Details of the claim

It is important to ensure early on that each category of claim is pleaded. In other words, claimants should list each type of complaint (e.g. direct race discrimination, victimisation and constructive unfair dismissal) as well as clearly setting out the details of what happened and when.

Frequently, individuals realise after the deadline for submitting claims has passed that they also have grounds for bringing another previously unpleaded type of claim (e.g. whistleblowing). Including new claims (as opposed to more detail) about what happened and when, is likely to be difficult if the time limit for lodging a complaint has passed.

When completing the “details of the claim” section of the ET1, it can be useful to anticipate the points that the employer may make. Where appropriate, undermining the employer’s defence at this stage can be beneficial. This will prevent the employer from stating that the position articulated by the claimant at the hearing, has been freshly thought out, or is new and does not reflect the individual’s views at the material time.

In terms of the length of the details of the claim, all the relevant incidents should ideally be referenced. Bear in mind that the information provided should be sufficient for the employer to understand the case against them. Also, accuracy in setting out your recollection of what happened is key as having to change your version of events later will damage your credibility.

Essentially, the key points are expressed in outline in the ET1, and in detail in the claimant’s witness statement. For ease of reference at the hearing, it is helpful (as with all documents which will be referred to in the tribunal) to number the paragraphs of the details of the claim section.

Finally, claimants are often tempted to make strongly worded statements about the honesty or integrity of their employer. Unless such comments can be proven, preferably with documentary evidence, it is often unhelpful to make such allegations. Accusing the other side of lying and so on without sufficient justification will be frowned upon and may result in sanctions such as an award of costs by the tribunal.