First steps — preparing for a claim




From the earliest stages of a dispute, 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 that might be important, word for word if possible;




• think about possible witnesses and how best to contact them. Work colleagues cannot be compelled to give evidence and must not feel pressurised to do so. 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 at the outset, especially if they no longer work for the employer. However, 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 194);




• 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. Employees must take all reasonable steps to mitigate (i.e. reduce) their losses, usually by looking for another job. Failure to do this is likely to result in a cut in any compensation if the claim is successful. See Chapter 10: Compensation.