1. Deciding whether to bring a claim

Since the abolition of tribunal fees in July 2017 (see page 4) it is free to issue a claim in the employment tribunal (although there are some costs risks associated with weak claims, which are explained in Chapter 5). However, there is a certain amount of pressure when bringing a claim. Since time limits are so short — generally three months from the act complained of — the clock is ticking before a claim is even issued, and there are further deadlines for completing steps, such as exchanging documents and witness statements. An eventual hearing date may be some time away, particularly as there is currently a substantial backlog (see page 5), and the wait can be frustrating.

It is wise to spend some time considering what will be involved and how to prepare. There may also be preliminary matters to consider. For example, disagreement over the date of termination of the employment contract in an unfair dismissal claim; or a dispute over whether the claimant has a disability in a disability discrimination claim. These are likely to require a preliminary hearing (see page 35). In the latter case, the member is likely to have to provide medical evidence that will be shared with the employer and the tribunal, and they should be made aware of this.