First steps — preparing for a claim





From the earliest stages of a dispute, union members should:



• make contact with their union rep to discuss the claim; 



• keep a written log, including dates, times and a careful note of any important discussions or comments, word for word if possible;





• think about possible witnesses and how best to contact them. Work colleagues must not feel pressurised to give evidence. Otherwise, the member risks further disciplinary action. In any event, a reluctant witness is unlikely to help the case. Sometimes a colleague may agree to sign a written statement, especially if they have left the employer, but in most claims, the claimant’s is the only witness statement in support of their claim; 





• collect up relevant documentary evidence such as copies of contracts, letters, emails and texts;





• remember that if sickness or disability is an issue, the member’s medical record will need to be disclosed (see page 208);





• collect up and file all payslips and other documents that help prove the claim’s value; and



• where the member has been dismissed, collect an ongoing paper trail of continuing efforts to find another job, such as copies of adverts, job applications, invitations to interview and rejections (see Chapter 10: Mitigating losses, page 373).

The Employment Tribunal Service provides several online guides explaining different stages of the process, designed to support unrepresented claimants. Tribunal judges will expect litigants to have read these carefully as they contain important information.

https://www.gov.uk/courts-tribunals/employment-tribunal