Taking a claim to an employment tribunal

An individual who has been unlawfully discriminated against has the right to take their case to an employment tribunal. Once a worker has established that there has been less favourable treatment, it is up to the employer to prove that there was no discrimination.

Anyone considering taking a claim should seek advice from their union. Discrimination law is complex, there are time limits to comply with and getting the details wrong can affect the outcome. The time limits are very tight — only three months from the discriminatory act — and extensions of time are rare. There is no maximum amount of compensation the tribunal can award but, according to Ministry of Justice figures, in 2010-11 the average award for age discrimination was £30,289.