of contract plus a prompt resignation. Many people are better served by staying, raising a formal grievance and letting the employer's response become part of the evidence. An employer that mishandles a grievance often damages its own case more than anything you could say at a hearing.
Preventative employment lawyers — the ones employers instruct to audit policies before trouble starts — will tell you the same thing from the other side of the table. The paper trail decides most disputes.
Time limits, ACAS and the three-month clock
You normally have three months less one day from the act complained of to present a claim to an employment tribunal. For a dismissal, the clock starts on the effective date of termination. For a series of acts, you may be able to link them as a continuing course of conduct, but relying on that argument is risky and tribunals scrutinise it closely.
Before lodging a claim you must notify ACAS and go through early conciliation. This is free, pauses the clock for up to six weeks (extendable in some cases) and produces a certificate with a number you need for the ET1 form. Conciliation settles a decent share of claims without a hearing, but you are not obliged to accept a settlement. A discrimination claim has no cap on compensation for injury to feelings and lost earnings, which is why respondents often pay to make them go away.
What the tribunal actually awards
Injury to feelings awards follow the Vento bands, updated each April. For claims presented on or after 6 April 2025, the lower band runs to roughly £1,700, the middle band from about £1,700 to £58,000, and the most serious cases above that. Awards for loss of earnings sit on top, along with interest. Note that legal costs are generally not recoverable, so a win of £9,000 can still leave you out of pocket if you paid a solicitor by the hour.
Fees are no longer an issue — the Supreme Court's 2017 judgment in R (UNISON) v Lord Chancellor ended tribunal fees — but representation is not free. Expect a solicitor to quote somewhere between £2,500 and £8,000 for preparing and running a straightforward case, or a fixed fee of £1,200 to £2,000 for drafting the ET1 alone. Many people combine a paid advice session with representing themselves.
Finding advice that fits your circumstances and budget
Where to find legal advice depends largely on your income and the type of employer. A first port of call is Citizens Advice, which can explain the process and refer you on. Law centres in larger cities offer free representation, though waiting lists are long. If you are a union member, use your union's legal service — it is usually the strongest and cheapest route, and some unions will fund a barrister.
For cheap legal advice, look at the Bar Council's Direct Access scheme, which lets you instruct a barrister without a solicitor in the middle, and at fixed-fee initial consultations offered by high street firms. A one-hour paid consultation costing £150 to £250 is often enough to tell you whether the claim is worth pursuing. Mention the tribunal's refund of the ET1 fee is not relevant — there is no fee — but ask whether the firm offers a damages-based agreement, where the solicitor takes a percentage of any award.
Geography matters less than it used to. London firms around Blackheath, Ilkley practices in West Yorkshire and litigation solicitors in Kendal all handle employment matters remotely now, with hearings increasingly held by video. What you should check is whether the person advising you actually runs tribunal cases rather than merely advising on settlement. Ask directly how many claims they presented last year.
Evidence, witnesses and the realistic outcome
Direct evidence of discrimination is rare. Tribunals expect you to build a case from comparators — a colleague of a different sex or race who was treated better in similar circumstances — and from inferences. If an employer's explanation for a decision shifts between the grievance response and the witness statement, that inconsistency is powerful. Keep every email, meeting invite and rota; export work messages before you lose access to the system.
Witnesses are the weakest part of most claims. Colleagues still employed by the respondent may give statements that differ from what they told you in the kitchen. Approach them carefully and get their account in writing early. A tribunal can draw an adverse inference if a witness who could have supported you is conspicuously absent, but that is a fallback, not a strategy.
Finally, be honest about timing and stress. A contested discrimination claim from ACAS notification to judgment typically takes nine to fourteen months, longer if it goes to a full merits hearing. Remedies hearings follow separately. Most claims settle, and the ones that settle do so because both sides could see the evidence clearly. Get an objective view of your prospects before you file — from a solicitor, a barrister or a specialist adviser — and decide with that in front of you rather than with anger.