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 the case. However, 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 contracts, letters, 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 (now known as “Help with fees”) and make sure they have the information needed to complete the application form. If not, check whether the union can offer support with fees. Many unions loan the fee to members, as long as conditions are met, for example as to the strength of the claim. Also, check home insurance policies. Many policies provide legal expenses cover as an “extra”;



• collect up and file all payslips and other documentary evidence to prove the claim’s value and keep on-going evidence of all continuing 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. Failure to do this is likely to result in a cut in any compensation if the claim is successful. See Chapter 10: Compensation.