First steps — preparing for a claim

From the earliest stages of a dispute, members should:

• speak to their rep;

• 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 contact them. Work colleagues cannot be compelled to give evidence, and in any event a reluctant witness will not usually be helpful to your case. Sometimes a colleague may agree to sign a written statement at the outset, especially if they no longer work for the employer. In most claims, the claimant’s is the only witness evidence in support of the claim;

• collect up any documentary evidence such as copies of emails and texts;

• remember that if sickness or disability is an issue, the member’s full medical record will have to be disclosed to the employer and the tribunal;

• check whether they qualify for fee remission and put together the evidence of means (see page 412);

• collect and keep all payslips and other documentary evidence that proves the claim’s value, including evidence of all efforts to find another job. This could include copies of adverts, job applications, invitations to interview and rejections. Employees must take all reasonable steps to mitigate (i.e. reduce) their losses, for example by looking for another job (see page 317). Failure to do this is likely to result in a cut in any compensation.