# Aricase - Employment tribunal guides (full text) > Aricase is a plain-English employment tribunal guidance platform for employees and workers in England and Wales. It guides you through building your own case: AI helps you check whether you have a claim and prepare it step by step, and an employment law specialist checks your case before you act. Free guides, calculators and a glossary are open to everyone; case-building runs on a monthly subscription (Guidance £80/month or Guidance Expert £125/month). It is legal information, not legal advice. > > Aricase is not a law firm and does not provide legal representation. > Aricase is a trading name of Arc and Delta Ltd (company no. 17240873), registered in England and Wales. More about the company: https://www.linkedin.com/company/aricase/, https://www.instagram.com/aricase.ai, https://www.crunchbase.com/organization/aricase. ## FAQs ### Is this legal advice? No. Aricase provides legal information, not legal advice. We are not a law firm and do not represent you. For advice specific to your circumstances, consult a qualified solicitor. ### What is Aricase? Aricase is an AI-powered employment tribunal guidance platform. It helps individuals navigate the employment tribunal process by providing legal information, AI-generated documents, and expert verification - at a fraction of the cost of traditional legal services. ### What is the Aricase Method? The Aricase Method is how Aricase builds your case: four stages with a human check. (1) Tell me what happened, (2) Show me what you've got, (3) Here's the plan, (4) Let's work through it - then an employment law specialist checks it before you act. It is a loop, not a one-off: each stage you complete reshapes the plan as your case changes. ### Who reviews my case? An employment law specialist with direct personal experience of the employment tribunal process reviews your case for accuracy. This is an expert verification service, not legal representation. ### Does Aricase cover Scotland or Northern Ireland? Not yet. Aricase currently covers employment law in England and Wales only. Scotland and Northern Ireland have different procedural rules and separate tribunal systems. If your situation falls outside England and Wales, please seek local specialist advice. ### Is my data secure? Your information is encrypted, stored securely, and used only to generate your case materials and guidance. We do not share your data with third parties. ### What counts as unfair dismissal? Unfair dismissal is when an employer ends your employment without a fair reason, without a fair process, or both. The law recognises five potentially fair reasons (conduct, capability, redundancy, a legal bar, and 'some other substantial reason'); a dismissal can still be unfair if the employer did not act reasonably or follow a fair procedure. See our full guide to unfair dismissal for how tribunals approach this. ### How long do I have to make an employment tribunal claim? For most claims the time limit is 3 months less 1 day from the date of the event (for example, the dismissal), and you must start ACAS Early Conciliation within that window. The limit is strict, and missing it can end a claim regardless of its merits. The Employment Rights Act 2025 is expected to extend this to 6 months for most claims around October 2026, but that change is not yet in force. You can check your own dates with the tribunal deadline calculator. (Always confirm your time limit before relying on it.) ### Do I need 2 years' service to claim unfair dismissal? For ordinary unfair dismissal, most employees currently need 2 years' continuous service. There are important exceptions: 'automatically unfair' dismissals (such as those connected to pregnancy, whistleblowing, or asserting a statutory right) need no qualifying period at all. The Employment Rights Act 2025 is expected to reduce the qualifying period to 6 months around January 2027, subject to commencement regulations - it is not yet in force, and statutory redundancy pay will still require 2 years. See our guide on day-one rights. ### What is ACAS Early Conciliation and is it mandatory? ACAS Early Conciliation is a free, confidential step where ACAS tries to help you and your employer settle the dispute before a tribunal claim. For most claims it is mandatory: you cannot lodge an employment tribunal claim without an ACAS Early Conciliation certificate number, although a small number of claim types are exempt. Contacting ACAS also pauses your tribunal time limit while conciliation runs. See our ACAS Early Conciliation guide. ### How do I fill in an ET1 employment tribunal claim form? The ET1 is the form that starts an employment tribunal claim; you file it online via GOV.UK after ACAS Early Conciliation, using the certificate reference number. The most important section is the claim narrative, which works best when it is chronological, factual, names the people involved, and identifies the law you say has been broken. Our step-by-step ET1 guide walks through each section and the common mistakes to avoid. ### What is constructive dismissal? Constructive dismissal is when you resign because your employer committed a fundamental breach of your employment contract, and you treat that breach as bringing the contract to an end. Three things generally need to be present: a serious (fundamental) breach by the employer; your resignation in response to it; and that you did not delay so long that you are treated as having accepted the breach. It is often harder to prove than an ordinary dismissal because the burden is on the employee. See our constructive dismissal guide. ### How much compensation can I get for unfair dismissal? Unfair dismissal compensation usually has two parts: a basic award (a fixed statutory formula based on age, length of service and a week's pay, which is capped - £751 as of 6 April 2026) and a compensatory award for your actual financial loss, mainly lost earnings. The compensatory award for ordinary unfair dismissal is currently capped at the lower of around £123,543 or 52 weeks' pay (figures as of 6 April 2026; some claims, such as whistleblowing, are uncapped). Our compensation guide explains how awards are calculated, and the free estimator gives an indicative range. (An estimate, not a prediction.) ### How is statutory redundancy pay calculated? Statutory redundancy pay is based on your age, your length of continuous service (you generally need at least 2 years), and your weekly pay, with the weekly figure capped by statute (£751 as of 6 April 2026). You receive a set number of weeks' pay for each full year worked, weighted by the age you were in each of those years. You can work out your own figure with the statutory redundancy pay calculator. ### Is there a free trial? Yes. First-time subscribers get a 7-day free trial on either plan, with full access to everything that plan includes. We ask for your card details up front but charge nothing during the trial. When the 7 days end, your first payment is taken automatically so your case continues without interruption - unless you cancel before then, in which case you pay nothing. One trial per customer. ### How does the pricing work? You choose between two monthly plans - Guidance (£80/month) or Guidance Expert (£125/month). Cancel any time; access continues to the end of the paid period. No percentage of your outcome is taken. ### What's the difference between Guidance and Guidance Expert? Both plans include AI case assessment, document generation, evidence management, deadline tracking, early conciliation guidance, settlement preparation, and AI chat. Guidance Expert also includes 1 human expert review per month, formal claim drafting, settlement strategy, hearing preparation, and more room to work through your case with Ari. ### How long does access last? Access continues for as long as your subscription is active. You can cancel at any time and will retain access until the end of the billing period you have already paid for. ### Can I get a refund? If you are on a free trial, simply cancel before it ends and you will not be charged at all. For a paid period, refunds are available within 14 days of the charge - as long as Aricase has not yet started processing your case. Once we begin (typically your first document upload or Stage 2 confirm), the refund window for the current period closes, but you can still cancel future renewals any time. Email support@aricase.ai to request a refund. Full policy in our Terms & Conditions. ### How are deadlines calculated? Most employment tribunal claims in England and Wales must start within 3 months less 1 day of the event (for example dismissal). The practical first step inside that window is usually notifying ACAS for Early Conciliation, which pauses the clock while it runs. Our free tribunal deadline calculator applies those statutory rules to the dates you enter; always confirm your position against GOV.UK or ACAS before relying on a figure. ### Is the deadline estimate guaranteed? No estimate can replace formal legal advice. We provide guidance based on your answers, but you remain responsible for confirming your time limits before submitting a claim. If you are close to a deadline, contacting ACAS to start Early Conciliation is the step that pauses the tribunal clock - see our tribunal deadlines guide. ### Do I need a solicitor? No. ACAS Early Conciliation and filing an employment tribunal claim are free, and many people run their own claim without representation. Aricase is built to help you prepare and represent yourself, with a human expert check along the way; some people still choose to instruct a solicitor for complex or high-value claims. Our guide on going to tribunal without a solicitor explains what doing it yourself involves. ### What is ACAS? ACAS (the Advisory, Conciliation and Arbitration Service) is the free, independent public body that runs Early Conciliation - a required step before most employment tribunal claims, where it tries to help you and your employer settle without a hearing. Notifying ACAS also pauses your tribunal time limit while conciliation runs. See our ACAS Early Conciliation guide for what to expect. ### What claims do you cover? Aricase is built for individual employment disputes in England and Wales, including unfair and constructive dismissal, discrimination (Equality Act protected characteristics), whistleblowing, unpaid wages and holiday pay, redundancy, and related breach of contract issues. It provides legal information and structured case-building, not legal advice or representation. See our employment law guides for topic-by-topic detail. ### What if my case settles? Most employment disputes settle without a final hearing. Aricase helps you prepare for ACAS Early Conciliation and settlement discussions with structured drafts and a clear view of your timeline and issues. Any formal settlement agreement still usually needs independent legal advice before you sign - Aricase is not a law firm. See our settlement agreements guide for what those documents typically cover. ### What if my case goes to a hearing? If your claim proceeds toward a hearing, Aricase helps you organise evidence, understand the stages (ET3 response, disclosure, bundle, witness statements), and prepare documents step by step, with a human quality check on the Guidance Expert plan. It does not appear for you at the hearing. Our hearing guide explains what a tribunal day typically involves. --- ## Tools ### Employment tribunal deadline calculator URL: https://aricase.ai/tools/tribunal-deadline-calculator Last reviewed: 2026-06-25 Enter your dates to see your time limit for starting a claim. Legal basis: Employment Rights Act 1996, s.111 (unfair dismissal time limit); Equality Act 2010, s.123 (discrimination time limit); Employment Rights Act 1996, s.207B (ACAS early conciliation - extension of time limits); ACAS - Early conciliation ### Statutory notice period calculator URL: https://aricase.ai/tools/notice-period-calculator Last reviewed: 2026-06-25 Enter your dates to see the minimum notice you are owed - and must give. Legal basis: Employment Rights Act 1996, s.86 (rights of employer and employee to minimum notice); ACAS - Notice periods; GOV.UK - Handing in your notice ### Statutory redundancy pay calculator URL: https://aricase.ai/tools/redundancy-pay-calculator Last reviewed: 2026-06-25 Enter your age, dates and pay to see your statutory redundancy entitlement. Legal basis: Employment Rights Act 1996, s.162 (amount of a redundancy payment); Employment Rights Act 1996, s.227 (maximum amount of a week's pay); Employment Rights (Increase of Limits) Order 2026 (SI 2026/310); GOV.UK - Calculate your statutory redundancy pay ### Employment claim value estimator URL: https://aricase.ai/tools/claim-value-calculator Last reviewed: 2026-06-25 Enter your salary, service and claim type for an indicative ballpark of what your claim could be worth. Legal basis: Employment Rights Act 1996, s.119 (basic award); Employment Rights Act 1996, s.123 (compensatory award); Employment Rights Act 1996, s.124 (limit of compensatory award); Equality Act 2010, s.124 (remedies - injury to feelings); Presidential Guidance: Vento bands (injury to feelings) - judiciary.uk ### Unfair dismissal basic award calculator URL: https://aricase.ai/tools/unfair-dismissal-compensation-calculator Last reviewed: 2026-06-25 Enter your age, dates and pay to work out the statutory basic award. Legal basis: Employment Rights Act 1996, s.119 (basic award); Employment Rights Act 1996, s.227 (maximum amount of a week's pay); Employment Rights (Increase of Limits) Order 2026 (SI 2026/310); GOV.UK - Dismissal: your rights ### Employment tribunal award data URL: https://aricase.ai/tools/employment-tribunal-award-data Last reviewed: 2026-07-01 Browse the median, average and highest tribunal awards by claim type, from official MoJ figures. Legal basis: MoJ - Tribunal statistics (Employment Tribunal & EAT award tables); Employment Rights Act 1996, s.124 (limit of compensatory award); Equality Act 2010, s.124 (remedies - discrimination, injury to feelings); Presidential Guidance: Vento bands (injury to feelings) - judiciary.uk --- # Age Discrimination at Work: Your Rights Under the Equality Act URL: https://aricase.ai/resources/age-discrimination-at-work Last updated: 2026-07-09 Quick answer: Age is a protected characteristic under the Equality Act 2010. Unfavourable treatment because of age, unjustified policies that disadvantage an age group, harassment, and victimisation can all be unlawful. Unlike some other characteristics, direct age discrimination can sometimes be justified if the employer shows a proportionate means of achieving a legitimate aim. Claims usually need ACAS Early Conciliation and a tribunal claim within strict time limits. **Age discrimination** at work is regulated mainly by the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents). Age is a **protected characteristic**. That protects people of **every** age - not only older workers - in employment and, with related rules, in recruitment and vocational training. This guide is for **England and Wales**. It sits under the wider [workplace discrimination](/resources/workplace-discrimination) map but focuses on age-specific issues: justification, retirement, redundancy selection, and stereotypes in hiring. ## What kinds of age claim exist? ### Direct discrimination Treating you less favourably **because of age** (including your perceived age, or age group). Example patterns tribunals have examined: refusing training "because you are close to retirement"; rejecting an applicant as "too young to manage". **Special feature of age:** direct discrimination can sometimes be **justified** if the employer shows a **proportionate means of achieving a legitimate aim**. That is stricter than "we preferred someone else". Cost-saving alone is often a weak legitimate aim if used bluntly. Aims the courts have accepted as capable of justifying age-based treatment include workforce planning, giving younger staff a route to progress, and preserving dignity by avoiding capability rows at the end of a career - but the employer must still show the specific measure was a proportionate way to achieve that aim on the facts, not just recite the label. ### Indirect discrimination A provision, criterion or practice applied to everyone that puts people of a particular age group at a **particular disadvantage**, and which the employer cannot justify as a proportionate means of achieving a legitimate aim. Examples that can arise (facts always matter): - Length-of-service benefits that heavily favour older cohorts (sometimes justified, sometimes not) - Physical tests unrelated to the actual job that screen out older workers - "Digital native" requirements that are really age proxies ### Harassment Unwanted conduct related to age that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment - for example repeated "jokes" about being past it or wet behind the ears. ### Victimisation Being treated badly because you complained about age discrimination, supported someone else's complaint, or did another protected act under the Equality Act. ## Where age issues commonly appear | Area | What to watch | |---|---| | **Recruitment** | Adverts seeking "young graduates only"; interview notes obsessing over age | | **Promotion / training** | Assumptions about ambition or ability to learn | | **Performance management** | Stereotypes dressed up as "culture fit" | | **Redundancy** | Last-in-first-out or criteria that correlate tightly with age without justification - see [unfair redundancy selection](/resources/unfair-redundancy-selection) | | **Retirement** | Pressure to retire; unjustified compulsory retirement ages | | **Benefits** | Service-linked schemes (can be lawful if they meet specific rules / justification) | ## Age and unfair dismissal You can have: - An **Equality Act** claim about discriminatory treatment or dismissal, and/or - An **unfair dismissal** claim if you are an employee with the qualifying period (or an automatic unfair scenario) They use different tests and remedies. Ordinary unfair dismissal still needs the qualifying period in most cases; age discrimination does not. See [unfair dismissal](/resources/unfair-dismissal). ## Evidence that helps - Job advert and person specification - Interview notes and scoring - Emails or messages referring to age, retirement, or "fresh blood" - Policies on retirement, flexible working, redundancy - Comparators - who was treated better and their approximate age/service - Your grievance and the outcome Keep contemporaneous notes. A [DSAR](/resources/subject-access-request-at-work) can surface HR commentary you never saw. ## Proving it: the burden of proof Direct age discrimination is rarely admitted in writing, and the law recognises that. Under the Equality Act 2010, if you can show facts from which a tribunal *could* conclude that age discrimination happened, the burden shifts to the employer to prove that age played **no part** in the treatment. That is why small signals matter - a stray comment about "energy" or "freshness", an advert aimed at "recent graduates", a redundancy pool that quietly tracks age. You are not expected to prove what was in a manager's head; you are assembling a picture that calls for an innocent explanation, and then testing whether the employer can give one. ## Time limits Most Equality Act employment claims must reach the tribunal within **3 months less 1 day** of the act (or the last act in a continuing course), after [ACAS Early Conciliation](/resources/acas-early-conciliation) rules. The limit is strict. Use the [deadline calculator](/tools/tribunal-deadline-calculator) for an indicative date and read [tribunal deadlines](/resources/employment-tribunal-deadlines). ## Remedies Successful discrimination claims can include: - **Declaration** - **Compensation** for financial loss - **Injury to feelings** (Vento bands - see [compensation guide](/resources/employment-tribunal-compensation)) - Sometimes recommendations There is no ordinary unfair-dismissal-style statutory cap on discrimination compensation in the same way. That does not mean unlimited awards in practice - evidence of loss still matters. The free [claim value calculator](/tools/claim-value-calculator) can give a rough ballpark only. ## Practical steps if you think age played a part 1. Write a dated note of what was said and by whom. 2. Keep the advert, emails and policies. 3. Raise issues through grievance procedures where safe and useful (ACAS Code still matters for some compensation adjustments in related claims). 4. Diary the tribunal clock before you wait for "one more meeting". 5. Consider early conciliation via ACAS if a claim is likely. ## Key takeaway Age discrimination law protects younger and older workers from less favourable treatment, unjustified policies, harassment and victimisation. Direct age discrimination is unusual among protected characteristics because **justification** can apply - but justification is a real test, not a slogan. Move early on evidence and deadlines; the stereotypes that hurt you often leave a paper trail if you look for it. --- # Employment Tribunal Hearing Bundle: How to Prepare One URL: https://aricase.ai/resources/employment-tribunal-hearing-bundle Last updated: 2026-07-09 Quick answer: The hearing bundle is the single, indexed, page-numbered set of documents everyone uses at the tribunal hearing. It is often the respondent's job to compile a joint bundle, but both sides agree contents. Your witness statement should refer to bundle page numbers. A messy bundle wastes hearing time and weakens clear evidence. The **hearing bundle** is the working file for the employment tribunal hearing: one shared, **indexed**, **page-numbered** set of documents that the judge, both parties and the witnesses use. When someone says "look at page 142", everyone should see the same email. This guide is for claimants in **England and Wales**, especially litigants in person. It links to [evidence](/resources/employment-tribunal-evidence), [witness statements](/resources/employment-tribunal-witness-statement) and [hearing day](/resources/what-happens-at-employment-tribunal-hearing). ## Bundle vs disclosure vs your own file | Concept | Role | |---|---| | **Your working file** | Everything you collected from day one | | **Disclosure** | Formal exchange of relevant documents under tribunal orders | | **Hearing bundle** | Paginated subset (sometimes large) used at the hearing | Disclosure duties include documents that **hurt** your case as well as help it. The bundle should still be manageable and focused on what will actually be referred to - but not sanitised into a fiction. ## Who builds it? The **case management order** is the authority. Common pattern: - Respondent prepares a **joint bundle** - Claimant agrees the index and supplies missing items - Both sides use identical pagination If you are ordered to prepare the bundle, start earlier than you think. Pagination errors cascade into witness statements. ## What usually goes in Typical sections (adapt to your claim): 1. Claim and response (ET1, ET3, any additional information) 2. Case management orders and key applications 3. Contract, job description, handbook extracts 4. Chronology of events (emails, letters, messages) 5. Grievance / disciplinary / redundancy paperwork 6. Policies relied on 7. Remedy documents (payslips, job search, medical evidence if relevant) **Witness statements** are sometimes in a separate statements bundle, sometimes in the main bundle - follow the order. ## How big should it be? Bigger is not safer. Tribunals repeatedly criticise over-stuffed bundles that bury the handful of documents a case actually turns on. Aim for everything genuinely relevant and nothing padded: if a document will not be referred to in a witness statement, in cross-examination, or in submissions, question whether it earns its page. A focused 150-page bundle usually serves a straightforward unfair dismissal claim better than 600 pages of duplicated email threads and read receipts. Judges have limited reading time, and a lean, well-ordered bundle is itself a form of advocacy. ## Pagination and indexing Good practice: - Continuous page numbers from 1 to the end (or clear section-based numbering if the tribunal allows, used consistently) - An **index** at the front listing each document and page - Identical electronic bookmarks if the bundle is PDF - Colour charts only if ordered / agreed - clarity beats decoration Your [witness statement](/resources/employment-tribunal-witness-statement) should say "Bundle p.57", not "the email from March". ## Joint bundles and disputes Try to agree contents. If you disagree: 1. Write a short reasoned list of additions/removals. 2. Propose a deadline. 3. If stuck, apply to the tribunal rather than ambushing on the day. Judges dislike late document dumps. They also dislike empty bundles missing the core letters. ## Redaction and sensitive material Some documents contain other people's personal data, medical details, or without-prejudice settlement correspondence. Redact third-party personal data that is not relevant to the issues, and keep genuinely without-prejudice material out of the open bundle unless a recognised exception applies. If you are unsure whether something is privileged or protected, flag it to the other side and, if needed, ask the tribunal - do not quietly drop a document simply because it hurts you, because disclosure duties still bite and a suppressed document surfacing later damages your credibility far more than the document itself would have. ## Electronic hearings For video hearings, test: - You can open the **same** PDF the tribunal has - Search works - You can jump to a page quickly - Your internet and screen setup let you see the document and the panel Have a backup (second device or printed core documents) if the order allows. ## If you are unrepresented You are held to the same bundle rules as a represented party, but tribunals usually give reasonable latitude on format to a litigant in person. Ask the employer's representative, early and in writing, who is compiling the bundle and by when. Keep your own clearly labelled copy of every document even after you hand it over, so a pagination change or a "lost" email is easy to correct. If the employer goes silent, send a short chase, then apply to the tribunal for a direction rather than waiting - the practical burden of an incomplete bundle often falls on the person who did not raise the gap in time. ## Common mistakes | Mistake | Result | |---|---| | Finalising statements before stable pagination | Wrong page references | | Missing ET1/ET3 from the bundle | Panel flips between files | | Incomplete email chains | Context fights in cross-examination | | Illegible scans | Document ignored in practice | | Different versions on the day | Hearing stops while people argue about "which page 12" | ## Timeline (typical) Exact dates come from **your** case management order. In outline: 1. Disclosure lists and inspection 2. Agree bundle index 3. Paginate 4. Exchange witness statements (with page refs) 5. Lodge bundle with tribunal 6. Hearing Keep these dates next to your original claim [deadline](/resources/employment-tribunal-deadlines) habits - different clocks, same need for a calendar. ## Key takeaway A hearing bundle is not stationery - it is how the tribunal experiences your evidence. Agree the index early, paginate once and freeze it, align witness statements to those pages, and fight document disputes in writing before the hearing, not in the first five minutes of the day. --- # Employment Tribunal Witness Statements: How to Write Yours URL: https://aricase.ai/resources/employment-tribunal-witness-statement Last updated: 2026-07-09 Quick answer: A tribunal witness statement is your written evidence - usually a numbered, chronological account of what you saw and did, referring to documents in the hearing bundle by page number. It is signed with a statement of truth. At the hearing the statement is often taken as read, and you are then cross-examined on it. For most claimants, the **witness statement** does more heavy lifting than anything said on the day of the hearing. Tribunals usually read statements in advance. At the hearing, your statement is often **taken as read**, and the live part is mainly cross-examination. This guide explains how witness statements work in employment tribunals in **England and Wales**, how to structure yours, and the mistakes that undermine otherwise strong cases. It sits next to our guides on [evidence](/resources/employment-tribunal-evidence), the [documents map](/resources/documents-in-your-tribunal-claim) and [what happens at a hearing](/resources/what-happens-at-employment-tribunal-hearing). ## What is a witness statement at an employment tribunal? A witness statement is a written account of the facts a witness can speak to from their own knowledge. As a claimant representing yourself, you will almost always produce one for yourself. Colleagues or others who saw key events may produce their own statements if they are giving evidence. Typical features: - **Numbered paragraphs** for easy reference in cross-examination - **Chronological structure** (with short topic headings if the claim is complex) - **References to the hearing bundle** by page number - A **statement of truth** at the end, signed and dated The tribunal's case management orders set the **exchange date**. Exchange is often simultaneous - both sides serve statements on the same day. ## How a statement is used at the hearing At many hearings: 1. The panel has already read the statements. 2. You confirm the statement is true (with any small corrections noted). 3. The other side cross-examines you on it. 4. The panel may ask its own questions. That is why a clear, careful statement is so valuable: it is your main chance to set out the story in your own words without interruption. Advocacy and legal argument still matter, but they rest on this foundation. ## What to put in - and leave out ### Include - Who you are, your role, and your employment dates - What happened, in order, with dates - Who said or did what (names and job titles) - Where documents support a point, the **bundle page** - The impact on you where it is relevant to remedy (for example financial loss or injury to feelings in discrimination claims) - stick to facts you can support ### Leave out or minimise - Lengthy legal submissions (save those for the hearing or written submissions) - Speculation about what managers "must have known" - Insults and emotional rhetoric - New claims that are not already in your [ET1](/resources/how-to-write-et1-form) (adding late claims has its own rules) ## A simple structure that works 1. **Introduction** - name, address for the tribunal's records if required, role, start and end dates. 2. **Background** - enough context for a stranger to understand the workplace. 3. **The events** - chronological, one event or short sequence per paragraph or short group of paragraphs. 4. **After the key event** - grievance, appeal, ACAS, anything that shows process. 5. **Loss / impact** (if relevant) - factual, not a full schedule of loss (that is a separate document - see [schedule of loss](/resources/schedule-of-loss-employment-tribunal)). 6. **Statement of truth** - signed and dated. ### Worked micro-example (style only) > 12. On 5 March 2026 I attended a meeting with Sam Lee (HR) and Priya Shah (my manager). The meeting was not labelled as a disciplinary hearing in the invite (Bundle p.18). > > 13. At the meeting Priya Shah said my role was at risk of redundancy. I asked for the selection criteria in writing. Sam Lee said they would "come later". I did not receive them before my dismissal letter dated 12 March 2026 (Bundle p.24). The point is specificity: date, people, what was said, what document proves it. ## Bundle page numbers Judges follow paper. If your statement says "see the email about the warning" without a page, the panel has to hunt. If it says "Bundle p.37", the point lands immediately. Practical sequence many litigants in person use: 1. Agree or prepare the [bundle](/resources/employment-tribunal-evidence) structure. 2. Number the pages. 3. Draft or finalise the statement with those numbers. 4. If the bundle is re-paginated, update the references before exchange. ## Statement of truth Use the form of words required by the tribunal's practice or orders. In substance you are declaring that you believe the facts are true. Do not sign until you have re-read every paragraph. If something is an estimate or belief rather than direct knowledge, say so plainly. ## Other witnesses If a colleague will give evidence: - Their statement should be **in their words**, not a copy of yours. - They should stick to what they personally saw or heard. - Exchange rules still apply - late statements can be shut out. You cannot force a reluctant colleague to give evidence, but you can ask. Tribunal witness orders exist in some situations; they are a separate procedural step and not the default first move. ## Common mistakes | Mistake | Why it hurts | |---|---| | **Narrative without dates** | Hard to test against documents | | **Copy-pasting the ET1** | Misses hearing-focused detail and bundle refs | | **Legal essay** | Reads as argument, not evidence | | **Ignoring awkward facts** | Cross-examination will find them | | **Missing exchange deadline** | Risk of exclusion or adverse case management | | **Unsigned / no truth statement** | May not be accepted as evidence | ## How this fits the wider process Witness statements usually come **after** the ET1 and ET3 have framed the issues, and **alongside** disclosure and the bundle. See the [process step-by-step guide](/resources/employment-tribunal-process-step-by-step) for where statements sit in the timetable, and [self-representation](/resources/tribunal-without-solicitor) for the wider preparation load. Keep your [deadlines](/resources/employment-tribunal-deadlines) calendar separate from drafting days - case management dates are as real as the original claim time limit. ## Key takeaway A good employment tribunal witness statement is chronological, specific, document-backed and honest about what you personally know. It is signed with a statement of truth and exchanged on time. Get the structure right and the hearing becomes a test of that evidence - not a scramble to tell your story for the first time under pressure. --- # Subject Access Request (DSAR) at Work: How to Get Your Employment Data URL: https://aricase.ai/resources/subject-access-request-at-work Last updated: 2026-07-09 Quick answer: A Data Subject Access Request (DSAR) is a formal request under UK GDPR for the personal data your employer holds about you. Employers normally must respond within one month. For someone preparing a tribunal claim, a DSAR can surface emails, HR notes and investigation records you were never copied on - but it is not a substitute for tribunal disclosure later. A workplace dispute often turns on documents you have never seen. Investigation notes, emails between managers, HR comments on a grievance - those records sit with the employer. A **Data Subject Access Request** (DSAR) is one of the main ways individuals can require a copy of the **personal data** held about them under UK data protection law. This guide is for workers in **England and Wales** who want a practical map of what a DSAR is, how to send one, what to expect back, and how it fits next to [evidence gathering for a tribunal claim](/resources/employment-tribunal-evidence). It is legal information, not legal advice. > **Law status - last updated 9 July 2026:** The Data (Use and Access) Act 2025 (DUAA 2025) changed parts of the subject-access regime. A "stop-the-clock" rule now lets an employer pause the one-month deadline while it reasonably verifies your identity or asks you to clarify a wide request (Article 12A UK GDPR, in force 5 February 2026), and the search an employer must run is expressly limited to what is "reasonable and proportionate" (Article 15(1A) UK GDPR). Separately, from 19 June 2026 data controllers must operate a formal complaints procedure under [section 164A of the Data Protection Act 2018](https://www.legislation.gov.uk/ukpga/2018/12/contents), acknowledging a complaint within 30 days. ## What is a workplace DSAR? Under [Article 15 of the UK GDPR](https://www.legislation.gov.uk/eur/2016/679/article/15) and the [Data Protection Act 2018](https://www.legislation.gov.uk/ukpga/2018/12/contents), you have a right of access to your personal data. A DSAR is simply the formal exercise of that right. "Personal data" means information that relates to you as an identifiable person. In an employment context that often includes: - emails and messages that are about you or identify you - HR files, appraisals and performance notes - grievance and disciplinary investigation records - absence and occupational health records that identify you - some CCTV stills or logs where you appear It does not automatically include every internal document about the business. Pure strategy notes with no personal data about you are outside the right of access. The [ICO's public guidance on the right of access](https://ico.org.uk/for-the-public/your-right-to-get-copies-of-your-data/) is the practical authority on how organisations should respond. ## Why DSARs matter for employment disputes People preparing a claim use DSARs because employers hold most of the contemporaneous record. A careful request can surface: - emails you were not copied on that discuss your dismissal or performance - notes of meetings that differ from what you were told orally - investigation materials that show what was considered (and what was not) A DSAR is **not** a fishing expedition for every document that might help a claim. Tribunals later run a separate [disclosure process](/resources/documents-in-your-tribunal-claim). The DSAR is a data-protection right you can use early - including before you file an [ET1](/resources/how-to-write-et1-form) - while the one-month clock is still useful. Always keep your [tribunal time limit](/resources/employment-tribunal-deadlines) in view. A DSAR does **not** pause the tribunal deadline. Only steps such as notifying [ACAS Early Conciliation](/resources/acas-early-conciliation) do that in the usual way. ## How to make a DSAR There is no mandatory form. You can email HR, the data protection officer, or the address in the employer's privacy notice. Keep it in writing. A clear request usually covers: 1. **Who you are** and how to contact you (include enough identity detail for the employer to verify you). 2. **That you are making a subject access request** under UK GDPR / the Data Protection Act 2018. 3. **The data you want** - be specific where you can (date ranges, systems, types of document). Broad "everything you hold about me" is valid but often slower. 4. **The format you prefer** - electronic copies are usually fine. 5. **Any third-party context** that helps them search (team name, manager, case reference). You do not have to say why you want the data. Some people choose to say they are preparing a grievance or claim; others keep the request neutral. Either way, stay factual and calm. ### Worked example outline > I am making a subject access request under Article 15 UK GDPR for personal data you hold about me. Please provide emails, HR notes, investigation materials and performance records relating to me for the period 1 January 2025 to the date of this request, including material held by [manager name] and HR. Please respond within one month to this email address. Adapt the dates and systems to your situation. Keep a copy of what you sent and when. ## Deadlines, fees and extensions - **Standard deadline:** one calendar month from receipt. - **Stop-the-clock:** since 5 February 2026 (DUAA 2025, Article 12A UK GDPR) the month does not start - or is paused - while the employer reasonably asks you to confirm your identity or to clarify a broad request. The clock restarts when you reply, so a slow reply simply lengthens the wait. - **Extensions:** up to two further months for complex or multiple requests, with reasons given in the first month. - **Fees:** free in normal cases. A reasonable fee or refusal is only for manifestly unfounded or excessive requests. If the employer asks for ID or for clarification, supply what is reasonable promptly - that ends the stop-the-clock pause and starts (or restarts) the one-month deadline. ## What employers can withhold The right of access is wide but not absolute. Common limitations include: - **legal professional privilege** on advice from lawyers - **third-party personal data** that cannot be disclosed without unfairly affecting someone else (employers sometimes redact other people's names) - **negotiations** or other limited exemptions under the Data Protection Act schedule An employer that redacts heavily should still explain the basis in broad terms. Since the DUAA 2025 reforms, an employer only has to carry out a search that is **reasonable and proportionate** (Article 15(1A) UK GDPR) - so a focused, specific request is more likely to be met in full than a blanket "everything you hold about me". If the response looks incomplete, you can chase in writing and use the employer's own **complaints procedure** (data controllers must operate one from 19 June 2026 under [section 164A of the Data Protection Act 2018](https://www.legislation.gov.uk/ukpga/2018/12/contents), acknowledging within 30 days), then complain to the [ICO](https://ico.org.uk/), and - if you are already in litigation - raise the issue with the tribunal. ## How a DSAR fits with tribunal evidence | Tool | What it is | Timing | |---|---|---| | **DSAR** | Data-protection right to *your* personal data | Anytime; useful early | | **Grievance / internal process** | Workplace procedure | Often before ACAS | | **Tribunal disclosure** | Both sides exchange relevant documents under tribunal orders | After the claim is defended | Use the DSAR to build a contemporaneous file. Use [tribunal evidence practice](/resources/employment-tribunal-evidence) for what will actually go in a hearing bundle later. Do not assume every DSAR page will be used at the hearing - relevance and reliability still matter. ## Practical tips - **Send early** if a claim is possible - the one-month response window eats into preparation time. - **List systems** you know exist (Outlook, Slack, HR system, shared drives). - **Keep a chronology** so when the pack arrives you can map documents to dates. - **Do not rely on the DSAR alone** for deadline safety - start ACAS if the time limit is close. - **Preserve what you already have** - your own emails and messages remain part of the story. ## What to do with the response When material arrives: 1. Save it in a dated folder. 2. Index key documents by date. 3. Note gaps (meetings with no notes, missing email chains). 4. Cross-check against your own records. 5. Feed the useful items into your claim preparation - narrative, [ET1](/resources/how-to-write-et1-form), and later witness evidence. If nothing useful arrives, the failure itself can be relevant later. Record the request, chases and any refusal reasons. ## Key takeaway A workplace DSAR is a free, statutory way to obtain personal data your employer holds about you, usually within one month. For employment disputes it is often most useful early, alongside - not instead of - ACAS, internal procedures and eventual tribunal disclosure. Keep the tribunal clock separate in your mind: a DSAR helps the paper trail; it does not stop the time limit. --- # TUPE Employee Rights: What Happens When Your Employer Changes URL: https://aricase.ai/resources/tupe-employee-rights Last updated: 2026-07-09 Quick answer: TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) can automatically move your employment from one employer to another when a business or service provision changes hands. Your continuity of employment and other employee rights are usually preserved, and dismissals or detrimental changes because of the transfer can be unfair. Employers must inform and (in many cases) consult appropriate representatives. Exact application is fact-specific. **TUPE** is short for the [Transfer of Undertakings (Protection of Employment) Regulations 2006](https://www.legislation.gov.uk/uksi/2006/246/contents). In plain terms, it is the set of rules that can **move your employment contract** from one employer to another when the business or service you work in changes hands - and that can protect you from being stripped of rights simply because the logo changed. This guide is for employees in **England and Wales**. The TUPE Regulations 2006 apply across Great Britain, so Scotland is covered by the same rules (only the tribunal system differs); Northern Ireland has its own equivalent regime. It is **legal information**, not legal advice. TUPE disputes are fact-heavy; small differences in how a contract is structured can change the outcome. > **Law status - last updated 9 July 2026:** TUPE runs under the Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended - unchanged and in force. Related tribunal time limits and redundancy rules can shift under the Employment Rights Act 2025 (being phased in from 2026), so work to the current deadline and check the linked guides for the latest position. ## When can TUPE apply? There are two classic routes (both in the 2006 Regulations as amended): ### 1. Business / undertaking transfers A transfer of an economic entity that retains its identity - for example a business sale, merger of a going concern, or transfer of a distinct part of a business. ### 2. Service provision changes Common in outsourcing, re-tendering and in-sourcing. Broadly, activities stop being carried out by one contractor (or the client) and are carried out instead by another, with an organised grouping of employees whose principal purpose was those activities. **Share sales** are different: if someone buys the shares of your employer company, you may still be employed by the **same legal entity**. That can mean TUPE does not "transfer" you at all, even though control of the company changed. Always separate "new owners" from "new employer on the contract". GOV.UK's overview of [business transfers and TUPE](https://www.gov.uk/transfers-takeovers) and [ACAS TUPE guidance](https://www.acas.org.uk/tupe) are good official starting points. ## What usually transfers? If TUPE applies, typical effects include: - Your **employment** moves to the new employer on the transfer date. - **Continuity of employment** is preserved (important for unfair dismissal qualifying periods and redundancy pay). - Many **contract terms** move with you. - Rights and liabilities connected with your contract can pass to the new employer. Not everything is identical in every case (pensions have special rules; some benefits are structured outside the contract). Read any Employee Liability Information and the transfer letters carefully. ## Information and consultation Employers must **inform** appropriate representatives of affected employees about the transfer and related measures, and in many situations must **consult** with a view to seeking agreement on measures. If there are no recognised union or existing representatives, employers may need to arrange elections for employee representatives. Failures here can lead to **protective awards** - compensation based on weeks' pay per affected employee - claimed in the employment tribunal. Time limits still apply; do not assume the award process waits while you "see how the transfer goes". ## Changing terms after a transfer This is where many disputes arise. - Changes **because of the transfer** are heavily restricted. - The new employer often wants to **harmonise** terms with its existing staff. Harmonisation alone is frequently not a safe legal basis. - Changes for an **economic, technical or organisational (ETO) reason entailing changes in the workforce** sit in a different legal box - still not a free pass, and reasonableness still matters for dismissals. If you are asked to sign new terms, compare them line by line with what you had. See also [can my employer change my contract](/resources/can-my-employer-change-my-contract). ## Dismissal connected with a transfer A dismissal can be **automatically unfair** if the sole or principal reason is the transfer, unless it is for an ETO reason entailing changes in the workforce and the dismissal is fair in all the circumstances. Related ideas: - Redundancy **can** be genuine around a transfer if the need for work of a particular kind has ceased or diminished - but labels are not enough. - Selection, consultation and alternative employment still matter for ordinary unfair dismissal analysis. - Some transfer-linked dismissals sit alongside [automatic unfair dismissal](/resources/automatic-unfair-dismissal) themes. Check your [tribunal time limit](/resources/employment-tribunal-deadlines) early. Use the [deadline calculator](/tools/tribunal-deadline-calculator) for an indicative date, then confirm against official sources. ## Objecting to a transfer If you **object** to transferring, the regulations can treat your employment as ending at the transfer without a dismissal by either employer in certain situations. That can cut across unfair dismissal routes. Objection is sometimes used deliberately; sometimes people object without understanding the cost. Get the wording and timing right - and understand what you lose - before you send anything. ## Practical checklist 1. **Identify the legal employer** before and after (Companies House + contract + payslip). 2. **Ask what type of deal it is** - asset sale, service retender, share sale, insourcing. 3. **Keep every letter** about the transfer, measures, and consultation. 4. **Note dates** of announcements, consultation meetings, and the transfer date. 5. **Compare terms** - pay, hours, workplace, bonus, mobility. 6. **Do not miss ACAS / tribunal clocks** if dismissal or a protective award is in play. ## How this connects to other claims | Situation | Related guide | |---|---| | Ordinary or automatic unfair dismissal | [Unfair dismissal](/resources/unfair-dismissal), [automatic unfair dismissal](/resources/automatic-unfair-dismissal) | | Redundancy pay / process | [Redundancy pay](/resources/redundancy-pay-explained), [unfair redundancy selection](/resources/unfair-redundancy-selection) | | Imposed new terms | [Contract changes](/resources/can-my-employer-change-my-contract) | | Starting a claim | [Deadlines](/resources/employment-tribunal-deadlines), [ET1](/resources/how-to-write-et1-form) | ## Key takeaway TUPE can protect your job and continuity when the business or service you work in moves - but it is technical, fact-specific, and full of traps around share sales, objections, harmonisation and transfer-linked dismissals. Preserve documents, watch the dates, and treat any pressure to sign worse terms because "the transfer needs it" with real caution. --- # Unfair Redundancy Selection: When a Redundancy Can Be Unfair URL: https://aricase.ai/resources/unfair-redundancy-selection Last updated: 2026-07-09 Quick answer: A genuine redundancy needs a real reduction in the need for work of a particular kind (or workplace closure). Even then, unfair dismissal can arise from a bad selection pool, vague or biased criteria, inadequate consultation, or a failure to consider alternative employment. Statutory redundancy pay is separate from whether the dismissal was fair. Time limits for tribunal claims still apply. Redundancy is one of the five potentially fair reasons for dismissal under the [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/contents). That does **not** mean every redundancy dismissal is fair. Many disputes are really about **selection** and **process**: who went into the pool, how scores were awarded, whether consultation was real, and whether another role was available. This guide is for employees in **England and Wales**. It pairs with [how statutory redundancy pay is calculated](/resources/redundancy-pay-explained) and the free [redundancy pay calculator](/tools/redundancy-pay-calculator). Pay and fairness are related but not the same question. ## When is a redundancy "genuine"? In outline, redundancy arises where the employer's need for employees to do work of a particular kind has ceased or diminished (or is expected to), or the workplace closes. Classic examples: site closure, reduced headcount in a team, technology replacing a function. Labels are not enough. If the role continues and someone else is doing substantially the same job under a different title, tribunals have often looked hard at whether the "redundancy" was genuine. ## The fairness framework (short version) For ordinary unfair dismissal, once a potentially fair reason is shown, the question is whether the employer acted within the **band of reasonable responses** - including: 1. **Warning and consultation** about proposed redundancies 2. **Fair selection** (pool + criteria + application) 3. **Search for alternative employment** 4. A fair overall procedure Collective consultation duties can also apply where 20 or more redundancies are proposed at one establishment within 90 days - a separate protective-award regime. [ACAS guidance on managing redundancies](https://www.acas.org.uk/manage-staff-redundancies) sets out practical process expectations. ## Selection pools A fair process usually starts by identifying **who is at risk** - the pool. Problems tribunals have typically scrutinised: - Pool of **one** when several people do interchangeable work - Excluding favourites or recent hires without a solid business reason - Sudden reorganisation that isolates one person who raised a grievance or whistleblowing concern There is no single mandatory formula for every business, but the employer should be able to explain the pool rationally. ## Selection criteria Criteria should be capable of fair application. Examples often used (not a legal checklist): - Skills and qualifications relevant to the remaining work - Experience and performance backed by records - Disciplinary record - Attendance (with care - disability-related absence can raise Equality Act issues) Riskier patterns: - Entirely subjective "attitude" or "fit" scores with no evidence - Criteria written after individuals were already chosen - Marking that ignores the paper trail (appraisals, warnings, training) Ask for **your scores**, the **criteria**, and how others in the pool were marked (data protection and process fairness both matter here). A [subject access request](/resources/subject-access-request-at-work) is sometimes used to obtain HR notes. ## Consultation Individual consultation should be more than a script announcing a decision already made. In similar situations, fair consultation has typically included: - Explanation of the business reason - The provisional selection and how it was reached - A real chance to challenge scores and suggest alternatives - Consideration of **voluntary** options and bumping in some structures If the first meeting is "you are dismissed today", process risk rises sharply. ## Alternative employment Employers are generally expected to look for suitable alternative employment in their organisation (and sometimes wider group, depending on the facts). Refusing a reasonable alternative without good reason can affect both fairness and, in some cases, redundancy pay. Where you take up a genuinely different role, the law gives a **statutory trial period of four weeks** (longer by written agreement for retraining) - trying the role does not, by itself, forfeit your redundancy pay if it turns out to be unsuitable and you leave within that period. What is "suitable" depends on status, pay, hours, location and your personal circumstances - it is not only the employer's preference. ## Discrimination and automatic unfair angles Selection can be unfair **and** discriminatory. Examples of extra legal layers: - Pregnancy, maternity and related leave - including priority for suitable alternative vacancies in some redundancy situations - Disability - criteria that penalise disability-related absence without justification - Age - last-in-first-out or age-linked criteria can create Equality Act issues - Whistleblowing or asserting statutory rights - can engage [automatic unfair dismissal](/resources/automatic-unfair-dismissal) See also [workplace discrimination](/resources/workplace-discrimination) and [age discrimination at work](/resources/age-discrimination-at-work). ## Evidence that often matters | Document | Why | |---|---| | At-risk letter and scripts | What you were told and when | | Selection matrix / scores | How the choice was made | | Consultation notes | Whether challenge was real | | Org charts before/after | Whether the role disappeared | | Job ads after your exit | Whether the work continued | | Grievance / appeal outcome | Process and reasons | Keep the [deadline](/resources/employment-tribunal-deadlines) in view from day one. Redundancy pay calculations do not extend the unfair dismissal time limit. ## Redundancy pay vs unfair dismissal - **Statutory redundancy pay** - formula based on age, service and capped weekly pay (see the [calculator](/tools/redundancy-pay-calculator)). - **Unfair dismissal** - basic award and compensatory award if the dismissal is unfair (see [compensation](/resources/employment-tribunal-compensation)). You can sometimes be entitled to redundancy pay **and** still challenge fairness. Settlement agreements can waive claims - only sign with open eyes (and usually independent legal advice on a formal settlement agreement). ## Key takeaway Unfair redundancy selection cases are less about "was I upset?" and more about **genuine redundancy + reasonable pool, criteria, consultation and alternatives**. Get the documents, challenge scores in writing while consultation is open, and diary the tribunal clock even if a redundancy payment is offered. --- # Using ChatGPT, Claude, Grok or Perplexity for Your Employment Claim: What Generic AI Gets Wrong URL: https://aricase.ai/resources/chatgpt-employment-claim-risks Last updated: 2026-07-01 Quick answer: General-purpose AI tools - ChatGPT, Claude, Grok, Gemini, and answer engines like Perplexity - are powerful, but none is built for UK employment tribunal claims, and using one as your only source is risky. They can miss the strict deadline that bars most late claims, quote out-of-date compensation caps, blur US and UK law, and (for chatbots) invent case law - all with confident wording and no human checking the result. They are useful for learning, not for the decisions that carry a deadline, a figure, or a consequence. AI is genuinely useful when you are facing a problem at work. It explains jargon, it is available at 2am, and it does not judge you. It is easy to see why people reach for ChatGPT, Claude, Grok, Gemini or Perplexity to help with a grievance, a settlement offer, or a tribunal claim. But there is a difference between a general-purpose AI tool and one built for a specific, high-stakes legal job. On UK employment tribunal claims, that difference can cost you your case. This guide explains exactly where generic AI falls down - not to say "never use AI" (this platform is an AI tool), but to show what to trust it with and what not to. > **Why this matters:** an employment tribunal claim runs on strict deadlines and precise figures. A confident but wrong answer - the wrong time limit, an out-of-date cap, a made-up case - is worse than no answer, because you act on it without knowing it is wrong. The problem with generic AI is not that it is always wrong. It is that it is confidently wrong in ways you cannot see. ## Which AI are we talking about? People reach for several very different tools, and it is worth separating them: - **Chatbots** - ChatGPT (OpenAI), Claude (Anthropic), Grok (xAI) and Gemini (Google). These generate answers from what they absorbed in training. They are the most prone to inventing case law and quoting figures that are years out of date. - **Answer engines** - Perplexity, and the "search" or browsing modes of the chatbots above. These search the web and cite sources as they answer, so they are usually more current and less likely to fabricate a case outright. The distinction matters, but it does not make the second group safe for a tribunal claim. An answer engine is only as good as the pages it happens to find - it can cite an outdated blog, a US website, or a marketing article with the same confidence as an authoritative source. And whichever type you use, none is scoped to England and Wales law, none calculates your specific deadline, and none has a human checking the result. The rest of this guide applies to all of them; where a point is specific to one type, it says so. ## The core problem: confident, and sometimes wrong Large language models are built to produce fluent, plausible text. They are not built to be *correct*, and they have no built-in way to tell you when they are unsure. That combination - high fluency, no reliable uncertainty signal - is exactly the wrong shape for legal information, where being 90% right and 10% confidently wrong can be worse than being unsure throughout. Here are the specific failure modes that matter for a UK employment claim. ### 1. It can miss the deadline that bars most late claims This is the single biggest risk. In England and Wales you generally have **3 months less 1 day** from the dismissal or the act you are complaining about to start [Acas Early Conciliation](/resources/acas-early-conciliation), and missing it almost always bars the claim entirely (section 18A, Employment Tribunals Act 1996). The exact date depends on your facts, how early conciliation pauses the clock, and which claim type applies. A general AI tool does not know your dates, does not calculate the deadline reliably, and will not chase you as it approaches. It may even state the limit as a flat "3 months", which is subtly wrong. Deadlines are the one thing that should never be estimated by a language model - they should be [calculated in code from your dates](/tools/tribunal-deadline-calculator). See the [deadlines guide](/resources/employment-tribunal-deadlines) for how the timing really works. ### 2. It quotes out-of-date figures Compensation caps, the week's pay limit, and the Vento injury-to-feelings bands change **every April**. A model trained on older data will happily quote last year's cap, or a figure from three years ago, as though it were current. For claims presented on or after 6 April 2026, for example, the week's pay cap is £751 and the compensatory award cap is £123,543 - but a generic tool has no reliable way to know that, and no reason to flag that its number might be stale. For anything involving money, the figures must come from a source that is deliberately kept current - not from a model's training data of unknown vintage. ### 3. It blends US law into UK answers The training data behind mainstream AI models is dominated by US content. UK and US employment law are fundamentally different: the US has "at-will employment" (you can be fired for almost any reason), no equivalent of the statutory unfair dismissal regime, different discrimination frameworks, and no Acas. Ask a general model an employment question and you can get an answer that quietly imports American concepts - "right to work" doctrine, "wrongful termination" as understood in the US, or references to bodies that do not exist here. The scope restriction matters: a tool built for this should be locked to **England and Wales employment law** and should say so. ### 4. It invents case law and citations There are now well-documented instances, including in reported court cases, of AI tools generating **fake legal citations** - realistic-looking case names and references that do not exist. Courts and tribunals have warned litigants about relying on AI-generated authorities for exactly this reason. If you cite a case in your claim that turns out to be invented, you damage your credibility with the tribunal at the worst possible moment. This is mainly a **chatbot** problem (ChatGPT, Claude, Grok, Gemini working from memory). Answer engines like Perplexity that cite sources are less likely to fabricate a case outright - but they can still present an outdated, US, or low-quality page as authority. Either way, verify every case, section number and figure against the official record on [legislation.gov.uk](https://www.legislation.gov.uk) or the tribunal's own published decisions before you rely on it. ### 5. There is no human checking the output This is the difference that a chatbot cannot close on its own. A general AI tool gives you an answer and stops. No one reviews whether it fits your facts, whether the deadline is right, or whether the document reads well to a judge. For a decision as consequential as a tribunal claim, the absence of a human quality check is the gap that matters most. ### 6. Your sensitive data may not be private Employment disputes involve highly sensitive information - medical details, allegations, other people's names. With consumer AI tools, what you paste in may be stored outside the UK or used to improve future models, depending on the settings and the terms you agreed to. Before you paste evidence into any tool, it is worth reading how it handles your data, and preferring one that tells you plainly. ## What generic AI is genuinely good for None of this means AI is useless for your situation - the opposite. Used well, it is a real help: - **Understanding concepts** - what "constructive dismissal" or "protected disclosure" means in plain English - **Getting your thoughts in order** before a grievance or a meeting - **Preparing questions** to ask a specialist, Acas, or a support service - **Drafting a first version** of something you will then check carefully The line is simple: use it to **learn and prepare**, not as the final word on anything that carries a deadline, a figure, or a consequence. ## What "purpose-built" actually changes A tool designed for UK employment claims is not just a chatbot with a legal skin. The things that make generic AI risky are the things it is built to fix: - **Deadlines are calculated in code** from your actual dates, not estimated by a model - **Figures are kept current** and drawn from the statutory source, not from training data of unknown age - **Scope is locked** to England and Wales employment law, so US concepts do not leak in - **Answers are grounded** in a maintained knowledge base rather than generated from memory - **A human checks** the output that matters before you rely on it That is what Aricase is built to do. AI builds your case. A human checks it. That last point - the human check - is the one no general model can replicate on its own. The [help options compared guide](/resources/employment-tribunal-help-options-compared) sets out how the different routes - going it alone, generic AI, a purpose-built tool, and a solicitor - stack up, and the [self-representation guide](/resources/tribunal-without-solicitor) covers what representing yourself really involves. ## Key takeaway Generic AI - ChatGPT, Claude, Grok, Gemini and answer engines like Perplexity - is a powerful way to understand your situation and prepare, and it is fine to use it that way. What it is not is a safe substitute for a tool built for the job. It can miss your deadline, quote stale figures, blend in US law, invent cases, and hand you all of it with total confidence and no human checking. For an employment tribunal claim, where a single wrong date or figure can end an otherwise strong case, the safest approach is to let AI help you learn - and to rely on correct, current, human-checked information for the decisions that count. _This article describes documented failure modes of general-purpose AI in the context of UK employment claims, based on publicly reported findings. It is legal information, not legal advice; check current figures and deadlines against the official sources linked above._ --- # Unfair Dismissal Claims: What the Data Actually Shows URL: https://aricase.ai/resources/unfair-dismissal-claim-data Last updated: 2026-07-01 Quick answer: Unfair dismissal is one of the most common tribunal claims, and its data is widely misread. The often-quoted '3% success rate' counts wins across all claims - most of which settle (around 40% via Acas) or are withdrawn (about 19%) long before a hearing. In the most recent published tables (2023/24), the median award was £6,746 and the mean about £13,749, with a small number of uncapped cases far higher. The 3% figure reflects how few claims reach a hearing, not your odds once there. If you are weighing up an unfair dismissal claim, the numbers matter - but the headline figures are almost always quoted out of context. This guide sets out what the official Ministry of Justice and Acas data actually shows about unfair dismissal claims: how many are brought, how they end, what tribunals award, and how to read those figures for your own situation. > **Data status - last updated 1 July 2026:** Claim-volume figures below are from the [MoJ's Tribunals statistics quarterly: October to December 2025](https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-october-to-december-2025). Compensation figures are from the MoJ's most recently published Employment Tribunal award tables, which cover **2023/24** - award data for 2024/25 had not yet been published at the time of writing, as HMCTS is still extracting figures from its new case management system. Always check the linked sources for the latest release. ## How common are unfair dismissal claims? Unfair dismissal is consistently one of the highest-volume complaints in the tribunal system. It regularly appears alongside unauthorised deductions from wages and breach of contract at the top of the single-claim jurisdiction tables. Overall tribunal volumes are at record levels and waiting times are lengthening across the board. The [employment tribunal statistics guide](/resources/employment-tribunal-statistics) covers the system-wide picture - claim volumes, the backlog and waiting times across all claim types. This guide narrows the focus to what the data shows specifically about **unfair dismissal**: how these claims end, and what they are worth. ## How do unfair dismissal claims actually end? This is where the widely-quoted "3% success rate" needs careful handling. That figure describes wins at a final hearing as a share of *all* disposals - and the great majority of claims never reach a hearing. Looking at how single claims are disposed of overall: - around **40% settle** through Acas conciliation - about **19% are withdrawn** - roughly **3% succeed at a final hearing** The correct reading is that most disputes end in a negotiated resolution, not a courtroom verdict. Settlement is the single most common outcome by a wide margin. The 3% figure does not mean a claimant who takes a well-founded case to a hearing has a 3% chance of winning - it means most claims are resolved before that point ever arrives. For the full breakdown, see the [employment tribunal statistics guide](/resources/employment-tribunal-statistics). ## What are your chances of winning an unfair dismissal claim? This is the question behind the statistics, and the honest answer is that the headline figure does not tell you. The 3% is a share of *all* disposals, not the odds at a hearing. Because around 40% settle and 19% are withdrawn, only a small fraction of claims are ever decided by a judge - and those that are tend to be the most contested. Of the claims that do reach a final hearing, a materially higher proportion succeed than the 3% figure implies, though the MoJ does not publish that as a single percentage. The practical takeaway: a well-documented, well-founded claim is not a 3% gamble. And most claimants who recover money do so through a negotiated settlement, not a win at a final hearing - which makes the strength of your case at the *negotiating* table, not just the hearing, the thing that matters most. ## The Acas layer: most disputes settle before a hearing Before any tribunal claim can proceed, the law requires you to notify Acas and go through [Early Conciliation](/resources/acas-early-conciliation). This free, confidential process pauses the tribunal deadline clock while Acas tries to help both sides agree. The scale is significant. In 2024/25, Acas received around **124,000 early conciliation notifications** and resolved **38%** of them before a formal claim was even lodged. Where a claim has been lodged and Acas is conciliating, it reports an individual conciliation settlement rate of above **70%**. In other words, the system funnels most disputes towards settlement long before a judge hears evidence. ## What do unfair dismissal awards look like? When a claim does reach a hearing and succeeds, compensation is usually made up of two parts: a **basic award** (calculated from your age, length of service and a capped week's pay) and a **compensatory award** for your actual financial losses, mainly lost earnings. In the most recently published award tables (2023/24): - the **median** unfair dismissal award was **£6,746** - the **mean (average)** award was roughly **£13,749** - the **highest** single award recorded was **£179,124** The gap between the median and the mean tells its own story: a small number of very large awards pull the average up, so most claimants recover something closer to the median than the mean. The very highest awards typically occur in cases where the statutory cap does not apply - for example, dismissals connected to [whistleblowing](/resources/whistleblowing-at-work) or health and safety. For claims presented on or after 6 April 2026, the compensatory award is generally capped at **£123,543 or 52 weeks' gross pay, whichever is lower**, and the week's pay used for the basic award is capped at **£751**. The [employment tribunal compensation guide](/resources/employment-tribunal-compensation) explains how the two awards are built up and what can reduce them. ## Why the median matters more than the maximum Headlines gravitate to the six-figure awards, but they are outliers. Most unfair dismissal compensation reflects lost earnings for the period between dismissal and finding new work, which is why the median sits in the low thousands. Two factors have a large practical effect on what you recover: - **Mitigation.** You are expected to take reasonable steps to find new work. The faster you do, the shorter your loss period - which is good for you financially even though it reduces the award. - **Conduct and procedure adjustments.** Compensation can be reduced for contributory conduct, or where an unreasonable failure to follow the Acas Code applies, and increased where the *employer* unreasonably failed to follow it (by up to 25% either way). Building a realistic [schedule of loss](/resources/schedule-of-loss-employment-tribunal) early - rather than anchoring on the maximum - is the single best way to understand what your own claim is worth. ## What the data means for your claim Three practical takeaways stand out: **Settlement, not a hearing, is the likely endpoint.** The useful question is rarely "will I win at a full hearing?" but "what is my claim worth in a negotiation, and when is the right point to settle?" Most claimants who recover money do so this way. **The 3% figure is the wrong anchor.** It reflects how rarely claims reach a hearing, not your prospects once there. A documented, well-founded claim is not a 3% gamble. **Your own numbers matter more than the averages.** National medians are a starting point, not a prediction. Your award depends on your salary, service, how long you are out of work, and how the dismissal was handled. Estimating your own range is far more useful than the headline figures. ## Key takeaway The unfair dismissal data tells a consistent story: high and rising claim volumes, most disputes ending in settlement rather than a hearing, and a compensation picture where the median matters far more than the eye-catching maximum. The "3% success rate" is the most misread number in employment law - it describes the shape of the system, not the strength of your case. To understand your own position, look at your own figures: your service, your salary, your loss period, and how your dismissal was handled. _This article is legal information, not legal advice. Figures are drawn from official MoJ and Acas publications and are updated periodically; check the linked sources for the most current data._ --- # Disability Discrimination at Tribunal: What the Data Actually Shows URL: https://aricase.ai/resources/disability-discrimination-claim-data Last updated: 2026-07-01 Quick answer: Disability discrimination is one of the most frequently brought discrimination claims at employment tribunal, and one of the highest-value. Unlike unfair dismissal, discrimination claims need no minimum service, carry no cap on compensation, and can include an award for injury to feelings on top of financial loss. In the most recent published tables (2023/24), the median disability discrimination award was £17,218 and the highest recorded award was £964,465 - substantially above unfair dismissal, because there is no statutory cap and injury to feelings is added. Disability discrimination is one of the most common - and highest-value - types of claim in the employment tribunal system. If you are considering a claim, the data is worth understanding, because disability discrimination behaves very differently from unfair dismissal: no minimum service, no cap on compensation, and an extra award for the distress caused. This guide sets out what the official figures show and what they mean for your own situation. > **Data status - last updated 1 July 2026:** Claim-volume figures are from the [MoJ's Tribunals statistics quarterly: October to December 2025](https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-october-to-december-2025). Compensation figures are from the MoJ's most recently published Employment Tribunal award tables, which cover **2023/24** - 2024/25 award data had not yet been published at the time of writing. The Vento injury-to-feelings bands quoted are the addendum for claims presented on or after **6 April 2026**. Check the linked sources for the latest release. ## How disability discrimination claims are different Most tribunal claims people have heard of - unfair dismissal, redundancy pay, notice - sit under the [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/contents) and come with limits: a qualifying period of service and a cap on compensation. Disability discrimination is different. It sits under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents), which: - **needs no minimum service** - you are protected from day one, and sometimes before employment even begins - **has no cap on compensation** - awards track your actual loss, however large - **adds an award for injury to feelings** on top of financial loss Those three features are why disability claims sit higher in the award tables than unfair dismissal, and why they are often brought alongside an unfair dismissal claim rather than instead of one. The [workplace discrimination guide](/resources/workplace-discrimination) explains the different forms discrimination can take, including failure to make [reasonable adjustments](/resources/reasonable-adjustments-at-work), discrimination arising from disability, and direct and indirect discrimination. ## How common are disability discrimination claims? Disability discrimination is consistently the most frequently brought of the discrimination jurisdictions, ahead of race, sex and age. It has grown as a share of the caseload as awareness of the duty to make reasonable adjustments has risen. Discrimination claims are also a major driver of the record open caseload. Because they are evidence-heavy and often involve medical evidence, they take longer to resolve than the average single claim - which matters when you are deciding whether to bring one. ## What do disability discrimination awards look like? In the most recently published award tables (2023/24): - the **median** disability discrimination award was **£17,218** - the **highest recorded** award was **£964,465** Both figures are well above the equivalent unfair dismissal numbers (a median of £6,746). The reason is structural, not coincidental: there is no cap, and injury to feelings is added on top of financial loss. Compensation in a disability discrimination claim is typically built from: 1. **Financial loss** - lost earnings, lost pension, and other losses flowing from the discrimination, with no statutory cap 2. **Injury to feelings** - a separate award for the distress, upset and humiliation caused 3. **Interest**, and in some cases an uplift for an unreasonable failure to follow the Acas Code 4. Occasionally **aggravated or exemplary damages**, and awards for personal injury such as a diagnosed psychiatric condition ## The Vento bands: how injury to feelings is valued Injury-to-feelings awards follow a framework called the **Vento bands**, updated each April. For claims presented on or after **6 April 2026**: - **Lower band** (one-off or less serious cases): up to around **£12,600** - **Middle band** (cases that do not merit the upper band): **£12,600 to £37,700** - **Upper band** (the most serious cases, such as a lengthy campaign of discrimination): **£37,700 to £62,900** - **Most exceptional cases**: capable of exceeding **£62,900** Which band applies turns on the seriousness and duration of the discrimination and its effect on you, not on your salary. This is why two people on very different pay can receive similar injury-to-feelings awards for similar treatment. The [employment tribunal compensation guide](/resources/employment-tribunal-compensation) covers how the bands interact with financial loss. ## Why the range is so wide The distance between the median (£17,218) and the maximum (£964,465) is enormous, and it reflects genuinely different cases. The very largest awards usually involve: - **career-ending loss** - someone unable to return to comparable work, so future loss of earnings runs for years - **a diagnosed psychiatric injury** attracting a personal-injury element - **upper-band injury to feelings** for a sustained course of discrimination Most claims are not like that. A single failure to make an adjustment, resolved reasonably quickly, sits far lower. As with unfair dismissal, the median is a better guide to a typical outcome than the maximum, and your own figures - your loss, the seriousness and length of the treatment - matter more than any national average. ## What the data means for your claim **No cap and no qualifying period change the calculus.** If your situation genuinely involves disability discrimination, the absence of a service requirement and a compensation cap can make it a materially stronger and higher-value route than unfair dismissal alone - which is why the two are often run together. **Evidence and medical proof do a lot of the work.** Disability claims turn on showing you meet the definition of disability, that the employer knew or should have known, and what adjustments were or were not made. A documented history - occupational health reports, adjustment requests, the employer's responses - is central. See the [reasonable adjustments guide](/resources/reasonable-adjustments-at-work) for what that history should contain. **These claims are slower.** The trade-off for the higher potential value is time and complexity. Many settle through [Acas conciliation](/resources/acas-early-conciliation) precisely because both sides want to avoid a long, contested hearing. ## Key takeaway The disability discrimination data shows a claim type that is both common and high-value: a median award more than double the unfair dismissal median, no cap, no qualifying period, and an extra award for injury to feelings measured by the Vento bands. But the wide range - from a few thousand pounds to close to a million - reflects genuinely different cases. What your own claim is worth depends on the seriousness and length of the treatment, your financial loss, and the strength of your evidence, not on the headline maximums. _This article is legal information, not legal advice. Figures are drawn from official MoJ publications and judicial guidance and are updated periodically; check the linked sources for the most current data._ --- # How to Get Employment Tribunal Help in England and Wales: Your Options Compared URL: https://aricase.ai/resources/employment-tribunal-help-options-compared Last updated: 2026-06-26 Quick answer: There are four main ways to get help with an employment tribunal claim in England and Wales: instruct an employment solicitor (full representation, usually charged by the hour); use a no-win-no-fee solicitor (who takes a percentage of any award); represent yourself using free resources from GOV.UK, ACAS and Citizens Advice; or use a self-serve case-building tool, such as Aricase, that guides you through preparing your own case. Which is right depends on how complex and high-value your claim is, how much you can spend, and how much you want to do yourself. {/* ============================================================================ PUBLISHED 2026-06-26 (owner-authorised; competitor facts verified - see note 2). EDITED 2026-06-26 (owner-approved): added a "Who checks your work" column. The self-serve/competitor cell is deliberately GENERIC ("varies by provider - check each one") - no per-competitor human-review claim. Aricase's own human-check USP stays in the "Where Aricase fits" prose section, not asserted comparatively in the table. Facts re-verified, stamp re-dated 2026-06-26 (see note 2). Maintenance checklist - keep ALL of these true on every edit (lawful UK comparative advertising; see the legal brief p0-fix-...-a3374306d7ca14299.md): 1. Every competitor reference below is NEUTRAL + describes the service MODEL only - no funding figures, no credibility badges, no "not regulated" claim, no specific competitor prices, no logos, no links to competitors. 2. Confirm each provider description still matches their current public positioning. VERIFIED 2026-06-26: Aricase = self-serve E&W; Valla = self-rep tribunal tool, Glasgow-based + GB-wide (do NOT label "E&W focused" - it isn't); Lawhive = SRA-regulated fixed-fee solicitor marketplace (SRA #8003766). Yerty REMOVED 2026-06-26 by owner decision. Re-verify + re-date the stamp if edited. 3. Competitor names appear in BODY only - never in title / H1 / slug / meta. 4. The Aricase row/section reads "AI case-building + human quality check, NOT legal representation or advice" - never implies we are/offer solicitors. 5. Keep the "independent and unaffiliated" line + the dated "correct as of" stamp. Lawful UK comparative advertising (BPRs 2008 + TMA 1994 s.10(6)). ============================================================================ */} If you are facing a problem at work in England or Wales and thinking about an employment tribunal, you do not have to choose between paying thousands for a solicitor and going it completely alone. There are several options in between, and the right one depends on your case. This guide assumes you are at or near the point of needing help with a claim. If you have not yet tried to resolve the problem internally, it is usually worth starting there first - our guide on [what to do before making a tribunal claim](/resources/what-to-do-before-an-employment-tribunal-claim) covers the grievance, appeal and ACAS steps that normally come before this stage. ## The four main options at a glance _Comparison correct as of June 2026. Aricase is independent and unaffiliated with the other providers named below; details describe each service's general model and may change - check each provider directly._ | Option | What it is | Cost model | Who checks your work | Best suited to | |---|---|---|---|---| | **Employment solicitor** | Full advice and representation from a qualified, regulated lawyer who acts for you | Usually charged by the hour, or sometimes a fixed fee | Your solicitor, a regulated professional | Complex, contested or high-value claims where you want a professional to run it for you | | **No-win-no-fee solicitor** | A solicitor who takes an agreed percentage of your compensation if you win, and little or nothing if you lose | A success fee (a percentage of any award), set by agreement | Your solicitor, a regulated professional | Strong, higher-value claims where you cannot fund legal fees up front | | **Representing yourself** | Running your own claim using free public resources (GOV.UK, ACAS, Citizens Advice) | Free - there is currently no fee to lodge a tribunal claim | No one - you check your own work | Confident claimants with simpler claims who are comfortable with deadlines and paperwork | | **Self-serve case-building tools** | Software, some using AI and some offering optional human help, that guides you through preparing your own case. Brands in or around this space include Aricase and Valla, and marketplaces such as Lawhive that connect you to regulated solicitors for fixed-fee tasks | Typically a monthly subscription; marketplaces instead charge a fixed fee per task | Varies by provider - some include human review, some do not; check each one | People who want structure and guidance without the cost of full representation - check each provider's jurisdiction and what is included | ## Instructing an employment solicitor A solicitor gives you advice specific to your situation and can represent you throughout. It is the most hands-off option for you and the most expensive: many employment cases run to thousands of pounds in fees. It tends to make most sense for complex, contested or high-value claims. See our guide to [employment solicitor costs](/resources/employment-solicitor-costs) for what to expect. ## No-win-no-fee Some solicitors take employment cases on a "no win, no fee" basis, taking a percentage of your compensation if you succeed. This removes the up-front cost but reduces what you keep if you win, and firms are selective - they tend to take only stronger, higher-value claims. ## Representing yourself You have the right to represent yourself at an employment tribunal, and many people do. The tribunal process is designed to be more accessible than the civil courts. It is free to lodge a claim, and GOV.UK, ACAS and Citizens Advice publish substantial free guidance. The trade-off is that you carry the work and the responsibility for getting it right - the [tribunal without a solicitor](/resources/tribunal-without-solicitor) guide covers what that involves. ## Self-serve case-building tools A newer option sits between full representation and going it alone: tools that guide you through building your own case. They vary - some focus on document templates, some add AI assistance, and some include an element of human help - so it is worth checking each one's jurisdiction, what is included, and how it charges. ### Where Aricase fits Aricase is an AI case-building platform for employment tribunal claims in England and Wales. It guides you through understanding your claim, gathering evidence and preparing your documents step by step, and a human reviewer checks your case file before you act. It is **AI case-building plus a human quality check - not legal representation or legal advice**, and it cannot represent you at a hearing. For many people who cannot afford a solicitor but need more than a generic guide, it is built for exactly that gap. You can [check your eligibility and get started](/signup) for free. ## So which should you choose? There is no single right answer - it depends on the complexity and value of your claim, your budget, and how much you want to handle yourself. As a rough guide: the more complex or high-value the claim, the stronger the case for professional representation; the simpler and lower-value it is, the more realistic it is to self-represent, with or without a tool to give you structure. --- # Redundancy Claims: What the Data Shows URL: https://aricase.ai/resources/redundancy-claim-data Last updated: 2026-07-01 Quick answer: Redundancy is not a single tribunal claim - it splits into distinct routes. Statutory redundancy pay is a fixed, code-calculated entitlement (up to £751 a week, capped at £22,530 for 2026). Where redundancy is used unfairly - a sham process, unfair selection, or no proper consultation - the claim is unfair dismissal, and the unfair dismissal data guide covers the award ranges. A separate route, the protective award, compensates a failure to collectively consult on 20 or more redundancies and can be worth up to 90 days' gross pay per employee. "Redundancy claim" is a phrase that hides three very different things. Understanding which one applies to you is the first and most important step, because the data, the deadlines and the money are different for each. This guide sets out what the figures show across the three routes: statutory redundancy pay, unfair dismissal through an unfair redundancy, and the protective award for a failure to consult. > **Data status - last updated 1 July 2026:** Statutory figures are from the Employment Rights (Increase of Limits) Order in force from **6 April 2026**. Claim-volume figures are from the [MoJ's Tribunals statistics quarterly: October to December 2025](https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-october-to-december-2025). There is no single "redundancy" award table, because redundancy disputes are counted under redundancy pay, unfair dismissal, and protective-award jurisdictions separately. Check the linked sources for the latest data. ## Route one: statutory redundancy pay (a fixed entitlement) If you are genuinely made redundant with at least two years' service, you are entitled to a **statutory redundancy payment**. This is not something you argue for at a hearing - it is a fixed sum your employer must pay, calculated from three things: - your **age** across each year of service - your **length of service**, capped at 20 years - a **week's pay**, capped at **£751** for 2026 That gives a **maximum statutory redundancy payment of £22,530** (£751 x 20 years x the maximum 1.5 weeks per year for older service). Most payments are well below the maximum. You can work out your own figure with the [redundancy pay calculator](/tools/redundancy-pay-calculator), and the [redundancy pay guide](/resources/redundancy-pay-explained) explains the age multipliers and what counts as continuous service. The tribunal only gets involved here if your employer refuses to pay, underpays, or disputes your length of service. Those claims are usually about arithmetic and dates, not fairness. ## Route two: unfair redundancy (an unfair dismissal claim) Redundancy is one of the five potentially fair reasons for dismissal - but only if it is done properly. Where it is not, the dismissal can be unfair, and the claim runs as an ordinary [unfair dismissal](/resources/unfair-dismissal) claim. Tribunals look at whether: - there was a **genuine redundancy situation** (a real reduction in the need for that work), rather than a redundancy label used to remove someone - the **selection pool and criteria** were fair and objectively applied - there was **meaningful consultation** with you before the decision was finalised - the employer considered **suitable alternative employment** If any of these fails, the "redundancy" can be an unfair dismissal. Because it is an unfair dismissal claim, the outcomes mirror the unfair dismissal data: most claims settle or are withdrawn, and the [unfair dismissal award data](/resources/unfair-dismissal-claim-data) applies - a median award of £6,746 in the most recent published tables, with a wide range around it. The compensatory award for claims presented on or after 6 April 2026 is generally capped at £123,543 or 52 weeks' gross pay, whichever is lower. A redundancy payment you have already received is normally set off against the basic award, so being paid statutory redundancy does not stop you claiming unfair dismissal - but it affects the sums. ## Route three: the protective award (failure to consult) Where an employer proposes **20 or more redundancies at one establishment within 90 days**, it has extra duties under [section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992](https://www.legislation.gov.uk/ukpga/1992/52/section/188): it must collectively consult with a recognised trade union or elected employee representatives, for a minimum period, and notify the Secretary of State. If it fails to consult properly, affected employees can claim a **protective award of up to 90 days' gross pay each**. This is uncapped by the week's-pay limit - it is based on actual gross pay - which makes it one of the higher-value redundancy outcomes, especially in large-scale or poorly-handled redundancy exercises. It has no two-year qualifying requirement, and it is separate from both statutory redundancy pay and any unfair dismissal claim. ## Which route (and deadline) applies to you? The three routes have different time limits, and mixing them up is a common and costly mistake: - **Unfair dismissal** (including unfair redundancy): the deadline is 3 months less 1 day from the dismissal date, after starting [Acas Early Conciliation](/resources/acas-early-conciliation). - **Statutory redundancy pay disputes**: generally 6 months from the dismissal, with a further discretionary period in limited cases. - **Protective award**: 3 months from the last of the dismissals (or the date they take effect). Check your own dates with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator) and read the [deadlines guide](/resources/employment-tribunal-deadlines) - because most routes are barred once the deadline passes. ## What the data means for your situation **Identify which claim you actually have.** The word "redundancy" is doing a lot of work. If your employer paid the right redundancy sum and ran a genuine, fair process, there may be no claim - just an entitlement that was correctly met. If the process was a sham, the pool was rigged, or you were not consulted, the claim is unfair dismissal. If you were one of many and there was no collective consultation, look at the protective award. **Settlement is common here too.** As with unfair dismissal, most contested redundancy claims resolve by negotiation - often through a [settlement agreement](/resources/settlement-agreements-guide) offered during or after the process - rather than at a hearing. **Automatic unfairness raises the stakes.** If you were selected for a reason like pregnancy, whistleblowing or union activity, the two-year qualifying period falls away and the claim is stronger. Discriminatory selection under the Equality Act 2010 carries no cap and no qualifying period. ## Key takeaway There is no single "redundancy claim" and no single redundancy figure. Statutory redundancy pay is a fixed, calculable entitlement worth up to £22,530. An unfair redundancy is an unfair dismissal claim, with the same median and range as any unfair dismissal. And a failure to collectively consult can be worth up to 90 days' pay per employee through a protective award. The most important thing the data shows is that these are three different claims with three different deadlines - so working out which one fits your situation comes first. _This article is legal information, not legal advice. Figures are drawn from official statutory sources and MoJ publications and are updated periodically; check the linked sources for the most current data._ --- # What to Do Before Making an Employment Tribunal Claim URL: https://aricase.ai/resources/what-to-do-before-an-employment-tribunal-claim Last updated: 2026-06-26 Quick answer: You rarely need to go straight to a tribunal. Before making a claim there are usually several steps worth trying: work out whether you actually have a claim and what your deadline is; raise the problem informally with your manager or HR; if that does not work, put it in writing as a formal grievance; appeal if the grievance is rejected; and go through ACAS Early Conciliation, which is a free and mandatory step before you can file an ET1 claim form. Many problems are resolved at one of these stages without ever reaching a hearing. Keep one eye on your tribunal time limit throughout, because most of these steps do not pause it - only ACAS Early Conciliation does. In England and Wales a claim only begins when you file a form called the ET1 - and before you ever get there, several other things usually happen. Many problems are resolved at one of those earlier stages, without a hearing, and trying them first is often both quicker and stronger for you if the matter does end up at tribunal. This guide walks through the steps that sit **before** the ET1, in the order they usually happen. None of them require a solicitor, and most are free. ## The ET1 is the line - these steps come before it It helps to picture a ladder. At the top is the formal tribunal claim, which starts when you submit the ET1 form. Everything below is about trying to understand and resolve the problem first: 1. Work out whether you have a claim - and your deadline 2. Raise it informally 3. Raise a formal grievance 4. Appeal if the grievance is rejected 5. Go through ACAS Early Conciliation Only the last of these is legally required, but each one can resolve the problem on its own, and each one strengthens your position if it does not. The sections below take them in turn. ## Step 1: Work out whether you have a claim - and your deadline Before raising anything, it is worth getting clear on two things: whether what happened could actually amount to an employment law claim, and how long you have to act. Not every unfair or upsetting experience at work is something a tribunal can deal with, and the claims that do exist - unfair dismissal, discrimination, unpaid wages, and so on - each have their own rules. Just as important is the **time limit**: most claims must be started within about three months less one day of the act you are complaining about, and that clock keeps running while you try to sort things out internally. Understanding your situation early stops you from accidentally running it down. This is the stage where [Aricase](/signup) is built to help. It guides you through understanding whether you have a claim, what it is worth, and what your deadline is, then helps you build your case step by step - with a human quality check before you act. It is **AI case-building plus a human quality check, not legal advice or representation**, and it is free to check your eligibility. ## Step 2: Raise it informally first The simplest step is often the most effective. Speak to your line manager, or to HR, or put a short, factual note in writing setting out the problem and what you would like done about it. A surprising number of workplace problems are misunderstandings, one-off mistakes, or things the employer simply did not know about - and they get fixed once raised. An early, calm conversation also creates a record that you tried to resolve it sensibly, which reflects well on you later if the matter escalates. If raising it informally does not work, you have lost nothing and moved on to the next rung. ## Step 3: Put it in writing - a formal grievance If the informal route does not resolve it, the next step is a **formal grievance**: a written complaint that triggers your employer's formal grievance procedure. A good grievance letter states clearly that it is a formal grievance, sets out the facts in date order with names, says which right or policy was breached, and states the outcome you want. Our guide on [how to write a grievance letter](/resources/how-to-write-a-grievance-letter) walks through it line by line. Raising a grievance is not a legal precondition for a tribunal claim, but the [ACAS Code of Practice](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures) expects both sides to try to resolve disputes this way - and a tribunal can reduce compensation by up to 25 percent for a party that unreasonably ignores it. One thing to watch: **raising a grievance does not pause your tribunal deadline.** The clock keeps running while the grievance is dealt with, so keep track of your time limit separately. ## Step 4: Appeal if your grievance is rejected If the grievance outcome does not resolve things, you usually have the right to **appeal** to someone more senior or more independent. It is worth taking, even if you doubt it will succeed. An appeal gives the employer a final fair chance to put the matter right, and it shows a tribunal that you followed the process properly. If you were also subject to a disciplinary process, the same principle applies - see our guide to [disciplinary hearing rights](/resources/disciplinary-hearing-rights) for what a fair process looks like. ## Step 5: ACAS Early Conciliation - the last step before a claim This is the one step you cannot skip. Before you can file an ET1, you are legally required to notify **ACAS** and go through **Early Conciliation** - a free, confidential service where a neutral conciliator tries to help you and your employer settle without a hearing. Two things make this step different from the others: - **It is mandatory.** You cannot file a tribunal claim without an ACAS Early Conciliation certificate reference number. - **It pauses your deadline.** The moment you notify ACAS, the clock on your tribunal time limit stops, which is why notifying early matters. Our full guide to [ACAS Early Conciliation](/resources/acas-early-conciliation) explains exactly how it works, how long it takes, and what a settlement (a COT3) involves. If you do settle here, the dispute usually ends without a claim at all. ## Why trying these steps first helps you Working through these steps is not just a formality on the way to a tribunal - it often changes the outcome: - **Many disputes settle without a hearing.** Most workplace problems are resolved through an informal conversation, a grievance, or ACAS conciliation. A tribunal is slow, stressful and uncertain for both sides, so there is usually a genuine appetite to avoid one. - **It protects your compensation.** Tribunals must take the [ACAS Code of Practice](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures) into account. If your employer unreasonably ignores it, a tribunal can increase your award by up to 25 percent - but if you unreasonably skip the steps, it can cut your award by the same amount. - **It builds your evidence.** Every grievance, appeal and reply creates a dated paper trail. If the matter does reach a tribunal, that contemporaneous record is often the backbone of your case - far stronger than reconstructing events from memory months later. In short, the steps below are worth taking on their own merits, whether or not you ever file a claim. ## Keep one eye on your deadline throughout The single most important thing to carry through all of these steps is your **time limit**. Most claims must be started within roughly three months less one day, and - apart from ACAS Early Conciliation - none of the steps above pauses that clock. It is entirely possible to do everything right internally and still miss your deadline because a grievance and appeal took weeks. Check your time limit at the very start, and read our [employment tribunal deadlines](/resources/employment-tribunal-deadlines) guide for the rules and worked examples. If in doubt, notify ACAS sooner rather than later to pause the clock. ## If none of this resolves it: making a tribunal claim If you have raised the problem, been through a grievance and appeal, and ACAS Early Conciliation has not settled it, then a tribunal claim is the next step. That is the point where you cross the line from "trying to resolve it" to "making a claim": - **File the ET1.** This is the form that starts the claim. Our guide on [how to write the ET1 form](/resources/how-to-write-et1-form) covers what to put where. - **Know what comes next.** The [employment tribunal process step by step](/resources/employment-tribunal-process-step-by-step) guide sets out everything from filing to hearing. - **Decide how to run it.** You can represent yourself, use a self-serve case-building tool, or instruct a solicitor. Our guide comparing [your options for tribunal help](/resources/employment-tribunal-help-options-compared) weighs up which suits which kind of claim. Most people never need every rung of this ladder. But knowing the order they come in - and that the ET1 sits at the top, not the bottom - helps you act calmly, protect your position, and give the problem its best chance of being resolved before it ever reaches a hearing. --- # The Employment Tribunal Process, Step by Step: What Happens and When URL: https://aricase.ai/resources/employment-tribunal-process-step-by-step Last updated: 2026-06-25 Quick answer: An employment tribunal claim in England and Wales runs through a set sequence: ACAS Early Conciliation (up to 12 weeks), then the ET1 claim form, the employer's ET3 response (due 28 days after the tribunal sends the claim), a case management stage that may include a preliminary hearing, then disclosure of documents, an agreed bundle and exchanged witness statements, and finally the hearing where a judge decides the case. Most claims that reach a final hearing take well over a year from start to finish, and the large majority settle or are withdrawn before they get there. ![The seven stages of an employment tribunal claim shown as a numbered timeline: ACAS Early Conciliation, the ET1 claim form, the employer's ET3 response, a preliminary or case-management hearing, disclosure and witness statements, the final hearing and the judgment or remedy](/guides/guide-employment-tribunal-stages.png "The seven stages of an employment tribunal claim, from ACAS Early Conciliation through to judgment and remedy") Knowing the order of events takes a lot of the fear out of an employment tribunal claim. The process in England and Wales follows a fixed sequence set out in the [Employment Tribunal Procedure Rules 2024](https://www.legislation.gov.uk/uksi/2024/1155/contents/made), and while the timing of each stage varies, the stages themselves rarely change. This guide walks through the whole journey, from the first contact with ACAS to the judgment, and gives a realistic sense of how long each part typically takes. The timeline above is the spine of the process. The sections below explain what actually happens at each stage, and link to the in-depth guides for the steps that deserve a closer look. ## Before the claim: ACAS Early Conciliation For most claims, the journey does not start at the tribunal at all - it starts with ACAS. Under [section 18A of the Employment Tribunals Act 1996](https://www.legislation.gov.uk/ukpga/1996/17/section/18A), you must notify ACAS and go through **Early Conciliation** before you can issue a claim. A small number of claim types are exempt, but most people have to take this step. Early Conciliation is a free, confidential attempt to settle the dispute without a hearing. A conciliator contacts both sides to see whether an agreement is possible. For cases notified to ACAS on or after 1 December 2025, the process can run for **up to 12 weeks** ([SI 2025/1153](https://www.legislation.gov.uk/uksi/2025/1153/made)). It can end sooner if both sides agree there is nothing to discuss. Crucially, contacting ACAS **pauses your tribunal time limit** while conciliation runs, and you receive a certificate at the end with a reference number you need to bring a claim. The [ACAS Early Conciliation guide](/resources/acas-early-conciliation) explains this stage in full. ## Starting the claim: the ET1 If conciliation does not resolve things, you start the claim by submitting form **ET1** to the tribunal. This sets out who you are claiming against, what happened, and what you are claiming. The [ET1 claim form guide](/resources/how-to-write-et1-form) walks through completing it. The single most important thing at this stage is the deadline. For most claims the current time limit is **3 months less 1 day** from the event you are complaining about, though the Employment Rights Act 2025 is expected to extend this to **6 months for most claims** (targeted for around October 2026, but not yet in force and dependent on commencement regulations - breach of contract claims are expected to stay at 3 months). Because the exact date depends on your circumstances and the rules are changing, work out your own deadline with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator) and read the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) rather than relying on a general figure. Missing the deadline almost always bars the claim. ## The employer responds: the ET3 Once your claim is accepted, the tribunal sends a copy to the employer (the respondent). Under the 2024 Procedure Rules, the respondent has **28 days from the date the tribunal sent the claim** to file their response on form **ET3**. So if the tribunal sent the claim on 1 October, the response is due by 29 October. The ET3 sets out which parts of the claim the employer accepts or disputes and the grounds of their defence. If no response is filed in time, the tribunal can decide the claim without one. ## Getting the case ready: case management With both sides' positions on the table, the tribunal sets directions for how the case will be prepared. This may happen on paper, or at a **preliminary hearing** - a short, usually private hearing to sort out practical matters, narrow the issues, or decide a preliminary point such as whether a claim was brought in time. Not every case has one. The directions (often called case management orders) set the timetable for the next stages and fix the date of the final hearing. From here, preparation runs to that timetable. ## Building the evidence: disclosure, bundle and witness statements This is where most of the work happens, and it follows the tribunal's orders: - **Disclosure of documents.** Both sides exchange the documents relevant to the case - good and bad - so that nothing relevant is hidden. The [employment tribunal evidence guide](/resources/employment-tribunal-evidence) explains what this involves. - **The hearing bundle.** The relevant documents are compiled into a single agreed, paginated bundle that everyone, including the judge, works from at the hearing. - **Witness statements.** Each side writes the written evidence of its witnesses and the statements are exchanged, usually simultaneously, before the hearing. There is no fixed statutory clock for these steps - they run to the dates the tribunal sets, which is why staying on top of the orders matters. ## The final hearing and judgment At the **final hearing**, an employment judge (sometimes sitting with two non-legal panel members) hears the evidence. Witnesses give their evidence and are cross-examined, both sides make their arguments, and the tribunal decides whether the claim succeeds. Remedy - usually compensation - may be decided at the same hearing or at a separate one. The [guide to what happens at the hearing](/resources/what-happens-at-employment-tribunal-hearing) covers the day itself in detail. The wait for a final hearing date is often the longest part of the whole process, and tribunal backlogs mean it is frequently a year or more from the ACAS notification before a case is heard. ## How long does the whole process take? Putting the stages together, a claim that goes all the way to a final hearing commonly takes **well over a year**. Early Conciliation alone can take up to 12 weeks, the response and case management stages add a few months, and the hearing itself is usually scheduled many months further out. The [tribunal statistics guide](/resources/employment-tribunal-statistics) shows current waiting times and outcomes. It is worth keeping in mind that most claims never reach a final hearing - they settle through ACAS or a [settlement agreement](/resources/settlement-agreements-guide), or are withdrawn, at some point along the way. The full sequence above is the map; many journeys end before the last stop. For a broader overview of what a tribunal is and the types of claim it hears, see the [employment tribunal hub guide](/resources/employment-tribunal), and if you are weighing up representing yourself, the [tribunal without a solicitor guide](/resources/tribunal-without-solicitor) walks through doing it alone, and our guide comparing [your options for tribunal help](/resources/employment-tribunal-help-options-compared) weighs up which suits which kind of claim. --- *This article is legal information, not legal advice. Tribunal procedure and time limits change - the Employment Rights Act 2025 reforms in particular take effect on different dates - so always check the current position on GOV.UK and with ACAS, and verify your own deadline before relying on any timescale here.* --- # Representing Yourself at Tribunal: How to Get Through It Without It Breaking You URL: https://aricase.ai/resources/self-representation-wellbeing Last updated: 2026-06-25 Quick answer: Representing yourself at an employment tribunal is a long, emotionally demanding process - often 12 months or more of waiting, paperwork and reliving difficult events. Protecting your wellbeing is not a luxury; it directly affects how clearly you can think and how well you present your case. Practical steps help: separate the claim from the rest of your life with set 'case time', keep an organised system so the process feels contained, lean on free support (Acas, your GP, support lines), and remember that most claims settle - so this rarely ends in a dramatic courtroom showdown. Almost every guide to employment tribunals focuses on the law and the procedure. This one is about you - the person carrying the claim. Representing yourself is not just a legal task; it is an emotional one, often taken on at the hardest point in your working life. How you look after yourself through it is not separate from how well you do: a clear head presents a better case than an exhausted, overwhelmed one. This guide offers practical ways to get through the process while staying effective and staying well. > **Why this matters:** a tribunal claim is a marathon, frequently lasting a year or more. The [self-representation guide](/resources/tribunal-without-solicitor) covers the legal side; this one covers the equally important business of not letting the claim consume you. ## It is normal to find this hard If you are finding the process overwhelming, that is not a weakness or a sign your case is weak. A tribunal claim asks you to do several genuinely difficult things at once: - **relive the events** that harmed you, in detail, repeatedly - **manage financial pressure** if you are out of work - **learn an unfamiliar system** with strict rules and deadlines - **wait**, often for many months, without control over the timeline - **face an adversarial process** where the other side is trying to undermine your account Feeling anxious, angry, tearful or numb in response to that is a normal reaction to an abnormal situation. Naming it, rather than fighting it, is the first step to managing it. ## Separate the claim from the rest of your life The single most useful habit is to stop the claim from bleeding into every hour of your day. It expands to fill whatever space you give it, and answering emails about your worst experience at 11pm helps neither your wellbeing nor your case. - **Set "case time".** Choose specific, bounded times to work on the claim - say two evenings a week - and try to keep it out of the rest. - **Create a physical or digital boundary.** Keep case papers in one folder you can close, not spread across the kitchen table as a constant reminder. - **Protect your sleep.** Avoid case work right before bed; the stress and adrenaline make rest harder exactly when you need it most. You are allowed to have hours, and days, where the claim does not exist. ## Let organisation do the emotional work A surprising amount of tribunal stress comes not from the law but from the fear of missing something. A good system converts that free-floating anxiety into something contained and manageable: - **Keep a chronology** - a simple dated timeline of what happened. It is the backbone of your witness statement and schedule of loss, and writing it once means you are not re-remembering it constantly. - **Keep a deadline list** from the tribunal's orders, checked weekly, so nothing sneaks up on you. - **Keep one master folder** of documents, so you are never frantically searching. When the process feels contained, it stops feeling like a threat hanging over everything. The [documents guide](/resources/documents-in-your-tribunal-claim) and the [step-by-step process guide](/resources/employment-tribunal-process-step-by-step) can help you build that structure. ## Remember how most claims actually end Many people carry a mental image of a dramatic courtroom showdown, facing their former employer across a room while being torn apart. It is worth knowing that this is **not** how most claims end. The data is clear: the large majority of claims settle through [Acas conciliation](/resources/acas-early-conciliation) or are withdrawn before a final hearing, and only a small minority are decided by a judge after full evidence. (The MoJ's December 2025 figures also show the single-claim open caseload at a record high, which is why most claims now take well over a year to reach a hearing - a long wait, but also a lot of time in which a settlement can happen.) The [tribunal statistics guide](/resources/employment-tribunal-statistics) sets out the numbers. Knowing that the most likely outcome is a negotiated resolution - not a confrontation - can take a great deal of fear out of the process. And if your case does reach a hearing, the [hearing guide](/resources/what-happens-at-employment-tribunal-hearing) explains what actually happens, which is usually far more procedural and less dramatic than people imagine. ## Use the support that exists - it is not weakness You are representing yourself, but that does not mean carrying everything alone. Free support is available on both the practical and emotional sides: - **Acas** - impartial guidance on the process and conciliation, and a helpline - **Your GP** - if the stress is affecting your sleep, health or ability to function, this is a medical issue worth raising, and a fit note or support can matter - **Mind and Samaritans** - emotional support, including if things feel very dark - **Citizens Advice** - help with the money, benefits and housing worries that often sit alongside a claim - **Trusted people** - a friend or family member who can read a draft, come to a hearing, or just listen Asking for help is what capable people do under pressure, not what failing ones do. ## Look after the basics None of this is groundbreaking, but under sustained stress the basics are the first things to slip and the most important to protect: - **Move** - even a short daily walk measurably lowers stress - **Stay connected** - isolation makes everything heavier; keep seeing people - **Watch what you lean on to cope** - the short-term relief habits often compound the stress over time - **Mark the small wins** - a filed document, a completed statement. Progress is progress ## Key takeaway Representing yourself at tribunal is a long, demanding process, and looking after yourself through it is not separate from doing it well - it is part of doing it well. Contain the claim with set case time and a good system, lean on the free support that exists, and hold on to the fact that most claims end in a negotiated resolution, not a courtroom battle. You are doing something genuinely hard, at a hard time. Pacing yourself and protecting your wellbeing is not a distraction from the case - it is what lets you see it through. _This article is general information about wellbeing and the tribunal process, not legal or medical advice. If you are struggling, please speak to your GP or contact one of the support services linked above. In a crisis, call the Samaritans on 116 123._ --- # ADHD and Neurodivergence at Work: Your Rights and Adjustments URL: https://aricase.ai/resources/adhd-neurodivergence-work-rights Last updated: 2026-06-24 Quick answer: Neurodivergent conditions such as ADHD, autism, dyslexia and dyspraxia can count as a disability under the Equality Act 2010 where they have a substantial and long-term adverse effect on normal day-to-day activities. If they do, you are protected from discrimination, your employer must make reasonable adjustments, and you do not need any minimum length of service or a formal diagnosis to be protected. You are also protected from being treated unfavourably because of something arising from the condition, and from harassment related to it. Work is not always built for the way neurodivergent people think, focus and communicate - and the gap between "trying hard" and "meeting expectations" can be exhausting and demoralising. The good news is that the law offers real protection, and you do not need a formal diagnosis or years of service to have it. This guide explains when ADHD, autism and other neurodivergent conditions count as a disability, what adjustments you can ask for, and what to do if you are treated unfairly. > **The key legal point:** a neurodivergent condition is protected under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) if it has a **substantial and long-term adverse effect** on your normal day-to-day activities. If it does, you have the same protection as any other disabled worker - from day one, with no minimum service and no cap on compensation. See the [reasonable adjustments guide](/resources/reasonable-adjustments-at-work) for the duty in detail. ## When is a neurodivergent condition a disability? Conditions like **ADHD, autism, dyslexia, dyspraxia, dyscalculia and Tourette's** are not automatically disabilities in law - but they frequently meet the definition. Under the Equality Act, a disability is a physical or mental impairment with a **substantial** (more than minor or trivial) and **long-term** (lasting, or likely to last, at least 12 months) adverse effect on your ability to carry out **normal day-to-day activities**. Three things are worth knowing: - **No diagnosis is required.** Protection turns on the effect of the condition, not on a piece of paper. You can be protected while on an NHS waiting list. - **The effect is judged without medication or coping strategies.** The question is what the effect *would* be without the help you use to manage it - so "I cope by masking and over-preparing" does not remove protection. - **It is assessed on you, not the label.** Two people with the same diagnosis may be affected very differently. ## What protection do you have? If your condition meets the definition, the Equality Act protects you in several distinct ways: - **Direct discrimination** - being treated worse because of the disability - **Discrimination arising from disability** - being treated unfavourably because of something that *arises* from it (for example, disciplining you for lateness or missed deadlines caused by ADHD), unless the employer can objectively justify it - **Failure to make reasonable adjustments** - the employer not taking reasonable steps to remove a disadvantage - **Indirect discrimination** - a policy that puts neurodivergent people at a particular disadvantage - **Harassment** - unwanted conduct related to the disability that creates a hostile or degrading environment - **Victimisation** - being punished for raising a discrimination concern Crucially, none of this needs two years' service, and compensation is uncapped and can include an award for injury to feelings. The [workplace discrimination guide](/resources/workplace-discrimination) explains these forms in more detail. ## Reasonable adjustments that often help The duty to make **reasonable adjustments** is the practical heart of these rights. The employer must take reasonable steps to remove the disadvantage the condition causes. What is "reasonable" depends on you, your role and the employer's size and resources, but common adjustments for neurodivergent workers include: - **Written follow-ups** to verbal instructions and meetings - **A quieter workspace**, a desk away from high-traffic areas, or noise-cancelling headphones - **Flexible hours or core-hours working**, and adjustments to start times - **Structured, clearly-prioritised tasks** and deadlines, broken into steps - **Extra time, a quiet room, or a different format** for tasks, training and assessments - **Changes to how supervision and feedback are given** - more regular, more specific, less ambiguous - **Recruitment and probation adjustments** - such as interview questions in advance, or skills-based tasks instead of high-pressure interviews The [Access to Work scheme](https://www.gov.uk/access-to-work) can fund some support and equipment, and a request to it can sit alongside your workplace adjustments. ## How to ask for adjustments You do not need to frame a formal legal request - a clear, practical conversation is often enough. But it helps to: 1. **Put the request in writing**, so there is a record of what you asked for and when 2. **Focus on the barrier and the fix** - "background noise makes it hard to concentrate, so I would find headphones and a quieter desk helpful" - rather than only the diagnosis 3. **Make the employer aware of the condition** and its effects, since the duty depends on the employer knowing, or reasonably being expected to know 4. **Suggest specific adjustments**, and be open to alternatives that remove the same barrier 5. **Keep a record** of the request, the response, and how any agreed adjustments work in practice If a request is refused or ignored, a [grievance](/resources/how-to-write-a-grievance-letter) is often the next step, and creates a paper trail. ## If you are disciplined or dismissed Neurodivergent workers are sometimes performance-managed or disciplined for things that flow directly from their condition - lateness, missed deadlines, communication style, or "attitude". Where the conduct arises from a disability the employer knows about, treating you unfavourably for it can be **discrimination arising from disability** unless the employer can justify it, and a failure to consider adjustments first is often central. If you are facing a disciplinary process, the [disciplinary hearing rights guide](/resources/disciplinary-hearing-rights) sets out a fair process, and it is important to make the link between the conduct and your condition explicit and in writing. If things have reached the point of dismissal, or you are considering resigning because adjustments have been refused, the [unfair dismissal](/resources/unfair-dismissal) and [constructive dismissal](/resources/constructive-dismissal-explained) guides explain those routes - and remember that a discrimination claim needs no qualifying period. ## Key takeaway ADHD, autism and other neurodivergent conditions often meet the legal definition of a disability - and where they do, you are fully protected from your first day, with no need for a formal diagnosis. You can ask for reasonable adjustments to remove the barriers the condition creates, and being treated unfavourably for something arising from it can be unlawful. The most useful first steps are practical: make the employer aware, put your adjustment requests in writing, and keep a record. You do not have to become a legal expert to stand up for how you work best. _This article is legal information, not legal advice. Whether a specific condition meets the definition of disability depends on its effect on you; check the current position via the official sources linked above, or contact Acas._ --- # Reasonable Adjustments at Work: Your Rights If Refused URL: https://aricase.ai/resources/reasonable-adjustments-at-work Last updated: 2026-06-24 Quick answer: Reasonable adjustments at work are changes an employer must make under the Equality Act 2010 so that a disabled worker is not put at a substantial disadvantage compared with non-disabled colleagues. The duty is triggered once the employer knows, or could reasonably be expected to know, about the disability. If your employer refuses a reasonable adjustment, you can raise a grievance and, if that does not resolve it, bring a failure to make reasonable adjustments claim at an employment tribunal - usually within three months less one day of the refusal. Disability discrimination is now one of the most common reasons people bring employment tribunal claims in England and Wales, and a large share of those claims come down to a single issue: an employer that would not make a **reasonable adjustment**. If you are disabled and your workplace, hours or duties put you at a disadvantage that a change could fix, your employer is under a legal duty to make that change - and refusing a reasonable one can be unlawful. This guide focuses on the practical position of a worker who needs an adjustment; for the wider picture of disability as a protected characteristic and how it sits alongside the other forms of discrimination, see the [workplace discrimination guide](/resources/workplace-discrimination). ## What are reasonable adjustments? A **reasonable adjustment** is a change an employer makes so that a disabled person is not put at a **substantial disadvantage** compared with people who are not disabled. The duty comes from [section 20 of the Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/section/20), and a failure to comply with it is itself a form of discrimination under [section 21](https://www.legislation.gov.uk/ukpga/2010/15/section/21). "Substantial" here means more than minor or trivial. The point of the duty is to level the playing field - not to give an advantage, but to remove a disadvantage that the disability, combined with how the job is arranged, would otherwise cause. The duty is **anticipatory in spirit but practical in operation**: it bites in relation to the individual disabled worker and what they actually need, once the employer is on notice of the disadvantage. ## When the duty applies The duty arises in three situations under the Equality Act 2010. An employer must consider adjustments where: 1. **A provision, criterion or practice** - a way the employer does things, such as a rule, a policy, or how shifts are allocated - puts a disabled worker at a substantial disadvantage. 2. **A physical feature** of the workplace - steps, lighting, layout - puts them at a substantial disadvantage. 3. **The absence of an auxiliary aid** - a piece of equipment or support, such as a screen reader or a support worker - puts them at a substantial disadvantage. Crucially, the duty is only triggered once the employer **knows, or could reasonably be expected to know,** both that you are disabled and that you are at a substantial disadvantage. That is why getting your condition and its effects in writing matters so much - it closes off any later argument that the employer did not realise. Whether your condition counts as a disability turns on the Equality Act test - a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities, including many mental health conditions. The [workplace discrimination guide](/resources/workplace-discrimination) sets out that definition in full, so it is not repeated here. ## What counts as "reasonable"? The employer only has to make adjustments that are **reasonable**, and reasonableness is judged objectively. Tribunals have typically weighed factors such as: - how effective the adjustment would be in removing the disadvantage - how practical it is to make - the cost, and the disruption involved - the employer's size and financial resources - the availability of outside help, such as Access to Work funding Cost on its own is rarely a complete defence for a larger, well-resourced employer, particularly where the adjustment is inexpensive and clearly effective. A small business with very limited means is in a different position - but it still has to engage with the request rather than dismiss it out of hand. ## Common examples of reasonable adjustments What is reasonable is fact-specific, but adjustments that have been made in similar situations include: - changing working hours or allowing flexible or remote working - a phased return to work after sickness absence - providing specialist equipment, software or an ergonomic workstation - allowing additional or more frequent breaks - reallocating minor duties that cause particular difficulty - adjusting or relaxing performance targets during a period of ill health - moving someone to a more suitable role or location The right adjustment is the one that addresses your specific disadvantage - there is no fixed list, and an employer cannot refuse simply because a change is unusual. ## How to request a reasonable adjustment You do not have to use any magic words or even the phrase "reasonable adjustment" - but putting the request **in writing** is sensible, because it creates a clear record of what you asked for and when. In similar situations, a clear request tends to set out: - your condition and that it amounts to a disability (without needing a formal diagnosis label) - the specific difficulty or disadvantage you are experiencing at work - the adjustment you are asking for, and how it would help Asking your employer to obtain an **occupational health** assessment is often a constructive step - it produces an independent view of what you need and makes it far harder for the employer to claim ignorance of the disadvantage. ## What to do if your employer refuses A refusal, or a long silence, is not the end of the road. The steps taken in similar situations tend to follow a clear order: ![Flow diagram of what to do if a reasonable adjustment is refused: request it in writing, get the refusal in writing, raise a grievance, gather evidence, then bring a failure to make reasonable adjustments claim within three months less one day](/guides/guide-reasonable-adjustments-process.png "The steps from requesting a reasonable adjustment to a tribunal claim if it is refused") 1. **Get the refusal in writing.** Ask for the decision and the reasons in an email if they have only been given verbally. This pins down what was refused and why. 2. **Raise a formal grievance.** Set out the adjustment, the disadvantage it would remove, and why you say the refusal is unreasonable. A grievance engages the ACAS Code and often produces written reasons that become useful evidence. The [grievance letter guide](/resources/how-to-write-a-grievance-letter) covers what to include. 3. **Build your evidence.** Keep occupational health reports, GP or specialist letters, your written requests, and the employer's responses. [Contemporaneous evidence](/resources/employment-tribunal-evidence) - created at the time - carries far more weight than recollections later. 4. **Consider a tribunal claim** if the grievance does not resolve it. ## Bringing a tribunal claim A claim for **failure to make reasonable adjustments** is a disability discrimination claim under the Equality Act 2010. Two features matter especially: **There is no qualifying period.** Unlike most unfair dismissal claims, you do not need two years' service - the protection applies from day one of employment. **The time limit is strict.** A discrimination claim must generally be started within **3 months less 1 day** of the act complained of - here, the failure to make the adjustment. Working out the right date when a refusal is ongoing can be genuinely difficult, so calculate it carefully and start [ACAS Early Conciliation](/resources/acas-early-conciliation) well before it expires. The [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) explains how the timing works. If a claim succeeds, **compensation for disability discrimination is uncapped** - there is no statutory ceiling of the kind that limits ordinary unfair dismissal awards. It can include financial losses and an **injury to feelings** award under the Vento bands. How those awards are valued is set out in the [compensation guide](/resources/employment-tribunal-compensation). ![Vento bands for injury to feelings in discrimination claims: a lower band for isolated acts, a middle band for more serious cases, and an upper band for the most serious, such as a sustained course of conduct](/guides/guide-vento-bands-injury-to-feelings.png "The Vento bands used to value injury-to-feelings awards in discrimination claims, including failure to make reasonable adjustments") ## Key takeaway If a change at work would remove a disadvantage your disability causes, your employer has to give it serious, reasoned consideration - not refuse out of habit or cost alone. Put your request and the disadvantage in writing, ask for occupational health input, and if you are refused, raise a grievance and keep every document. Those records are what turn a refusal into a claim a tribunal can act on - and because the compensation is uncapped, getting the case built and checked properly is worth the care. Calculate your deadline early: the 3-months-less-1-day limit is strict, and it is the one thing a strong case cannot survive missing. --- *This article is legal information, not legal advice. The Equality Act figures and the Vento band ranges change regularly - always check the current position with GOV.UK, ACAS and the EHRC before relying on it.* --- # Remote and Hybrid Working: Your Employment Rights Explained URL: https://aricase.ai/resources/remote-hybrid-work-rights Last updated: 2026-06-23 Quick answer: You do not have an automatic legal right to work from home, but you do have the right to request flexible working from day one, and your employer must handle that request reasonably and can only refuse for specific business reasons. Whether your employer can force you back to the office depends on your contract: if home or hybrid working is a contractual term, changing it needs your agreement. A blanket return-to-office mandate can also raise discrimination issues where it hits disabled workers or those with caring responsibilities harder. Remote and hybrid working reshaped how millions of people work, and it has also created a new source of workplace conflict: employers calling people back to the office, and employees who built their lives around working from home pushing back. Where do you actually stand legally? The answer turns on two things - what your contract says, and how any change is being made. This guide explains your rights around remote and hybrid working, flexible working requests, and forced returns to the office. > **The starting point:** there is no automatic right to work from home, but there is a right to *request* flexible working from day one, and your contract may protect an existing arrangement. See the [flexible working request guide](/resources/flexible-working-request-refused) for the request process and the [contract change guide](/resources/can-my-employer-change-my-contract) for when an imposed change is a breach. ## Is there a right to work from home? No - there is no free-standing legal right to work from home in the UK. What the law gives you is the **right to request flexible working**, which includes home and hybrid arrangements. Since the rules were strengthened, this is a **day-one right**: you no longer need six months' service to make a request. That means the protection is about **process and fair reasons**, not a guaranteed outcome. Your employer must: - deal with the request in a **reasonable manner** - **consult you** before refusing - **respond within two months** (unless a longer period is agreed) - only refuse for one of the **statutory business reasons** (see below) You can make **up to two requests in any 12-month period**. The [flexible working guide](/resources/flexible-working-request-refused) covers how to make a strong request and what to do if it is refused. ## The business reasons an employer can refuse for An employer cannot simply say no. A statutory flexible working request can only be refused on one or more specific grounds, including: - the burden of **additional costs** - a detrimental effect on **ability to meet customer demand** - inability to **reorganise work among existing staff** or **recruit** additional staff - a detrimental impact on **quality** or **performance** - **insufficiency of work** during the periods you propose to work - planned **structural changes** If the reason given does not genuinely fit one of these, or the process was not followed, the decision can be challenged - though the remedy for a flexible working breach is more limited than for discrimination. ## Can your employer force you back to the office? This is the question that causes the most conflict, and the answer depends on your **contract**: **If your contractual place of work is the office** - and home working was always described as temporary, discretionary, or a response to particular circumstances - your employer can usually require you to return. Working from home in those cases was a permission, not a contractual right. **If home or hybrid working has become a contractual term** - because it is written into your contract, or has been the settled, agreed arrangement for long enough to become an implied term - then changing it is a **variation of contract** that needs your agreement. Imposing a return unilaterally could be a **breach of contract**, and a serious one might support a [constructive dismissal](/resources/constructive-dismissal-explained) claim. The [contract change guide](/resources/can-my-employer-change-my-contract) explains how imposed changes work and what to do about them. The practical difficulty is that many remote arrangements were never clearly documented either way, which is exactly where disputes arise. What was said at the time, what the contract states, and how long the arrangement has run all matter. ## When a forced return could be constructive dismissal If home or hybrid working is a **contractual term** and your employer imposes a return without your agreement, that unilateral change is a breach of contract - and a sufficiently serious breach can support a [constructive dismissal](/resources/constructive-dismissal-explained) claim, where you resign and treat the employer's conduct as ending the contract. But this is a high bar and a serious step: the change has to be a **fundamental** breach, not merely unwelcome, and the usual timing rules apply - waiting too long, or carrying on under the new arrangement without objecting, can be treated as accepting it. In practice, that means the same early steps matter here as with any imposed change: object in writing, keep working "under protest" rather than resigning on the spot, and raise a grievance. The [contract change guide](/resources/can-my-employer-change-my-contract) explains how imposed changes and the breach threshold work. Resigning is rarely the first move, because once you do, you lose your income and take on the burden of proving the breach. ## When a return-to-office mandate can be discrimination Even a lawful-looking policy can cross into discrimination for some workers: - **Disability.** For a disabled worker who needs to work from home to manage their condition, home working can be a **reasonable adjustment**. Refusing it, or forcing a return, can breach the duty to make [reasonable adjustments](/resources/reasonable-adjustments-at-work) - a stronger route than a flexible working request, with uncapped compensation and no qualifying period. - **Sex and caring responsibilities.** A blanket return-to-office rule can amount to **indirect sex discrimination** if it puts women - still more likely to carry childcare responsibilities - at a particular disadvantage, unless the employer can objectively justify it. - **Other characteristics.** Any policy that disadvantages a protected group more than others should be justifiable, not just uniform. The [workplace discrimination guide](/resources/workplace-discrimination) explains indirect discrimination and justification in more detail. A request tied to a disability or caring responsibilities is worth framing with those protections in mind, not just as a preference. ## What to do if there is a dispute - **Check your contract and any written arrangement** - the statement of particulars, offer letter, and any policy on home working - **Make (or renew) a flexible working request** in writing if you have not, using the statutory process - **Flag any disability or caring dimension** clearly, since those engage stronger protections - **Raise a grievance** if a request is unfairly refused or an arrangement is changed without agreement - the [grievance letter guide](/resources/how-to-write-a-grievance-letter) shows how - **Keep records** of what was agreed, when, and by whom - these arrangements are often decided informally, and the paper trail matters ## Key takeaway You do not have an automatic right to work from home, but you do have a day-one right to request flexible working and to a fair, reasoned decision - and your existing arrangement may be protected by your contract. Whether your employer can force you back to the office comes down to whether home or hybrid working is a contractual term or just a permission. And a blanket return-to-office policy can still be unlawful where it disadvantages disabled workers or those with caring responsibilities. If you are in this situation, start with your contract, use the flexible working process, and flag any disability or caring dimension, because that is often where the strongest protection lies. _This article is legal information, not legal advice. Flexible working rules and contractual positions vary; check the current rules via the official sources linked above, or contact Acas._ --- # Missed the Employment Tribunal Deadline? You May Not Be as Late as You Think URL: https://aricase.ai/resources/missed-tribunal-deadline Last updated: 2026-07-01 Quick answer: Missing the tribunal deadline usually bars the claim, because the time limits are strict - generally 3 months less 1 day. But not always. Tribunals have a limited power to extend time, and the test depends on the claim type: unfair dismissal claims use the strict 'not reasonably practicable' test, while discrimination claims use the more flexible 'just and equitable' test. If you think you may be out of time, the worst thing to do is give up without checking - and if you are still in time, act immediately, because every day counts. Realising the tribunal deadline may have passed is a horrible moment. The employment tribunal time limits are famously strict, and missing one usually ends a claim before it starts. But "usually" is not "always", and two things are worth knowing before you give up: the deadline may not have passed at all once Acas early conciliation is factored in, and even if it has, tribunals do have a limited power to extend time. This guide explains both. > **Deadlines are calculated, not estimated - last updated 1 July 2026:** The standard time limit is **3 months less 1 day** from the dismissal or the act complained of, but [Acas Early Conciliation](/resources/acas-early-conciliation) changes the maths. Work out your exact date with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator) and read the [deadlines guide](/resources/employment-tribunal-deadlines) before assuming anything. The Employment Rights Act 2025 is expected to extend the general limit to 6 months, targeted for October 2026, but that is not yet in force. ## First: are you actually out of time? Before treating the deadline as missed, check whether it really is - because the calculation trips people up. Two things extend the deadline: - **Acas early conciliation.** When you notify Acas, the clock **stops** while conciliation runs, and you get extra time afterwards. This means the real deadline is often weeks later than "3 months from the dismissal date". People who assume they are out of time sometimes are not. - **The specific act complained of.** For a series of events, or a continuing act of discrimination, time can run from a later date than you think. Work out your exact date first. If you are still in time, stop reading and act now - lodge your claim immediately, because every day of delay narrows your options. ## If the deadline really has passed If, having checked, the deadline genuinely has passed, the question becomes whether a tribunal will **extend time**. It has a limited power to do so, but the test depends entirely on your claim type - and the two main tests are very different in how demanding they are. ### Unfair dismissal and most ERA claims: "not reasonably practicable" For [unfair dismissal](/resources/unfair-dismissal) and most claims under the Employment Rights Act 1996, a tribunal can only extend time if: 1. it was **"not reasonably practicable"** for you to bring the claim within the time limit, **and** 2. you then brought it **within a further reasonable period** This is a strict test, and the burden is on you. Things that can sometimes satisfy it include a genuine, reasonable ignorance that you had a claim, serious illness that prevented you acting, or being actively misled about your rights or the deadline. Things that usually do **not**: simply forgetting, general delay in getting advice, or waiting for an internal appeal to conclude. "I didn't get round to it" is not enough. ### Discrimination claims: "just and equitable" For discrimination claims under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/section/123), the test is broader: a tribunal can extend time where it is **"just and equitable"** to do so. Here the tribunal weighs all the circumstances - why you were late, how long the delay was, whether evidence and memories are still fresh, and whether a fair hearing is still possible. It is a genuinely more forgiving test than "not reasonably practicable", so a discrimination claimant who is modestly late has a meaningfully better chance of being allowed to proceed. It is still discretionary, and still never guaranteed. ## What to do if you think you are late - **Do not assume - calculate.** Confirm your true deadline, including the Acas extension, before deciding you have missed it. - **Act immediately if there is any doubt.** If you might still be in time, or only just out, lodging without further delay both preserves an in-time claim and strengthens any "further reasonable period" argument. - **Start Acas early conciliation now** if you have not - it is a precondition to most claims and starting it is the first concrete step. - **Write down your reasons for the delay,** with dates and any supporting evidence (medical notes, correspondence). If you are asking for an extension, this is the material the tribunal will weigh. - **Do not let a pending appeal stop you.** An ongoing internal appeal does **not** pause the tribunal clock. Many claims are lost because people waited for the appeal outcome. If the deadline is close, lodge the claim and let the appeal run alongside. ## If an extension is refused If a tribunal decides not to extend time, the claim cannot proceed - the time limit is jurisdictional, meaning the tribunal has no power to hear an out-of-time claim it has declined to extend. That is why the limits are treated so seriously throughout the process, and why the single most valuable habit for any potential claimant is to get the deadline right at the very start. The [what to do before a claim guide](/resources/what-to-do-before-an-employment-tribunal-claim) covers the early steps that keep your options open. ## Key takeaway Missing the tribunal deadline usually bars a claim, but two things are worth checking before you give up. First, you may not actually be out of time: Acas early conciliation extends the deadline, and many people who assume they are late are not. Second, even a genuinely late claim can sometimes be saved - narrowly for unfair dismissal under the "not reasonably practicable" test, more flexibly for discrimination under the "just and equitable" test. The one thing that never helps is waiting longer. If there is any doubt about your dates, calculate them now and act immediately. _This article is legal information, not legal advice. Time limits and extension tests are strict and fact-sensitive; check your own dates and the current rules via the official sources linked above, or contact Acas._ --- # Schedule of Loss: How to Calculate What You're Claiming URL: https://aricase.ai/resources/schedule-of-loss-employment-tribunal Last updated: 2026-06-22 Quick answer: A schedule of loss is the document an employment tribunal orders you to produce setting out exactly what you are claiming in money terms. It lists each head of loss - your basic award, lost earnings to date, future loss, pension loss and any injury to feelings - as separate line items with a running total, less anything you have earned since. It is not your evidence of what happened; it is the arithmetic of your claim, and tribunals expect it to be realistic and clearly worked out. If your employment tribunal claim gets past the early stages, the tribunal will order you to produce a **schedule of loss**. It is one of the most important documents in your case, and one of the most misunderstood. It is not a description of what your employer did - that belongs in your witness statement. The schedule of loss is the arithmetic: a line-by-line statement of exactly what you are asking the tribunal to award, in pounds. This guide explains what a schedule of loss is, when you have to produce one, the heads of loss that go into it, and how to lay it out - with a worked example. It does not re-explain how each individual figure is calculated; the [employment tribunal compensation guide](/resources/employment-tribunal-compensation) does that in detail, including the statutory caps and how awards can be increased or reduced. For a quick indicative ballpark of your total before you build the document, the [employment claim value estimator](/tools/claim-value-calculator) gives a range from your salary and length of service. Here the focus is the document itself. ## What is a schedule of loss? A **schedule of loss** is a written breakdown of the compensation you are claiming, organised into separate "heads of loss" and added up to a total. It translates your claim from a story about unfair treatment into a number the tribunal can award. It does two jobs. First, it tells the tribunal and the employer what is financially at stake, which is often what gets meaningful settlement talks started. Second, at the final hearing it frames the **remedy** stage - once a tribunal has decided you have won, it turns to your schedule to decide what to award. A schedule of loss is not evidence in itself. The documents that prove the figures - payslips, pension statements, your record of applying for jobs - are your [evidence](/resources/employment-tribunal-evidence). The schedule simply pulls those figures together into the claim total. ![Diagram of a schedule of loss showing the basic award and compensatory heads of loss as line items - loss of earnings, future loss, pension loss and loss of statutory rights - added to a subtotal, less earnings since dismissal, giving a claim total](/guides/guide-schedule-of-loss-structure.png "The anatomy of a schedule of loss: heads of loss as line items, less mitigation, giving a total") ## When you have to produce one The tribunal orders a schedule of loss as part of its **case management directions** - the timetable of steps both sides must take before the final hearing. These directions are usually issued after the employer files its response, often at or following a preliminary hearing, and they set a deadline by which your schedule must be served on the employer and sent to the tribunal. Treat it as a **living document**. Your losses change as time passes - if you stay out of work longer, your loss of earnings grows; if you find a new job, your future loss shrinks. You are normally expected to update the schedule as the hearing approaches so it reflects your position on the day, not the position months earlier. ## The heads of loss A schedule sets out each type of loss as its own line. Which heads apply depends on your claim - an unfair dismissal schedule looks different from a discrimination one. The common heads are: - **Basic award** - a fixed formula based on age, length of service and weekly pay, calculated like statutory redundancy pay. The [redundancy pay guide](/resources/redundancy-pay-explained) walks through the same arithmetic. - **Loss of earnings to date** - net pay you have lost from the dismissal date up to the hearing, after deducting anything you have earned in the meantime. - **Future loss of earnings** - continuing loss after the hearing if you have not yet returned to equivalent pay, projected for a reasonable period. - **Loss of pension** - the value of employer pension contributions you have lost. This can be significant and is easy to overlook. - **Loss of statutory rights** - a conventional small sum (commonly a few hundred pounds) to reflect having to build up unfair dismissal protection again in a new job. - **Injury to feelings** - in [discrimination](/resources/workplace-discrimination) claims only, an award for the distress caused, valued using the **Vento bands** set out in [Presidential Guidance](https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/) and updated each year. - **Interest** - in discrimination claims, interest can be added to past losses and the injury to feelings award. How each of these figures is actually worked out - and the **statutory cap** that limits the compensatory award in an ordinary unfair dismissal claim - is covered in the [compensation guide](/resources/employment-tribunal-compensation). Do not reproduce that reasoning in the schedule; the schedule shows the numbers, not the workings. ## Mitigation and the deductions to expect A schedule of loss is only credible if it accounts for **mitigation** - your duty to look for comparable new work. Any pay from a new job, and certain benefits received, are deducted from your loss of earnings, and your schedule should show those deductions openly rather than leaving the employer to find them. Other reductions a tribunal may apply - a Polkey reduction, a reduction for contributory fault, or an adjustment of up to 25% for an unreasonable failure to follow the [ACAS Code](/resources/acas-early-conciliation) - are explained in the compensation guide. You do not have to argue against yourself in your own schedule, but you can expect the employer's **counter-schedule** to raise them. Building your figure on honest, evidenced losses is what makes it hold up. ## A worked example Take someone earning £30,000 a year (about £2,000 net a month), dismissed after several years' service, who is out of work for four months and then starts a new job paying £24,000. | Head of loss | Figure | |---|---| | Basic award (per the statutory formula) | £2,800 | | Loss of earnings to date (4 months net) | £8,000 | | Future loss (lower pay, projected 6 months) | £3,000 | | Loss of pension | £1,400 | | Loss of statutory rights | £500 | | **Subtotal** | **£15,700** | | Less earnings already received since dismissal | (already netted above) | | **Total claimed** | **£15,700** | The figures here are illustrative - yours come from your own payslips and pension statements, and the compensatory total may be limited by the statutory cap. The point the example shows is the **structure**: real money, anchored to actual loss, with mitigation built in rather than ignored. A claimant who walked straight into an equivalent job the following week might have a strong case on liability and still recover very little, because compensation reflects loss rather than punishing the employer. ## Common mistakes to avoid - **Treating it as a wish list.** Inflated figures collapse under the employer's counter-schedule and damage your credibility on everything else. - **Forgetting pension loss.** It is one of the larger heads and one of the most commonly missed. - **Ignoring mitigation.** Leaving out earnings since dismissal, or showing no evidence of job-hunting, invites a finding that you failed to mitigate. - **Letting it go stale.** A schedule that still shows you as unemployed when you started work two months ago is quickly exposed. - **Confusing it with your statement.** The schedule is numbers and headings, not narrative - keep the story for your witness statement. ## Key takeaway A schedule of loss is where your claim becomes a number, so it deserves the same care as the rest of your case. Build it from documents you can prove, show your mitigation openly, keep it updated, and keep the figure realistic. It will be used at the [final hearing](/resources/what-happens-at-employment-tribunal-hearing) to decide what you are awarded, and long before that it often shapes whether the case settles. None of it matters, though, if you miss the [3-months-less-1-day deadline](/resources/employment-tribunal-deadlines) to bring the claim in the first place - so check your dates first, then build the schedule that puts a defensible figure in front of the tribunal. --- *This article is legal information, not legal advice. Award limits and the Vento band figures change regularly - always check the current figures on GOV.UK and in the Presidential Guidance before relying on them.* --- # Automatic Unfair Dismissal: When No Qualifying Period Applies URL: https://aricase.ai/resources/automatic-unfair-dismissal Last updated: 2026-07-01 Quick answer: An automatically unfair dismissal is one where the reason for the dismissal is so serious in law that no qualifying period applies - even an employee dismissed on their first day can claim. The reasons include pregnancy and family leave, whistleblowing, health and safety activities, trade union membership, and asserting a statutory right. Where the reason is automatically unfair, the employer's procedure is largely beside the point: the reason itself makes the dismissal unfair, and some categories carry uncapped compensation. Most unfair dismissal claims turn on a long argument about whether the employer's reason was fair and the process reasonable - and they usually need 2 years' service to bring at all. A small but important group of dismissals work completely differently. These are **automatically unfair dismissals**, where the reason is so objectionable in law that none of the usual hurdles apply: no qualifying period, and no detailed examination of the procedure. If the dismissal was for one of these reasons, it is unfair, full stop. This guide explains what counts, how it differs from an ordinary claim, and what it is worth. > **Law status - last updated 1 July 2026:** The categories in this guide already carry no qualifying period and are unchanged by the pending reforms. The separate [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) change cutting the *ordinary* unfair dismissal qualifying period from 2 years to 6 months (targeted 1 January 2027) is not yet in force and does not affect these automatically unfair categories. ## What is automatic unfair dismissal? A dismissal is **automatically unfair** when the principal reason for it is one that the law treats as never acceptable - regardless of how the dismissal was handled. Two features set it apart from an [ordinary unfair dismissal](/resources/unfair-dismissal) claim: - **No qualifying period.** Ordinary unfair dismissal generally needs 2 years' continuous service. Automatically unfair dismissal needs **none** - an employee dismissed on day one can claim. - **The process barely matters.** In an ordinary claim, an employer with a fair reason can still win or lose on procedure. Where the reason is automatically unfair, the reason itself condemns the dismissal - a perfect procedure cannot save it. The reasons are set out across [Part X of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X) and a handful of related statutes. The common thread is that each protects something the law considers more important than the employer's freedom to dismiss: a pregnancy, a safety complaint, a disclosure of wrongdoing, the exercise of a basic statutory right. ## The grounds for automatic unfair dismissal There is no single tidy list in one statute - the automatically unfair grounds are spread across [Part X of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X) and several related laws. The main grounds, **each of which needs no qualifying period**, are: 1. **Pregnancy, maternity and family leave** - dismissed because you are pregnant, or took or sought maternity, paternity, adoption, parental, shared parental or dependants' leave ([section 99](https://www.legislation.gov.uk/ukpga/1996/18/section/99)) 2. **Whistleblowing** - dismissed for making a [protected disclosure](/resources/whistleblowing-at-work) about wrongdoing ([section 103A](https://www.legislation.gov.uk/ukpga/1996/18/section/103A)) 3. **Health and safety** - raising a genuine health and safety concern, or refusing to work in serious, imminent danger (section 100) 4. **Trade union membership or activities** - membership, non-membership, or taking part in union activities ([TULRCA section 152](https://www.legislation.gov.uk/ukpga/1992/52/section/152)) 5. **Asserting a statutory right** - such as the right to a written statement of particulars or to paid holiday (section 104) 6. **The national minimum wage** - seeking to enforce your right to be paid the minimum wage (section 104A) 7. **Working time rights** - relying on rest breaks, maximum weekly hours or holiday rights (section 101A) 8. **Sunday working** - shop and betting workers refusing to work on a Sunday (section 101) 9. **Flexible working** - making a statutory flexible working request (section 104C) 10. **Jury service** - being summoned for, or attending, jury service (section 98B) 11. **Employee representatives** - acting as, or standing to be, a representative for collective redundancy or TUPE consultation (section 103) 12. **Pension scheme trustees** - performing your duties as an occupational pension scheme trustee (section 102) 13. **Part-time and fixed-term workers** - asserting the right not to be treated less favourably because of part-time or fixed-term status 14. **Tax credits** - taking action to enforce a working tax credit entitlement (section 104B) 15. **The right to be accompanied** - exercising, or seeking to exercise, the right to be accompanied at a disciplinary or grievance hearing (Employment Relations Act 1999) 16. **TUPE transfers** - dismissed because of a business transfer, where the transfer itself is the reason (TUPE 2006, regulation 7) 17. **Blacklisting** - dismissed in connection with a prohibited trade-union blacklist The list is not completely exhaustive, but it covers the grounds that arise in practice. What every one shares is that the *reason itself* makes the dismissal unfair - so none needs the usual two years' service. Where a dismissal is also **discriminatory** - for example, a pregnancy dismissal - the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) gives a separate, parallel claim with no qualifying period and uncapped compensation. Pregnancy and maternity cases in particular are usually run as both: see the [pregnancy and maternity discrimination guide](/resources/pregnancy-maternity-discrimination). ## How it differs from ordinary unfair dismissal It helps to see the two side by side. | | Ordinary unfair dismissal | Automatically unfair dismissal | |---|---|---| | **Qualifying period** | Generally 2 years | None | | **What the tribunal asks** | Was the reason fair and the process reasonable? | Was the reason one of the automatically unfair reasons? | | **Role of procedure** | Central - a botched process can make it unfair | Largely irrelevant - the reason decides it | | **Compensation cap** | Capped compensatory award | Uncapped for whistleblowing and health and safety | This does not make these claims easy. The difficulty shifts to **causation**: you have to show that the protected reason was the *real* reason for the dismissal, not the explanation the employer puts forward. Employers rarely admit the true motive, so these cases often turn on timing, documents and inconsistencies in the employer's account. A note on terminology. Automatic unfair dismissal is **not** the same as the wider debate about making unfair dismissal a "day-one right" by cutting the general 2-year qualifying period - that is a separate reform under the Employment Rights Act 2025. The [day-one unfair dismissal rights guide](/resources/day-one-unfair-dismissal-rights) covers that change; this guide is about the categories that *already* carry no qualifying period. ## What can you claim? The remedies follow the same structure as ordinary unfair dismissal - a **basic award** and a **compensatory award** - but with two important differences in the automatically unfair categories: - **Uncapped compensation.** For whistleblowing and health and safety dismissals, the compensatory award has **no statutory cap**, so it can reflect long-term career loss in full. - **A higher minimum basic award.** Certain categories (health and safety, trade union, pension trustee and employee representative dismissals) carry a minimum basic award set by law and updated each April - check the current figure on GOV.UK. For how awards are built up, adjusted and taxed, see the [employment tribunal compensation guide](/resources/employment-tribunal-compensation). ## Time limits The deadline is the same strict one that applies to every unfair dismissal claim: **3 months less 1 day** from the date of dismissal, and you must start [ACAS Early Conciliation](/resources/acas-early-conciliation) before you can lodge a claim. You can work out your own dates with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator), and the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) explains the trigger dates and the ACAS pause in full. Because these dismissals often happen early in employment - sometimes within days - it is easy to assume there is no claim and let the deadline pass. The opposite is true: the shorter your service, the more likely it is that automatic unfairness is your strongest (or only) route. Work out the deadline first, then test the reason against the list above. ## What to do now 1. **Identify the real reason.** Match what actually happened to the categories above - the closer the dismissal sits to a protected act (a pregnancy announcement, a safety complaint, a disclosure), the stronger the link. 2. **Pin down the timing.** Note the dates of the protected act and the dismissal. A tight gap is powerful evidence of causation. 3. **Keep the paper trail.** Save emails, messages, the dismissal letter and anything showing the employer knew about the protected act. 4. **Calculate your deadline** and start ACAS Early Conciliation before it runs out. 5. **Prepare the claim** with the [ET1 form guide](/resources/how-to-write-et1-form). A dismissal for one of these reasons should never have happened - and the law reflects that by stripping away the usual barriers. If your dismissal fits, your lack of long service is not the obstacle it would otherwise be. --- *This article is legal information, not legal advice. The automatically unfair categories and the award limits change over time. If you are unsure whether your dismissal qualifies, you may want to consider speaking to an employment law specialist.* --- # The Documents You Will Encounter in an Employment Tribunal Claim URL: https://aricase.ai/resources/documents-in-your-tribunal-claim Last updated: 2026-06-19 Quick answer: An employment tribunal claim runs on a predictable set of documents, roughly in order: the ET1 (your claim), the ET3 (the employer's response), case management orders (the tribunal's timetable), the list of documents and disclosure (exchanging evidence), witness statements, the hearing bundle (all the documents in one indexed file), and the schedule of loss (what you are claiming financially). Knowing what each does - and when it is due - is most of what it takes to stay on top of a claim as a litigant in person. An employment tribunal claim can feel like a blizzard of unfamiliar documents, each with its own name, purpose and deadline. But the paperwork is actually quite predictable: the same documents appear, in roughly the same order, in most claims. Once you can name them and know what each does, the process becomes far less intimidating. This guide is a map of the key documents you will encounter, from the moment you file to the day of the hearing. > **The shape of a claim:** documents arrive in a logical sequence - first the claim and response, then the tribunal's timetable, then the exchange and organisation of evidence, then the final hearing papers. The [step-by-step process guide](/resources/employment-tribunal-process-step-by-step) puts these in the wider timeline. ## 1. What is the ET1 claim form? The **ET1** is where it all starts: the form you complete to bring your claim. It sets out who you are, who you are claiming against, what happened, and what you are claiming. It is the foundation document - everything that follows is shaped by what you put here, so it is worth taking care over. The [ET1 guide](/resources/how-to-write-et1-form) covers how to complete it. Before you can submit it, you generally need an [Acas Early Conciliation](/resources/acas-early-conciliation) certificate number. ## 2. What is the ET3 employer's response? The **ET3** is your employer's reply, due within 28 days of the tribunal sending them your ET1. It tells you which parts of your claim they accept and which they dispute, and gives their version of events. Reading it closely is one of the most useful things you can do - it defines exactly what is in dispute. See the [ET3 guide](/resources/et3-employer-response) for how to read it. ## 3. What are case management orders? Once the claim is defended, the tribunal issues **case management orders** (sometimes after a preliminary hearing). These are the instructions and deadlines that run the rest of the case: dates for disclosure, for exchanging witness statements, for the bundle, and the hearing dates themselves. Treat these dates as fixed. Missing them can lead to your evidence being excluded or, in serious cases, the claim being struck out. Put every ordered date in your calendar the moment you receive them. ## 4. What is disclosure and the list of documents? **Disclosure** is where both sides exchange the documents relevant to the case. You each prepare a **list of documents** and then swap copies. Crucially, the duty covers documents that **hurt** your case as well as those that help - you cannot simply withhold the awkward ones. This is often where the real evidence surfaces: internal emails, meeting notes, the investigation report. The [evidence guide](/resources/employment-tribunal-evidence) explains what to gather and how to organise it. ## 5. What is a witness statement? A **witness statement** is a written account of what a person saw and did, given as their evidence. As a claimant representing yourself, you will almost always write one for yourself, and you may have statements from colleagues who witnessed events. Statements are: - **numbered and chronological** - telling the story in order - **cross-referenced to the bundle** - pointing to the documents that back up each point - **factual, not emotional** - what happened, not how unfair it felt At the hearing you confirm your statement is true and are then **cross-examined** on it. Statements are usually exchanged simultaneously, so neither side sees the other's first. ## 6. What is the hearing bundle? The **bundle** is a single, indexed, page-numbered file containing every document both sides will rely on - contracts, emails, letters, policies, the grievance and outcome, disciplinary records, and so on. Usually the employer compiles it, but the contents are agreed between both sides. At the hearing, everyone works from the same bundle, so when a document is discussed, everyone turns to the same page. Check the bundle carefully: make sure your key documents are in it and correctly reproduced. ## 7. What is the schedule of loss? The **schedule of loss** puts a number on your claim. It sets out what you are seeking - lost earnings, loss of pension, the basic award, and (in a discrimination claim) injury to feelings and interest. It is central to two things: any **settlement** discussion, and the **remedy** stage if you win. Tribunals usually order one early. Getting the figures right matters, so the [schedule of loss guide](/resources/schedule-of-loss-employment-tribunal) walks through how each element is calculated - and you can sense-check the headline figures with the [claim value calculator](/tools/claim-value-calculator). ## 8. What other documents might you see? Depending on your case, you may also encounter: - **A list of issues** - an agreed list of the questions the tribunal has to decide - **Preliminary hearing orders** - directions from an early case management or preliminary hearing - **Requests for further information** - where one side asks the other to clarify part of their case - **A costs schedule** - unusual in the employment tribunal, where costs orders are rare, but possible - **The judgment and reasons** - the tribunal's decision and its explanation, at the end ## How do you stay on top of the paperwork? Three habits make the documents manageable rather than overwhelming: 1. **Keep one master folder**, organised by document type, with the latest version of everything 2. **Maintain a deadline list** from the case management orders, checked weekly 3. **Keep a chronology** - a simple dated timeline of events - which makes writing your witness statement and schedule of loss far easier The [self-representation guide](/resources/tribunal-without-solicitor) covers how litigants in person manage a claim end to end. ## Key takeaway The documents in a tribunal claim are not random - they arrive in a predictable order, each doing a specific job: the ET1 and ET3 frame the dispute, case management orders set the timetable, disclosure and witness statements build the evidence, the bundle organises it, and the schedule of loss quantifies it. You do not need to master them all at once. You need to know what each one is, keep them organised, and never miss a deadline attached to them. Do that, and the paperwork stops being the scary part. _This article is legal information, not legal advice. Tribunal procedure and document requirements can change; check the current rules via the official sources linked above._ --- # How Much Does an Employment Tribunal Cost? URL: https://aricase.ai/resources/employment-tribunal-costs Last updated: 2026-07-09 Quick answer: There are currently no fees to bring or attend an employment tribunal claim in England and Wales - the fees that briefly applied were abolished by the Supreme Court in 2017. The real costs are your time and preparation, plus representation if you choose to pay for it, though many people represent themselves for free. Unlike the civil courts, employment tribunals only rarely order the losing side to pay the other side's costs - usually where someone has behaved unreasonably. One of the most common reasons people hesitate to bring an employment tribunal claim is the fear of what it will cost - and a worry that losing could leave them with a large legal bill. The reality is more reassuring than most people expect. There are no fees to bring a claim, the tribunal system is built to be used without a lawyer, and - unlike the ordinary courts - you are rarely ordered to pay the other side's costs if you lose. **How this guide fits with its siblings.** This page owns **tribunal fees, costs orders, and out-of-pocket spend**. Hourly rates and no-win-no-fee packages are covered in [employment solicitor costs](/resources/employment-solicitor-costs). How to actually run a case alone is in [going to tribunal without a solicitor](/resources/tribunal-without-solicitor). ## Are there fees to bring an employment tribunal claim? No. There are **currently no fees** to bring or attend an employment tribunal claim in England and Wales. Fees were introduced in 2013 - up to £1,200 to take a claim to a hearing - but they were challenged by the union UNISON and **quashed by the Supreme Court in 2017** in [R (UNISON) v Lord Chancellor](https://www.supremecourt.uk/cases/uksc-2015-0233.html), which held that they unlawfully restricted access to justice. No fees have applied since. The compulsory first step, [ACAS Early Conciliation](/resources/acas-early-conciliation), is also free. Proposals to reintroduce a modest issue fee have been floated from time to time, but none is in force. Always check the current position on [GOV.UK](https://www.gov.uk/employment-tribunals) before relying on this, as government policy can change. ## What an employment tribunal actually costs you If there are no fees, where does the cost go? For most claimants it falls into four buckets - and only some of them involve money at all. | What it is | Typical cost | |---|---| | **Tribunal fees** | £0 - there are none | | **Your time and preparation** | The real cost - gathering documents, building the bundle, writing your witness statement and preparing your evidence | | **Representation (optional)** | £0 if you self-represent or use a union; otherwise from a few hundred to several thousand pounds | | **Costs orders (rare)** | Usually £0 - tribunals only order one side to pay the other's costs in limited circumstances | The single biggest "cost" of a tribunal claim is almost always **time**. Preparing a case properly takes hours of careful work, and that is true whether or not you pay for help. The financial outlay is optional and within your control. ## How much does representation cost? You do not need a lawyer at all - employment tribunals are deliberately designed for people to represent themselves, and many claimants do. The [going to tribunal without a solicitor guide](/resources/tribunal-without-solicitor) is the home for how to run a case on your own. If you do want help, the main options range from free to fully paid: - **Self-representation** - free, and more achievable than most people fear. - **Trade union** - if you are a member, your union may provide advice or representation at no extra cost. - **Law centres and Citizens Advice** - free help, subject to capacity and eligibility. - **Pro bono schemes** - some advice clinics and the Free Representation Unit help unrepresented claimants. - **Paid solicitor or barrister** - from a few hundred pounds for one-off advice to several thousand for full representation through to a hearing. There is no fixed scale for paid help, and many people mix and match - paying for advice at key moments while doing the bulk of the work themselves. The [cost of an employment solicitor guide](/resources/employment-solicitor-costs) breaks down the fee models in detail. ## Could you be ordered to pay the other side's costs? This is the fear that stops many people, and it is largely misplaced. **Employment tribunals do not normally award costs against the losing side.** This is a deliberate difference from the civil courts, where the loser usually pays. The starting point in the tribunal is that each side bears its own costs, win or lose. A tribunal can make a **costs order** under the [Employment Tribunal Procedure Rules](https://www.gov.uk/government/publications/employment-tribunal-procedure-rules), but only in limited situations - mainly where a party or their representative has: - acted **vexatiously, abusively, disruptively or unreasonably** in bringing or conducting the case, or - brought a claim (or defence) that had **no reasonable prospect of success**. Two related orders exist. A **deposit order** can require a party to pay up to £1,000 to continue with a specific argument the tribunal considers has little reasonable prospect of success - a warning shot, not a penalty for losing. A **preparation time order** can compensate an unrepresented party for the time they spent. In practice, costs of any kind are awarded in only a small fraction of cases, and bringing a genuine claim in good faith - even one that ultimately fails - does not normally expose you to them. ## No-win-no-fee and other funding options If your claim is strong and worth a reasonable sum, a few funding routes can spread or remove the cost of representation: - **Damages-based agreements (DBAs)** - a "no-win-no-fee" arrangement where the solicitor takes an agreed percentage of any compensation, capped by law, and nothing if you lose. - **Conditional fee agreements (CFAs)** - the solicitor charges reduced or no fees unless you win. - **Legal expenses insurance** - check your home or motor insurance and any packaged bank account; many policies include employment-dispute cover you have already paid for. - **Union funding** - membership often includes representation in work disputes. Legal aid is generally **not** available for employment tribunal claims (with narrow exceptions, such as some discrimination matters for initial advice), so these private routes matter more here than in other areas of law. ## Keeping the cost down A few practical points keep a claim affordable: 1. **Check what you already have.** Union membership and legal expenses insurance are the two most commonly overlooked sources of free representation. 2. **Use the free first step.** ACAS Early Conciliation is free and settles many disputes before a claim is even filed - and a [settlement agreement](/resources/settlement-agreements-guide) can resolve things without a hearing. 3. **Do the groundwork yourself.** Even if you pay for advice, preparing your own documents and bundle is where most of the cost would otherwise go. 4. **Keep the value in perspective.** Weigh any spend against what the claim is realistically worth - the [employment tribunal compensation guide](/resources/employment-tribunal-compensation) helps you gauge that before you commit money to it. The headline is simple: bringing an employment tribunal claim costs nothing in fees, the financial outlay for help is optional, and the risk of paying the other side is low for a genuine claim. The real investment is your time - and that is something you can plan for. --- *This article is legal information, not legal advice. Tribunal costs rules and funding options change over time, and whether a costs order or funding arrangement applies depends on your circumstances. Always check the current position on GOV.UK before relying on it.* --- # Employment Tribunal: How Claims Work in England and Wales URL: https://aricase.ai/resources/employment-tribunal Last updated: 2026-06-19 Quick answer: An employment tribunal is an independent judicial body in England and Wales that decides legal disputes between employees and employers - unfair dismissal, discrimination, unpaid wages, redundancy and more. Most claims start with free ACAS Early Conciliation, then an ET1 claim form submitted within 3 months less 1 day of the event complained of. There are no fees to bring a claim, and many people represent themselves. The phrase "employment tribunal" covers a lot of ground - from the moment you wonder whether a dismissal was lawful, through ACAS conciliation and the claim form, to a hearing where a judge decides the outcome. This hub explains what an employment tribunal is, the kinds of claim it hears, how a case actually moves from start to finish, and where to find the deeper, step-by-step guides for each stage. Tribunals in England and Wales are designed to be used by ordinary people without a lawyer, there are no fees to bring a claim, and the most important number to know is your deadline. ## What is an employment tribunal? An employment tribunal is an independent judicial body that decides legal disputes between employees (or workers) and their employers in England and Wales. It is part of the courts and tribunals system, but it is deliberately less formal than a civil court: hearings are run by an **employment judge**, evidence is given in plain language, and the rules are designed so that people can take part without a lawyer. The judge sits **alone** for most unfair dismissal and unpaid wages claims. For discrimination and whistleblowing claims, a **panel of three** usually sits - the judge plus two non-legal members who bring practical workplace experience. Tribunals apply employment law as set out in statutes such as the [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/contents) and the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents), together with the case law that interprets them. ## What claims do employment tribunals hear? Tribunals hear a wide range of workplace claims. The most common fall into a few groups: | Type of claim | What it covers | Where to start | |---|---|---| | **Dismissal** | Being sacked unfairly, forced to resign, or dismissed without proper notice | [Unfair dismissal](/resources/unfair-dismissal), [constructive dismissal](/resources/constructive-dismissal-explained), [wrongful dismissal](/resources/wrongful-dismissal) | | **Discrimination** | Less favourable treatment because of a protected characteristic | [Workplace discrimination](/resources/workplace-discrimination), [pregnancy and maternity discrimination](/resources/pregnancy-maternity-discrimination) | | **Detriment** | Being penalised for blowing the whistle, or bullied and harassed | [Whistleblowing](/resources/whistleblowing-at-work), [bullying and harassment](/resources/bullying-and-harassment-at-work) | | **Pay and conditions** | Wages, holiday and sick pay, and contract rights | [Unpaid wages](/resources/unpaid-wages-unlawful-deductions), [holiday pay](/resources/holiday-pay-entitlement), [redundancy pay](/resources/redundancy-pay-explained) | Each claim has its own legal test and its own time limit. It is common for one situation to give rise to more than one claim - for example, a dismissal that is both unfair and discriminatory. ## How an employment tribunal claim works Almost every claim follows the same path, even though the detail differs from case to case: 1. **ACAS Early Conciliation.** Before you can bring most claims, you must notify [ACAS](https://www.acas.org.uk/early-conciliation), who offer free conciliation to try to settle the dispute. This step is compulsory and it pauses the deadline clock - see the [ACAS Early Conciliation guide](/resources/acas-early-conciliation). 2. **The ET1 claim form.** If conciliation does not resolve things, you set out your claim on the [ET1 form](/resources/how-to-write-et1-form). Getting this right matters, because it frames the case the tribunal will decide. 3. **The employer's response (ET3).** The employer files a response defending the claim. The issues in dispute are then identified. 4. **Case-management orders.** The tribunal sets a timetable for disclosure of documents, the agreed [bundle](/resources/employment-tribunal-evidence), and the exchange of witness statements. Missing these orders can be serious. 5. **The final hearing.** The tribunal hears the evidence, tests it by cross-examination, and decides the claim. The [what happens at a hearing guide](/resources/what-happens-at-employment-tribunal-hearing) walks through the day in detail. If you are running the case yourself, the [self-representation guide](/resources/tribunal-without-solicitor) is the home for how to prepare and present each stage. ## How long does an employment tribunal take? There is no fixed timetable, and how long a claim takes varies a great deal. As a rough guide: - **ACAS Early Conciliation** runs for up to 12 weeks before a claim is even filed. - Once the **ET1** is submitted, the employer has **28 days** to file its **ET3** response. - A **case-management** stage then sets the timetable for disclosure, the bundle and witness statements. - The wait for a **final hearing** depends on the tribunal's backlog in your region and the complexity of the claim. Straightforward claims - a single unfair dismissal or unpaid wages case - can be resolved in a few months. Contested, multi-day claims, particularly discrimination and whistleblowing cases heard by a panel, often take a year or more from ACAS notification to judgment, and the hearing itself can last from half a day to a week or more. Many claims never reach a hearing at all, settling through ACAS or a [settlement agreement](/resources/settlement-agreements-guide) along the way. The [tribunal statistics guide](/resources/employment-tribunal-statistics) gives a sense of typical timescales and outcomes. ## How long do you have to claim? For most claims the deadline is **3 months less 1 day** from the event complained of - usually the date of dismissal or the act of discrimination - and you must start ACAS Early Conciliation within that window. Conciliation then pauses the clock while it runs. Missing the deadline almost always bars the claim, so this is the first thing to work out. You can check your own dates with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator), and the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) explains the trigger dates and the ACAS pause in full. Note that the Employment Rights Act 2025 is expected to extend the basic limit to 6 months for most claims, but that change is not yet in force - work to the current deadline until commencement is confirmed. ## What can a tribunal award? If you win, the remedy is usually compensation rather than getting your job back. For unfair dismissal that means a **basic award** (calculated like statutory redundancy pay) plus a **compensatory award** for your financial losses, subject to a statutory cap. Discrimination and whistleblowing awards are uncapped and can include compensation for injury to feelings. The [employment tribunal compensation guide](/resources/employment-tribunal-compensation) breaks down how awards are calculated, capped, adjusted and taxed, and the [tribunal statistics guide](/resources/employment-tribunal-statistics) shows how modest typical awards really are compared with the headlines. ## Do you need a solicitor? No - tribunals are designed to be used without legal representation, and many people represent themselves successfully. Whether to get help usually depends on the complexity of the claim and the amount at stake. The [self-representation guide](/resources/tribunal-without-solicitor) covers doing it yourself, the [cost of a tribunal claim](/resources/employment-tribunal-costs) and [employment solicitor costs](/resources/employment-solicitor-costs) guides explain the fee options and the low risk of being ordered to pay the other side, and many disputes are resolved earlier through a [settlement agreement](/resources/settlement-agreements-guide) or a [protected conversation](/resources/protected-conversations-explained) without a hearing at all. ## The full guide library This hub links to every guide in the Aricase resource library. Use it as a map of the whole topic. **Dismissal and leaving work** - [Unfair dismissal](/resources/unfair-dismissal) - [Automatic unfair dismissal](/resources/automatic-unfair-dismissal) - [Constructive dismissal](/resources/constructive-dismissal-explained) - [Wrongful dismissal](/resources/wrongful-dismissal) - [Day-one unfair dismissal rights](/resources/day-one-unfair-dismissal-rights) - [Redundancy pay](/resources/redundancy-pay-explained) - [Notice periods](/resources/notice-periods-uk) - [Settlement agreements](/resources/settlement-agreements-guide) - [Protected conversations](/resources/protected-conversations-explained) **Discrimination, whistleblowing and harassment** - [Workplace discrimination](/resources/workplace-discrimination) - [Pregnancy and maternity discrimination](/resources/pregnancy-maternity-discrimination) - [Bullying and harassment at work](/resources/bullying-and-harassment-at-work) - [Whistleblowing](/resources/whistleblowing-at-work) **Pay and working rights** - [Unpaid wages and unlawful deductions](/resources/unpaid-wages-unlawful-deductions) - [Holiday pay](/resources/holiday-pay-entitlement) - [Statutory sick pay](/resources/statutory-sick-pay-rights) - [Zero-hours contract rights](/resources/zero-hours-contract-rights) - [Flexible working requests](/resources/flexible-working-request-refused) **Raising it at work first** - [How to write a grievance letter](/resources/how-to-write-a-grievance-letter) - [Disciplinary hearing rights](/resources/disciplinary-hearing-rights) - [ACAS Early Conciliation](/resources/acas-early-conciliation) **The tribunal process** - [How to write your ET1 form](/resources/how-to-write-et1-form) - [Employment tribunal deadlines](/resources/employment-tribunal-deadlines) - [Employment tribunal evidence](/resources/employment-tribunal-evidence) - [What happens at a hearing](/resources/what-happens-at-employment-tribunal-hearing) - [Representing yourself](/resources/tribunal-without-solicitor) - [Employment tribunal compensation](/resources/employment-tribunal-compensation) - [Tribunal statistics](/resources/employment-tribunal-statistics) - [How much an employment tribunal costs](/resources/employment-tribunal-costs) - [The cost of an employment solicitor](/resources/employment-solicitor-costs) **The law is changing** - [Employment Rights Act 2025](/resources/employment-rights-act-2025) Wherever you are in the process, the safest first move is the same: work out your deadline, then decide what to do with the time you have. --- *This article is legal information, not legal advice. Tribunal procedure and the figures involved change over time. If you are unsure how any of this applies to your situation, you may want to consider speaking to an employment law specialist.* --- # The ET3: How Your Employer Responds to Your Tribunal Claim URL: https://aricase.ai/resources/et3-employer-response Last updated: 2026-06-18 Quick answer: The ET3 is the form your employer uses to respond to your tribunal claim (the ET1). They have 28 days from the date the tribunal sends them your claim to return it. The ET3 sets out which parts of your claim they accept or dispute and their version of events - it is the document that defines what is actually in dispute. If the employer misses the deadline without a good reason, the tribunal can issue a judgment without a hearing or bar them from defending the claim. Once you have submitted your tribunal claim, the ball moves to your employer's court - and the ET3 is how they hit it back. For claimants, the ET3 is one of the most useful documents in the whole process, because it tells you precisely what your employer accepts, what they deny, and how they intend to defend the case. This guide explains what the ET3 is, the deadline your employer faces, and what happens at each outcome. > **How the ET3 fits in:** the [ET1 is your claim](/resources/how-to-write-et1-form); the ET3 is the employer's response to it. The tribunal is the go-between - it receives your ET1, sends it to the employer, and then sends their ET3 back to you. See the [step-by-step process guide](/resources/employment-tribunal-process-step-by-step) for where this sits in the overall timeline. ## What is the ET3? The ET3 is the official form an employer (the "respondent") uses to respond to a tribunal claim. It is the counterpart to your ET1. On it, the employer must say: - **whether they intend to defend the claim** - all of it, part of it, or none - **which facts they accept and which they dispute** - for example, they may accept you were dismissed but dispute the reason - **their version of events** - the grounds on which they resist the claim - their details, and whether they had the correct employment relationship with you The ET3 defines the battleground. Anything the employer admits, you no longer have to prove. Anything they dispute is where the case will be fought. That is why reading it closely is so valuable. ## The 28-day deadline The employer has **28 days to return the ET3**, and the clock starts from the date the **tribunal sends them a copy of your claim** - not from when you submitted it. This is a common point of confusion: there is usually a gap between you lodging the ET1 and the employer receiving it, so their 28 days begins later than you might expect. If the employer needs more time, they can **apply for an extension**, but they generally have to do so before the deadline passes and give reasons. The tribunal decides whether to allow it. ## What happens if the employer responds on time This is the normal path. Once the ET3 is received and accepted, the tribunal sends you a copy, and the case moves into its preparation phase: the tribunal issues case management orders, the parties exchange documents and witness statements, and a hearing is listed. From this point the dispute is defined by the gap between your ET1 and their ET3. Reading the ET3 carefully at this stage pays off. Look for: - **what they admit** - these facts are now settled in your favour - **the reason they give** for the dismissal or treatment - this is what you will need to challenge - **any new allegations** about your conduct or performance - you will want evidence to answer these - **gaps or inconsistencies** with documents you already hold, such as emails or letters ## What happens if the employer responds late or not at all If the employer misses the 28-day deadline and has not been granted an extension, the position shifts significantly in your favour. The tribunal can: - **issue a judgment without a hearing** on the claim, or the parts of it that are clear, or - **bar the employer from defending** the claim, so it proceeds on your account This is sometimes called a **default judgment** or a **rule 21 judgment**. It does not always mean an automatic full win: the tribunal may still hold a short hearing to decide **remedy** - the amount you are awarded - and it retains discretion to accept a late response if the employer gives a good enough reason and applies promptly. But a genuine non-response is a strong position to be in. ## What if you disagree with the ET3? You will often disagree with a lot of it - that is the nature of a dispute. You do not file a formal reply to the ET3 as a matter of course, but you can: - **raise the disputed points** in your witness statement and evidence - **apply for further information** if the response is vague about a key allegation - **gather documents** that contradict the employer's account The [evidence guide](/resources/employment-tribunal-evidence) covers how to build the documentary record that answers the employer's version of events, and the [hearing guide](/resources/what-happens-at-employment-tribunal-hearing) explains how the competing accounts are tested. ## Key takeaway The ET3 is your employer's formal answer to your claim, due within 28 days of the tribunal sending them your ET1. It is not just a procedural step - it is the document that tells you exactly what is in dispute, which sharpens everything you do next. If it arrives on time, read it closely and build your evidence around the points it contests. If it does not arrive at all, the tribunal can decide the claim without the employer's input, which puts you in a strong position. Either way, the ET3 is a document worth studying, not skimming. _This article is legal information, not legal advice. Tribunal procedure rules can change; check the current rules and guidance via the official sources linked above._ --- # Can My Employer Change My Contract? Your Rights When Terms Change URL: https://aricase.ai/resources/can-my-employer-change-my-contract Last updated: 2026-07-01 Quick answer: Your contract terms normally cannot be changed without your agreement. An employer who imposes a significant change to pay, hours, duties or location without your consent is usually in breach of contract - and a serious breach can support a constructive dismissal or unlawful deduction claim. Some contracts contain limited 'flexibility clauses' allowing minor changes, and employers sometimes use 'fire and rehire' (dismissing you and offering re-engagement on new terms), but that route carries real legal risk for them and is being tightened by law. Finding out your employer has changed your pay, hours, duties or workplace - without asking you - is unsettling, and the first question is almost always the same: are they even allowed to do that? In most cases the answer is no, at least not without your agreement. But there are exceptions, and how you respond in the first few weeks can make a real difference to your legal position. This guide explains when a change is lawful, when it is a breach, and what you can do about it. > **Law status - last updated 1 July 2026:** The general rule that contract terms cannot be changed without agreement is long-established. The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) introduces new restrictions on "fire and rehire", which are being brought into force by commencement regulations - check the current position, as some provisions are not yet live. ## The starting point: a contract needs agreement to change Your employment contract is an agreement between you and your employer. Like any contract, its terms cannot normally be changed by one side alone. A change agreed by both of you is called a **variation**, and it is perfectly lawful. A change imposed by one side without the other's agreement is usually a **breach of contract**. Your contract is made up of more than the signed document. It includes: - the **written terms** in your contract or statement of particulars - terms **implied by law** (such as the duty of mutual trust and confidence) - terms from **custom and practice** or an **employee handbook**, where they are contractual So when we ask "can my employer change my contract?", we are really asking whether the specific term being changed can be altered without your consent - and the answer depends on the term and how the change is made. ## When can an employer change terms lawfully? There are a few routes by which a change can be lawful: **1. You agree to it.** The cleanest route. If your employer proposes a change and you accept it - expressly, or sometimes by clearly working under the new terms without objection - the variation is binding. This is why silence is risky: continuing to work without protest can be treated as acceptance. **2. There is a flexibility clause.** Some contracts contain a clause allowing the employer to vary certain terms - duties, hours, or location - within limits. Even then, the clause must be exercised **reasonably**, and tribunals read wide or vague clauses narrowly. A mobility clause might allow a modest change of location; it usually cannot be stretched to force a move across the country, or to justify a large pay cut. **3. Collective agreement.** Where a term is set by a collective agreement with a recognised union, changes may be made through that machinery. **4. Dismissal and re-engagement ("fire and rehire").** As a last resort, an employer may dismiss you and offer to re-employ you on new terms. This is lawful only in limited circumstances and carries real risk - see below. ## When a change is a breach If your employer imposes a **significant change to a core term** - cutting your pay, materially increasing or reducing your hours, removing your main duties, or moving your workplace - without your agreement and without a valid contractual right, they are usually in breach of contract. Depending on the term, this can give rise to more than one claim: - **Unlawful deduction from wages** - if your pay is reduced, the shortfall can be claimed as an [unlawful deduction](/resources/unpaid-wages-unlawful-deductions) - **Breach of contract** - a claim for the loss caused by the breach - **Constructive dismissal** - if the breach is fundamental, you may be able to resign and treat yourself as dismissed (see below) ## Fire and rehire: not a free pass "Fire and rehire" (formally, dismissal and re-engagement) is where an employer dismisses employees and offers to take them back on new, usually worse, terms. It is legally risky for the employer, not a simple workaround: - the **dismissal itself can be unfair**, exposing the employer to unfair dismissal claims - a statutory **Code of Practice** governs how it must be handled, and unreasonable failure to follow it can increase compensation - the **Employment Rights Act 2025** tightens the rules further, restricting when the practice can lawfully be used If your employer is threatening to dismiss and re-engage you to force through changes, that is a serious step with consequences for them - not a settled right. ## What to do if your terms are changed without agreement How you react early matters, because staying silent can be read as acceptance. Practical steps that protect your position: 1. **Object in writing, promptly.** Make clear you do not agree to the change and are working "under protest". This single step preserves your right to challenge it later. 2. **Keep working, if you can.** Resigning immediately is drastic and risky. Working under protest keeps your income and your options open while you decide. 3. **Raise a formal grievance.** Set out the change, why it breaches your contract, and what you want. The [grievance letter guide](/resources/how-to-write-a-grievance-letter) shows how to frame it. 4. **Keep records.** Save the old contract, the notification of the change, payslips showing any difference, and all correspondence. 5. **Get the timing right on any claim.** Tribunal deadlines are strict, and the clock can start from the change or from your resignation depending on the claim. ## When a contract change becomes constructive dismissal If the change is a **fundamental breach** - a serious unilateral pay cut is the classic example - you may be entitled to resign and claim [constructive dismissal](/resources/constructive-dismissal-explained), treating the employer's conduct as ending the contract. But this is a serious, usually irreversible step: you lose your income and take on the burden of proving the breach and that you did not wait too long. Objecting in writing and raising a grievance first both strengthen that route and buy you time to decide. Do not resign in the heat of the moment. ## Key takeaway As a rule, your employer cannot change your contract without your agreement, and a significant imposed change - especially to pay - is usually a breach that can support an unlawful deduction, breach of contract, or constructive dismissal claim. The main exceptions are a genuine (and reasonably used) flexibility clause and the high-risk route of fire and rehire, which the law is tightening. If a change is imposed on you, the most important early move is to object in writing and keep working under protest, rather than either accepting it silently or walking out - both of which can weaken your position. _This article is legal information, not legal advice. The law on contract variation and fire and rehire is changing under the Employment Rights Act 2025; check the current position via the official sources linked above._ --- # Constructive Dismissal Examples: What Does and Doesn't Count URL: https://aricase.ai/resources/constructive-dismissal-examples Last updated: 2026-06-16 Quick answer: Constructive dismissal is resigning in response to a fundamental breach of your contract. Common examples that qualify include a serious pay cut, an unjustified demotion, sustained bullying the employer ignored, and a grievance left unaddressed. Examples that usually do not: a fair warning, ordinary performance management, or a one-off argument. Timing and your response often matter as much as the employer's conduct. "Is this constructive dismissal?" is one of the most common questions people ask about their job - and one of the hardest to answer with a simple yes or no. The reason is that constructive dismissal is not really about how badly you were treated in the abstract; it is about whether your employer **fundamentally breached your contract**, and about how you responded. This guide works through concrete examples of what does and does not count, and shows why the same facts can go either way. > **The test in one line:** constructive dismissal is resigning in response to a fundamental (serious) breach of your contract, without waiting so long that you are treated as having accepted it. For the full legal test, see the [main constructive dismissal guide](/resources/constructive-dismissal-explained). This page is about applying it to real situations. ## Examples that often qualify These are the kinds of conduct that tribunals have found can amount to a fundamental breach - the heart of a constructive dismissal claim: - **A serious unilateral pay cut.** Reducing your pay or contractual hours without your agreement breaches an express term of the contract, and is usually one of the clearest examples. See [can my employer change my contract?](/resources/can-my-employer-change-my-contract) for how imposed changes work. - **Demotion without justification.** Stripping out your core duties, status or reports without a contractual right or a fair process. - **Sustained bullying or harassment the employer ignored.** Not a single bad day, but a pattern the employer knew about and failed to address - see the [bullying and harassment guide](/resources/bullying-and-harassment-at-work). - **A serious grievance left unaddressed.** Ignoring or dismissively handling a genuine complaint can itself breach the implied term of trust and confidence. - **False or humiliating accusations**, public dressing-downs, or being deliberately undermined and isolated by management. - **Serious health and safety failures** that put you at real risk and were not fixed when raised. - **A significant, unjustified change of workplace** that no mobility clause covers. The common thread is that each strikes at the **root of the contract** - either an express term (pay, role, hours) or the implied term of mutual trust and confidence. ## Examples that usually do not qualify Just as important is what generally does **not** amount to constructive dismissal, however unpleasant it feels at the time: - **A disciplinary warning that was fairly given.** Being disciplined through a fair process is not a breach, even if you disagree with it. - **Ordinary performance management.** Being set targets, monitored, or put on a support plan, handled reasonably, is the employer doing its job. - **A lawful instruction you dislike.** A reasonable management instruction within your contract is not a breach because you would rather not. - **A single heated exchange.** One argument, even a bad one, rarely reaches the threshold on its own. - **General workplace stress** not caused by specific, identifiable employer conduct. - **Minor or one-off unfairness** that does not go to the root of the contract. The gap between "my employer treated me unreasonably" and "my employer fundamentally breached my contract" is exactly where most constructive dismissal claims fail. Unreasonable is not the test; **fundamental breach** is. ## Why the same situation can go either way Here is what surprises people most: identical conduct by an employer can support a strong claim for one person and no claim at all for another. That is because the claim depends on **three** things, not just the employer's behaviour: 1. **Was there a fundamental breach?** The seriousness of the conduct. 2. **Did you resign in response to it?** Your resignation has to be because of the breach, not for an unrelated reason. 3. **Did you avoid waiting too long?** If you carried on working for weeks or months without objecting, a tribunal may find you **affirmed** the contract - accepted the breach and lost the right to treat it as a dismissal. So take two people who both had their pay cut without agreement. The first objects in writing straight away, raises a grievance, and resigns within a few weeks when nothing changes. The second says nothing, keeps working on the reduced pay for six months, then resigns. **Same breach, very different claims** - the first is well-positioned; the second may have affirmed the contract. This is why your response and timing often matter as much as the employer's conduct. ## The "last straw" pattern Many real situations are not one dramatic event but a slow accumulation - a removed responsibility, an excluded meeting, a grievance that goes nowhere. The **last straw doctrine** lets you rely on the whole series, with a final incident triggering your resignation. The last straw need not be serious on its own, but it must add something to the pattern - an entirely innocuous act cannot revive grievances you had already accepted. These claims live or die on a **dated, documented record** of each incident. ## What strengthens a borderline example If your situation sits in the grey area, the same actions that protect your legal position also tend to make the difference: - **Object in writing**, promptly, and keep working "under protest" rather than silently accepting - **Raise a formal grievance** in line with the [Acas Code](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures) - the [grievance letter guide](/resources/how-to-write-a-grievance-letter) shows how - **Keep a dated record** of every incident, plus the emails, messages and letters - **Do not delay** resigning once it is clear nothing will change - and get the [tribunal deadline](/resources/employment-tribunal-deadlines) right, as it runs from the date you resign ## Key takeaway Constructive dismissal examples are less about a fixed list and more about a threshold: did the employer's conduct fundamentally breach your contract, and did you respond in a way that preserved your position? Serious pay cuts, unjustified demotion, ignored bullying and unaddressed grievances often qualify; fair warnings, ordinary performance management and one-off arguments usually do not. And because timing and your own response can decide a borderline case, the same facts really can go either way. If you recognise your situation here, the safest move is to test it against the full legal test before doing anything irreversible. _This article is legal information, not legal advice. Whether a specific situation amounts to constructive dismissal depends on the facts; check the current position via the official sources linked above, or contact Acas._ --- # Gross Misconduct: What Counts, Your Rights, and What You Are Owed URL: https://aricase.ai/resources/gross-misconduct-explained Last updated: 2026-06-15 Quick answer: Gross misconduct is conduct so serious that it destroys the trust at the heart of the employment relationship, allowing an employer to dismiss without notice or notice pay (summary dismissal). Common examples include theft, fraud, violence, serious health and safety breaches, and gross negligence. But even for genuine gross misconduct, the employer must still follow a fair procedure - investigate, hold a hearing, allow you to respond, and offer an appeal. A dismissal for 'gross misconduct' that skips those steps, or where the conduct was not really that serious, can still be unfair. Few phrases at work carry more weight than "gross misconduct". Being accused of it - or dismissed for it - is frightening, because it usually means being marched out without notice and with your reputation on the line. But the label is often used more loosely than the law allows. This guide explains what gross misconduct actually is, what counts as an example, whether a single offence can justify dismissal, what you are still owed, and when a gross misconduct dismissal can be challenged as unfair. > **Why the procedure still matters:** even where the conduct is genuinely serious, an employer that skips a fair process can turn a defensible dismissal into an unfair one. Gross misconduct changes what pay you get; it does not switch off your right to a fair procedure. See the [disciplinary hearing rights guide](/resources/disciplinary-hearing-rights) for what a fair process looks like. ## What is gross misconduct? Gross misconduct is conduct so serious that it goes to the root of the employment relationship - it destroys the mutual trust and confidence the contract depends on. Because of that seriousness, it allows an employer to **dismiss without notice or notice pay**, known as **summary dismissal**. Ordinary misconduct, by contrast, usually leads to a warning, and only to dismissal after a pattern or a final warning. The key distinction is severity. A late arrival is misconduct. Assaulting a colleague is gross misconduct. The line between the two is where most disputes live. ## Common examples of gross misconduct There is no fixed legal list, but the [Acas guidance](https://www.acas.org.uk/dismissals) and most employers' policies treat the following as capable of being gross misconduct: - **Theft, fraud, or dishonesty** - including falsifying records or expenses - **Physical violence or serious threats** towards colleagues or others - **Serious bullying, harassment or discrimination** - **Gross negligence** that causes, or risks, serious loss or harm - **Serious health and safety breaches** - **Being under the influence of drugs or alcohol** at work, where it affects safety or performance - **Serious insubordination** - a deliberate, serious refusal to follow a reasonable instruction - **Serious breach of confidentiality** or misuse of confidential information - **Bringing the employer into serious disrepute** Two cautions. First, context matters: whether conduct is *gross* misconduct can depend on the job, the harm caused, and the employer's own written policy. Second, the employer must still prove it happened and that dismissal was reasonable - listing something in a policy does not make dismissal automatic. ## Can you be dismissed for a first offence? Yes - and this is what sets gross misconduct apart. Ordinary misconduct normally requires a series of warnings before dismissal. Genuine gross misconduct can justify dismissal for a **single first offence**, because the conduct is serious enough on its own to break the relationship. But "can" is not "must", and a first offence does not remove your procedural rights. Before dismissing, the employer should still: - carry out a **reasonable investigation** into what actually happened - put the allegations to you clearly, in writing, before the hearing - hold a **disciplinary hearing** where you can respond, with the right to be accompanied - consider whether dismissal is a **reasonable response**, or whether a lesser sanction fits - offer an **appeal** Skipping these steps is how employers turn a genuine gross misconduct case into an unfair dismissal. ## What pay are you owed? This is where gross misconduct bites financially. If you are **lawfully** summarily dismissed for gross misconduct, you lose your right to **notice or notice pay** - that is the whole point of summary dismissal. But you do **not** lose pay you have already earned. Your employer must still pay you: - **wages for work already done** up to the dismissal date - **accrued but untaken holiday pay** An employer cannot withhold wages you have already earned as a punishment. If money you have earned is being withheld, that can be an [unlawful deduction from wages](/resources/unpaid-wages-unlawful-deductions). And if the gross misconduct finding was **wrong** - the conduct did not happen, or was not serious enough to justify summary dismissal - you may be able to recover the notice pay you were denied through a [wrongful dismissal](/resources/wrongful-dismissal) claim, which is about the contractual right to notice rather than the fairness of the dismissal. ## What happens immediately after a gross misconduct dismissal? A lawful gross misconduct dismissal is a **summary** dismissal - it takes effect at once, with no notice and no notice pay. A few practical points follow from that: - **No notice or pay in lieu (PILON).** Because the dismissal is without notice, there is normally no notice pay and no payment in lieu - that is the financial consequence of a lawful gross misconduct finding. If the finding is later overturned on appeal or at tribunal, the notice pay you were denied can become recoverable through a [wrongful dismissal](/resources/wrongful-dismissal) claim. - **You are still paid what you have earned.** Wages for work already done and accrued but untaken holiday must still be paid. - **Your P45 and references.** You are entitled to your P45. An employer is not generally obliged to give a reference, but any reference it does give must be fair and not misleading. - **The appeal window is short.** Employers usually set a tight deadline (often around five working days) to appeal in writing. Lodging an appeal keeps your options open and is expected under the Acas Code. ## When a gross misconduct dismissal is unfair A dismissal labelled "gross misconduct" can still be an [unfair dismissal](/resources/unfair-dismissal). If you have the qualifying service (generally two years, though this is due to reduce under the Employment Rights Act 2025), a tribunal will ask whether the employer: - **genuinely believed** the misconduct occurred, on reasonable grounds - carried out a **reasonable investigation** before reaching that belief - followed a **fair procedure**, broadly in line with the Acas Code - treated **dismissal as within the range of reasonable responses** - not an overreaction to relatively minor conduct If the answer to any of these is no, the dismissal can be unfair even if you did something wrong. Common failings include a pre-judged outcome, a token investigation, denying the right to be accompanied, refusing an appeal, or dismissing for conduct that simply was not serious enough. An unreasonable failure to follow the Acas Code can also increase compensation by up to 25%. Some dismissals need no qualifying period at all - for example, where the real reason is [whistleblowing](/resources/whistleblowing-at-work), or where the treatment is discriminatory. If a gross misconduct allegation is being used as cover for one of those, the picture changes significantly. ## What to do if you are accused If you are facing a gross misconduct allegation: - **Ask for the allegations and evidence in writing** before the hearing, so you can prepare - **Take up your right to be accompanied** at the hearing by a colleague or union rep - **Prepare your response** with dates, documents and any witnesses - **Appeal** a dismissal within the employer's deadline, in writing, setting out why it was wrong - **Keep every document** - the invitation letters, evidence pack, notes and outcome letters The [disciplinary hearing rights guide](/resources/disciplinary-hearing-rights) covers the process in detail, and if you believe the allegation is being handled unfairly, a [grievance](/resources/how-to-write-a-grievance-letter) can run alongside it. ## Key takeaway Gross misconduct is serious conduct that lets an employer dismiss without notice - but the label is not a shortcut around fairness. It can justify dismissal for a first offence, and it costs you your notice pay, but it never removes your right to a proper investigation, a fair hearing and an appeal, and you are always still owed the wages and holiday you have already earned. If the conduct was not really that serious, or the process was skipped, a "gross misconduct" dismissal can still be unfair - or a wrongful dismissal if you were denied notice you were owed. _This article is legal information, not legal advice. Whether specific conduct amounts to gross misconduct depends on the facts; check the current position via the official sources linked above._ --- # The 5 Fair Reasons for Dismissal Under UK Law URL: https://aricase.ai/resources/fair-reasons-for-dismissal Last updated: 2026-06-12 Quick answer: UK law recognises only five potentially fair reasons for dismissal, set out in section 98 of the Employment Rights Act 1996: (1) conduct, (2) capability or qualifications, (3) redundancy, (4) illegality, and (5) some other substantial reason (SOSR). A fair reason is necessary but not sufficient - the employer must also act reasonably and follow a fair procedure. Fail either part and the dismissal can still be unfair. If you have been dismissed, or fear you might be, one question sits underneath all the others: was the employer even allowed to do this? UK law does not let employers dismiss for any reason they like. It recognises only **five potentially fair reasons** for dismissal, set out in [section 98 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/98). This guide explains all five in plain English - and, just as importantly, why having a fair reason is only half of what makes a dismissal fair. > **The two-part test:** for a dismissal to be fair, the employer needs (1) a **fair reason** - one of the five below - **and** (2) to have acted **reasonably** in treating that reason as sufficient, including following a fair procedure. Fail either part and the dismissal can be unfair. See the [unfair dismissal guide](/resources/unfair-dismissal) for the full picture. ## 1. Conduct **Conduct** covers how you behave at work. It ranges from minor misconduct (persistent lateness, failing to follow reasonable instructions) usually addressed through warnings, up to **gross misconduct** (theft, violence, serious dishonesty) that can justify dismissal without notice for a single first offence. For a conduct dismissal to be fair, the employer generally has to: - **genuinely believe** the misconduct happened, on **reasonable grounds** - have carried out a **reasonable investigation** - have followed a **fair procedure** - a proper hearing, the right to be accompanied, and an appeal The [gross misconduct guide](/resources/gross-misconduct-explained) covers the serious end, and the [disciplinary hearing rights guide](/resources/disciplinary-hearing-rights) sets out what a fair process looks like. Where dismissal was summary but the conduct did not genuinely reach the gross misconduct threshold, there may also be a [wrongful dismissal](/resources/wrongful-dismissal) claim for the notice pay you were denied. ## 2. Capability or qualifications **Capability** is about whether you can do the job - measured by skill, aptitude, health, or performance. **Qualifications** covers a genuine, relevant qualification the role requires. There are two very different situations inside this category: - **Poor performance.** A fair performance dismissal normally needs clear standards, a genuine chance to improve with support, a warning that the job is at risk, and a fair process. Dismissing for performance out of the blue is usually unfair. - **Ill health.** Long-term sickness can be a capability reason, but a fair ill-health dismissal usually requires up-to-date medical evidence, consultation with you, and - importantly - consideration of [reasonable adjustments](/resources/reasonable-adjustments-at-work) if a disability is involved, because dismissing without them can also be disability discrimination. ## 3. Redundancy **Redundancy** is a potentially fair reason where the need for the work you do has genuinely reduced or disappeared. But it is only fair if it is done properly: a genuine redundancy situation, a fair selection pool and criteria, meaningful consultation, and consideration of suitable alternative work. Where those steps are missing - a sham redundancy, a rigged pool, no consultation - the "redundancy" can be an unfair dismissal. The [redundancy pay guide](/resources/redundancy-pay-explained) covers your entitlements, and redundancy handled unfairly runs as an ordinary unfair dismissal claim. ## 4. Illegality (statutory restriction) The fourth reason is narrow but real: dismissal is potentially fair where **continuing to employ you would break the law**. The classic example is a driver who loses their licence and whose job requires driving, or an employee whose right to work in the UK has genuinely lapsed. Even here, the employer should act reasonably - for instance, checking whether the restriction is genuine, whether it is temporary, and whether alternative work exists - rather than treating illegality as an automatic exit. An employer that jumps to dismissal on a mistaken belief about the law can still dismiss unfairly. ## 5. Some other substantial reason (SOSR) The fifth category is a catch-all: **"some other substantial reason"** of a kind that justifies dismissal, for situations that do not fit the other four but are still genuine and substantial. Recognised examples include: - a **serious, irretrievable breakdown** in working relationships - a **third party (such as a key client) refusing to work with you**, where the employer cannot reasonably resolve it - a **business reorganisation** that is not technically redundancy - **refusal to accept a genuinely necessary change** to terms SOSR is not a loophole. The reason has to be genuinely substantial, not trivial or a cover for something else, and the usual reasonableness and procedure requirements still apply. ## Why a fair reason is only half the story Here is the point that catches many employers - and gives many claimants a case. Falling within one of the five reasons makes a dismissal **potentially** fair, not automatically fair. The employer must **also**: - act **reasonably** in treating the reason as sufficient to dismiss (was dismissal within the range of reasonable responses, or an overreaction?) - follow a **fair procedure**, broadly in line with the [Acas Code](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures) A genuine reason handled through a rushed, biased, or defective process can still be an unfair dismissal. An unreasonable failure to follow the Acas Code can also increase compensation by up to 25%. ## The reasons that are never fair Separately, some dismissals are **automatically unfair** regardless of process, and most need no qualifying period. These include dismissal for [whistleblowing](/resources/whistleblowing-at-work), for pregnancy or taking family leave, for trade union membership or activity, for asserting a statutory right, or for a discriminatory reason under the Equality Act 2010. If the real reason for your dismissal is one of these, dressing it up as "conduct" or "SOSR" does not save it - see the [automatic unfair dismissal guide](/resources/automatic-unfair-dismissal). ## Key takeaway There are exactly five potentially fair reasons an employer can dismiss you for: conduct, capability or qualifications, redundancy, illegality, and some other substantial reason. If your dismissal does not genuinely fit one of them, it is unfair. But even when it does, that is only half the test - the employer still has to act reasonably and follow a fair procedure. So there are two questions worth asking about any dismissal: was the reason really one of the five, and was it handled fairly? A "no" to either can mean you have a claim. _This article is legal information, not legal advice. Whether a specific dismissal was fair depends on the facts and the procedure followed; check the current position via the official sources linked above._ --- # Bullying and Harassment at Work: Legal Options URL: https://aricase.ai/resources/bullying-and-harassment-at-work Last updated: 2026-06-11 Quick answer: There is no standalone legal claim for bullying and harassment at work in the UK, but that does not mean you have no options. Two main routes exist: where the behaviour is linked to a protected characteristic (such as race, sex, age or disability) it is unlawful harassment under the Equality Act 2010; where it is not, a sustained course of conduct can support a constructive dismissal claim or other action. Most tribunal claims must be started within 3 months less 1 day of the conduct. What follows is the practical detail behind that. It sets out each legal route that workplace **bullying and harassment** can fall under, how to tell which one fits what is happening to you, and the steps you can take next. It starts with the question that decides everything else. ## Is bullying against the law? Bullying on its own is not a free-standing legal claim. There is no statute you can point to that says "bullying is unlawful" and gives you a right to compensation for it. **Bullying** is a general description for repeated, unreasonable behaviour that undermines, intimidates, or humiliates someone, but it has no single legal definition. That does not mean the law is silent. It means the conduct has to fit a recognised legal route before a tribunal or court can deal with it. The two questions that decide which route applies are: is the behaviour related to a **protected characteristic**, and has it gone so far that it breaches your contract? Everything below flows from those two questions. ## When does bullying become unlawful harassment? The most important route is **harassment** under [section 26 of the Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/section/26). Unlike bullying, harassment is unlawful in its own right - but only where the conduct is linked to a protected characteristic. Harassment is defined as unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The protected characteristics are the same ones that underpin discrimination law - age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation among them (we cover all nine in the [workplace discrimination guide](/resources/workplace-discrimination)). Three points matter: - **"Related to" is broad.** The conduct does not have to be aimed at you because of your own characteristic. Harassment can include offensive comments about a characteristic you do not share, or treatment based on a characteristic someone wrongly thinks you have. - **Effect counts, not just intent.** The law looks at whether the conduct had the prohibited effect, judged partly from your perspective. The harasser does not need to have meant to cause harm. - **A single incident can be enough.** One serious comment or act can amount to harassment - it does not have to be a sustained campaign. ### Comparison: bullying versus harassment | | General bullying | Harassment (Equality Act 2010) | |---|---|---| | Legal definition | None | Section 26 Equality Act 2010 | | Must relate to a protected characteristic | No | Yes | | A standalone tribunal claim | No | Yes | | Single incident can qualify | Rarely on its own | Yes | | Who can be liable | Limited routes only | Employer, plus the individual harasser | ### Concrete examples of harassment In similar situations, tribunals have treated the following as capable of amounting to harassment: persistent "jokes" about a colleague's accent or nationality; comments about someone being "past it" because of their age; mimicking a disabled employee's condition; unwanted comments of a sexual nature; and circulating offensive material about religion or sexual orientation. The common thread is that each is unwanted conduct tied to a protected characteristic. ## What is the duty to prevent sexual harassment? Sexual harassment is a specific form of harassment - unwanted conduct of a sexual nature. Since **26 October 2024**, employers carry an extra legal duty around it. Under the [Worker Protection (Amendment of Equality Act 2010) Act 2023](https://www.legislation.gov.uk/ukpga/2023/51/contents), employers must take reasonable steps to prevent sexual harassment of their workers. This is a proactive duty - it is not enough to react after a complaint. Where an employee succeeds in a sexual harassment claim and the tribunal finds the employer breached this duty, it can increase the compensation by up to 25 percent. The Employment Rights Act 2025 is expected to strengthen this duty - for example, by raising the standard to "all reasonable steps" and widening protection against third-party harassment - but those changes are not yet in force. Check the current position before relying on them. ## What if the conduct is not linked to a protected characteristic? This is the hardest situation, because the Equality Act 2010 does not apply. A bullying manager who treats everyone badly, regardless of any characteristic, will not usually expose the employer to a harassment claim. But several routes remain. **Constructive dismissal.** If the bullying is serious enough to amount to a **fundamental breach** of your contract - in particular a breach of the implied term of trust and confidence - you may be able to resign and claim constructive dismissal. This is a high bar, and the mechanics (the breach, resigning promptly, not affirming the contract) matter a great deal. We cover that fully in the [constructive dismissal guide](/resources/constructive-dismissal-explained) - delegate the detail there before deciding to resign, because resigning at the wrong moment can weaken the claim. **Your employer's duty of care.** Employers owe employees a duty to provide a safe system and place of work, which extends to mental health and to protecting staff from a course of bullying once it is known about. A failure here can feed a grievance, a constructive dismissal claim, or in serious cases a personal injury claim where the bullying caused a recognised psychiatric injury. **The Protection from Harassment Act 1997.** This is a civil (and criminal) route separate from employment law. The [Protection from Harassment Act 1997](https://www.legislation.gov.uk/ukpga/1997/40/contents) makes it unlawful to pursue a "course of conduct" (generally at least two incidents) that amounts to harassment, and it does not require any link to a protected characteristic. Claims under this Act are brought in the civil courts rather than the tribunal, have a longer time limit, and are harder to run - but they can matter where Equality Act routes are closed. ## How should you build a record? Whichever route fits, the evidence problem is the same: bullying often happens in conversations and meetings, not in writing. The single most useful habit is a contemporaneous **diary**. Note what happened, the date and time, who was present, and what was said - as close to the event as possible. Keep copies of any emails, messages, or rotas that show the pattern. Save documents to a personal account, not just your work system, since access can be cut off quickly. For how tribunals weigh different kinds of evidence and how to organise it, see the [employment tribunal evidence guide](/resources/employment-tribunal-evidence) - that is the home for evidence detail and we delegate it there rather than repeat it. ## How do you raise it formally? Raising the issue in writing turns a private grievance into a documented one. A formal grievance creates a paper trail, engages the **ACAS Code of Practice**, and forces the employer to respond. Under [section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992](https://www.legislation.gov.uk/ukpga/1992/52/section/207A), a tribunal can adjust compensation by up to 25 percent where either side unreasonably fails to follow the ACAS Code - upward where the employer ignored it. The mechanics of writing the letter - what to say, where to send it, how to request a meeting - are covered in full in the [how to write a grievance letter guide](/resources/how-to-write-a-grievance-letter). We delegate the letter detail there. ## What remedies might be available? If a harassment claim succeeds, compensation is uncapped and can include financial losses and an award for injury to feelings under the Vento bands, with the up-to-25-percent uplift where the sexual-harassment preventative duty was breached. The detail of how those awards are built up belongs in the [employment tribunal compensation guide](/resources/employment-tribunal-compensation), which we delegate to here. ## What is the deadline? For most tribunal claims, including harassment and constructive dismissal, the deadline is **3 months less 1 day** from the act complained of (or the last act in a continuing course of conduct). This is a strict deadline, and in practice missing it almost always bars the claim. Before you can lodge a tribunal claim you must start **ACAS Early Conciliation**, which pauses the clock while it runs - but you have to start it before the 3-month deadline expires. The Employment Rights Act 2025 is expected to extend many tribunal time limits to 6 months from around October 2026, but that change is not in force, so do not rely on it. To work out your exact date, use the [tribunal deadline calculator](/tools/tribunal-deadline-calculator), and see the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) for how the timing fits together. ## Key takeaway The word "bullying" describes the harm, but the law works through specific doors. If the conduct is tied to a protected characteristic, harassment under the Equality Act 2010 is a direct route. If it is not, your options run through grievance, constructive dismissal, your employer's duty of care, and occasionally the Protection from Harassment Act 1997. Whichever applies, start a dated diary now, raise it formally, and protect your 3 months less 1 day deadline. Do not assume that because there is no claim called "bullying", you are out of options. *This article is legal information, not legal advice. Employment law is fact-specific, and which route fits depends on the detail of what happened. If you are unsure how this applies to your situation, you may want to consider speaking to an employment law specialist.* --- # Holiday Pay Entitlement: What You Are Owed and How to Claim It URL: https://aricase.ai/resources/holiday-pay-entitlement Last updated: 2026-06-11 Quick answer: Your statutory holiday pay entitlement in the UK is 5.6 weeks of paid leave a year - 28 days for a five-day week, which can include bank holidays. Part-time workers get the same 5.6 weeks pro-rata. Holiday pay must reflect your normal pay, including regular overtime and commission. If your employer underpays or refuses holiday pay, you can claim it as an unlawful deduction, usually within 3 months less 1 day of the last shortfall. Holiday pay is one of the most commonly underpaid rights at work, partly because the rules are more detailed than most people assume. Your **holiday pay entitlement** is set by the [Working Time Regulations 1998](https://www.legislation.gov.uk/uksi/1998/1833/regulation/13), and it covers far more than just the number of days off. It also governs how much each day of leave must be paid, how it is calculated for irregular hours, and what happens to leave you never took when you leave a job. This guide explains how the 5.6 weeks is built up, what has to be included in a week's holiday pay, the rules for irregular-hours and part-year workers, what you are owed on termination, and how to claim if your employer has underpaid you. ## How much holiday am I entitled to? Almost every worker in England and Wales is entitled to **5.6 weeks** of paid annual leave each year. For someone working a standard five-day week, that is **28 days**. The 5.6 weeks is made up of two separate legal layers: - **4 weeks** of "basic" leave under [regulation 13](https://www.legislation.gov.uk/uksi/1998/1833/regulation/13), which comes from retained EU law. - **1.6 weeks** of "additional" leave under [regulation 13A](https://www.legislation.gov.uk/uksi/1998/1833/regulation/13A), which is purely domestic. This split matters because some technical rules (such as what counts in the pay calculation and how leave carries over) historically applied differently to the two layers. Two points catch people out. First, **bank holidays can count towards your 5.6 weeks** - there is no separate statutory right to paid bank holidays on top. Whether you get them off and paid in addition depends on your contract. Second, the statutory entitlement is **capped at 28 days**, so even if you work six days a week, your legal minimum does not rise above 28 days (though your contract may give more). ## How does holiday work for part-time workers? Part-time workers get the same 5.6 weeks, applied pro-rata to the days they work. The simplest method is to multiply the number of days worked per week by 5.6. | Days worked per week | Statutory holiday entitlement (5.6 weeks) | |---|---| | 5 days | 28 days | | 4 days | 22.4 days | | 3 days | 16.8 days | | 2 days | 11.2 days | | 1 day | 5.6 days | So a worker doing three days a week is entitled to **16.8 days** of paid leave a year. Employers can round entitlement up, but never down. If the numbers produce part-days, those fractions are real entitlement and should be honoured or paid out, not quietly dropped. ## What counts as a week's holiday pay? A common employer error is paying holiday at basic salary only, when the worker's normal earnings are higher. The rule is that a week's holiday pay must reflect your **normal remuneration**, not just contractual basic pay. That means the following should usually be included when they form part of what you normally earn: - **Regular or compulsory overtime** - overtime you work consistently enough that it is part of your normal pattern. - **Results-based commission** - so a salesperson's holiday pay should reflect the commission they would normally have earned, not drop to bare salary. - **Regular allowances and shift premiums** tied to the way you normally work. For workers whose pay varies week to week, the calculation uses an average over a **52-week reference period** (counting back over weeks in which you were actually paid, ignoring unpaid weeks, going back up to 104 weeks to find 52 paid weeks). The principle, established in case law and now reflected in [GOV.UK guidance](https://www.gov.uk/holiday-entitlement-rights), is that taking leave should not leave you financially worse off than working. ## How does holiday pay work for irregular-hours and part-year workers? If you work irregular hours (for example on a zero-hours basis) or only part of the year (such as a term-time-only worker), special rules apply for leave years starting **on or after 1 April 2024**. For these workers, holiday accrues at **12.07% of the hours worked** in each pay period. The figure is not arbitrary: 5.6 weeks of leave is 12.07% of the 46.4 working weeks left in the year once the leave itself is removed (5.6 divided by 46.4 = 0.1207). ### A worked example Suppose an irregular-hours worker does **60 hours** in a month. Their accrued holiday for that month is: 60 hours x 12.07% = **7.24 hours** of paid leave. Employers can also use **rolled-up holiday pay** for these workers, meaning they add a **12.07% uplift** on top of pay each period instead of paying at the time leave is taken. For example, on £600 of earnings that month, the rolled-up holiday element would be £600 x 12.07% = **£72.42**. To be lawful, rolled-up holiday pay must be **itemised separately** on the payslip, not hidden inside the headline hourly rate. If you are on a zero-hours contract, your wider rights are covered in our guide to [zero-hours contract rights](/resources/zero-hours-contract-rights). ## What holiday pay am I owed when I leave? When your employment ends, you are entitled to be paid for any statutory annual leave you have **accrued but not taken** in the current leave year. This payment in lieu is provided for in [regulation 14](https://www.legislation.gov.uk/uksi/1998/1833/regulation/14) of the Working Time Regulations 1998. ### A worked example Take a worker on a five-day week, so a 28-day annual entitlement, whose leave year runs from 1 January. They leave on **30 June** - exactly half the year - having taken **5 days** of leave. 1. Accrued entitlement to the leaving date: 28 days x (6 months / 12 months) = **14 days**. 2. Less days already taken: 14 - 5 = **9 days owed**. 3. If their daily pay is £100, the termination payment for untaken leave is 9 x £100 = **£900**. This payment is wages, and it is taxable in the normal way. Note that regulation 14 only permits a cash payment for untaken statutory leave on termination - during employment, statutory leave must generally be taken as time off, not bought out. Where notice pay also comes into play on leaving, the rules on notice are covered in our [notice periods guide](/resources/notice-periods-uk). ## Can I carry holiday over to next year? The general rule is that statutory leave should be taken in the leave year it relates to. Carry-over is limited and depends on the circumstances: - The **4 weeks** of basic leave can generally be carried over where you were unable to take it because of sickness, or because of maternity or other family leave. - Where an employer fails to give you a genuine opportunity to take your leave, or fails to tell you that untaken leave will be lost, that leave can carry over rather than simply disappear. - Contractual leave above the statutory minimum is carried over only on whatever terms your contract sets. If your employer operates a strict "use it or lose it" policy but never actually let you take the leave, the leave may not be lost at all. ## What can I do if my holiday pay is unpaid or underpaid? If your employer refuses your holiday pay, pays you at the wrong rate, or fails to pay accrued leave on termination, you have two main routes: 1. **A claim under the Working Time Regulations 1998** for a failure to allow you to take leave or pay you for it. 2. **An unlawful deduction from wages claim** under the Employment Rights Act 1996, which is the route most often used where holiday pay has simply been underpaid. The mechanics of an unlawful deduction claim - how a "series" of deductions works, the two-year backstop, and how to calculate what you are owed - are covered in detail in our guide to [unpaid wages and unlawful deductions](/resources/unpaid-wages-unlawful-deductions). The short version is that you can usually reach back through a connected series of underpayments, but an award cannot generally recover deductions made more than **two years** before the claim. ## What is the deadline to claim? The time limit is tight. For an unlawful deduction claim, you have **3 months less 1 day** from the date of the last deduction in the series. Miss it, and in practice your claim is almost always barred. Before you can issue a tribunal claim you **must** start [ACAS Early Conciliation](/resources/acas-early-conciliation), which pauses the clock while it is in progress. The full mechanics of how the clock runs, pauses and restarts are set out in our [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines), and you can sanity-check a date using the free [tribunal deadline calculator](/tools/tribunal-deadline-calculator). ## Key takeaway Your holiday is worth more than a number of days off: it is paid leave that must reflect what you normally earn, including regular overtime and commission. If your employer has been paying basic salary only, paying nothing for accrued leave when you left, or ignoring the 12.07% rules for irregular hours, you may be owed money. The deadline to claim is short, so if you think you have been underpaid, check the figures and the dates without delay. --- *This article is legal information, not legal advice. If your holiday pay arrangements are complex - for example variable pay, long-running underpayments, or a disputed leaving date - you may want to consider taking independent legal advice.* --- # Protected Conversations: What It Means When Your Employer Wants One URL: https://aricase.ai/resources/protected-conversations-explained Last updated: 2026-06-11 Quick answer: A protected conversation is a pre-termination negotiation that, under section 111A of the Employment Rights Act 1996, cannot normally be used as evidence in an ordinary unfair dismissal claim. It usually means your employer wants to discuss you leaving, often with a settlement offer. The protection is narrow: it does not apply to discrimination, whistleblowing, automatically unfair dismissal, or where there is improper behaviour. Never sign anything on the spot. The legal basis is [section 111A of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/111A). What matters most is what this conversation legally is, what its "protection" actually covers, and - just as importantly - what it does not. This guide explains what a protected conversation is, the critical limits on its protection, how it differs from "without prejudice", how these conversations run and the 10-day consideration rule, your options framed honestly, and why there is no need to sign anything in the room. ## What is a protected conversation? A protected conversation is a **pre-termination negotiation** - a discussion about ending your employment, usually on agreed terms with a financial settlement. Section 111A makes the fact and content of such a negotiation **inadmissible** as evidence if you later bring an **ordinary unfair dismissal** claim. The purpose is to let employers and employees have a frank conversation about parting ways without either side worrying that what they say will be quoted back at a tribunal. So if your employer opens with "we think it is not working out and we would like to discuss you leaving with a package", section 111A is what lets them say that without it automatically becoming evidence in an unfair dismissal case. But - and this is the part most people are not told - the protection is **narrow**. It only bites on one type of claim. ## What a protected conversation does NOT protect This is the most important section. Section 111A protection applies to **ordinary unfair dismissal only**. The conversation is **not** protected, and can still be used as evidence, in any of the following: - **Discrimination claims** under the Equality Act 2010 - for example if the conversation suggests you are being pushed out because of age, sex, race, disability, pregnancy or another protected characteristic. - **Automatically unfair dismissal** - including dismissal connected to [whistleblowing](/resources/whistleblowing-at-work), pregnancy or maternity, trade union activity, or asserting a statutory right. - **Breach of contract** claims. - Any situation involving **improper behaviour** (explained below). There is also a separate **improper behaviour exception** that can strip away the protection even for an ordinary unfair dismissal claim. The ACAS Code of Practice gives examples, including: - **Undue pressure** - such as telling you that you will be dismissed anyway if you do not accept, before any fair process has happened. - **Threats**, bullying, harassment or victimisation during the discussion. - Giving you an **unreasonably short time** to decide. - Discrimination during the conversation itself. If the conversation strays into any of this, a tribunal may rule that it was not protected after all, and let it in as evidence. ## Protected conversation versus without prejudice People often confuse the section 111A protected conversation with the older **without prejudice** rule. They overlap but are not the same, and the differences matter. | Feature | Protected conversation (s.111A) | Without prejudice | |---|---|---| | Legal basis | Statute - s.111A ERA 1996 | Common law | | Needs an existing dispute? | No - works even with no prior dispute | Yes - requires a genuine existing dispute | | What it shields against | Ordinary unfair dismissal claims only | A broader range of claims, where it applies | | Discrimination claims covered? | No | Sometimes, if it relates to the dispute | | Lost by improper behaviour? | Yes | Yes (the "unambiguous impropriety" exception) | In practice, employers often try to rely on **both** at once - labelling a discussion "without prejudice and protected under section 111A" - to cover as many bases as possible. Neither label is a magic shield, and neither helps the employer if there is improper behaviour or if your real claim is, say, discrimination rather than ordinary unfair dismissal. ## How do these conversations usually run? A typical protected conversation follows a pattern: 1. You are invited to a meeting, sometimes at short notice, sometimes told it is "informal" or "off the record". 2. Your employer explains, often briefly, why they think the relationship should end. 3. You are presented with a **written settlement offer** - a sum of money, usually in exchange for signing a settlement agreement waiving your claims. 4. You are given a period to consider it and take advice. On timing, the **ACAS Code of Practice on settlement agreements** says a reasonable period to consider a written offer is **at least 10 calendar days**. There is no statutory minimum, but a tighter deadline can itself amount to improper behaviour. If you are told you must decide today, or by the end of the week, you can ask - in writing - for the full 10 days or more. Keep a copy of that request. ## What are my options? You have three, and all of them are legitimate. It helps to look at them neutrally rather than feeling cornered. - **Accept.** Certainty, a clean break and money in hand without the stress of a tribunal can be a genuinely good outcome - if the figure properly reflects what your claim is worth. - **Negotiate.** The first offer is rarely the best. The headline payment, the reference, your leaving date and how notice is handled are all commonly movable. - **Decline.** You can simply say no and carry on in your job. The conversation being "protected" does not oblige you to agree to anything. Be honest with yourself about the practical dynamics, though. An employer who opens a protected conversation has usually already decided they want you gone, and declining may mean a formal process follows. That does not make the offer a trap - sometimes it is fair, sometimes it is not - but it does mean it is worth understanding the value of what you would be giving up before you respond. Working out what a claim might be worth is a topic in its own right, covered in our guide to [employment tribunal compensation](/resources/employment-tribunal-compensation). If the conversation is the product of conduct that has made your position untenable, you may also want to read about [constructive dismissal](/resources/constructive-dismissal-explained). ## What does a fair offer look like? There is no single "right" number, because it depends on your length of service, your earnings, the strength of any claims, and what you would otherwise face. As a frame, a settlement offer is usually weighed against: - the **statutory minimum** you are owed (notice, accrued holiday, any redundancy entitlement), plus - the **value of the claims** you would be waiving, discounted for the risk and stress of litigation. The valuation side - how unfair dismissal and discrimination awards are built up - belongs to our [compensation guide](/resources/employment-tribunal-compensation), and the mechanics of the agreement itself - what is taxable, what to negotiate first, the red flags - belong to our [settlement agreements guide](/resources/settlement-agreements-guide). The point here is simply that you cannot judge whether an offer is fair until you understand both halves of that comparison. ## Why you must not sign on the spot However reasonable the offer sounds, **do not sign in the meeting**. There are two reasons. First, a settlement reached this way is only legally binding if it meets the conditions in [section 203 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/203). One of those conditions is that you must take **independent advice** from a qualified adviser - usually a solicitor - on the terms and effect of the agreement. Signing in the room, before any advice, would not even make the agreement binding. Second, you need time and a clear head to assess the offer against what your claim is worth. Taking the document away, getting advice, and replying in your own time is the normal, expected course - not a sign of bad faith. ## Key takeaway A protected conversation is your employer opening a door to a negotiated exit, with a narrower legal shield than the "off the record" framing suggests. It protects them only against an ordinary unfair dismissal claim, and not at all if your real complaint is discrimination or whistleblowing, or if they behave improperly. You can accept, negotiate or decline. Whatever you do, take the offer away, use the consideration period, get independent advice, and understand what your claim is worth before you respond. --- *This article is legal information, not legal advice. Settlement and pre-termination negotiations turn heavily on the specific facts, so you may want to consider taking independent legal advice before responding to any offer.* --- # Statutory Sick Pay Rights: What Changed in April 2026 URL: https://aricase.ai/resources/statutory-sick-pay-rights Last updated: 2026-06-11 Quick answer: Statutory sick pay is money your employer must pay you when you are too ill to work. Since 6 April 2026 it is a day-one right: there are no longer any waiting days and no minimum earnings threshold, so far more workers now qualify from the first day of sickness. The weekly amount is the lower of the flat statutory rate or 80% of your normal weekly earnings, paid for up to 28 weeks. If you are too ill to work, **statutory sick pay** is the legal minimum your employer must pay you. The rules changed significantly on **6 April 2026** under the [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents), and those changes are now in force: statutory sick pay is a **day-one right**, the three waiting days are gone, and the minimum earnings threshold has been removed. The result is that far more workers - including the lowest paid and those off for only a day or two - now qualify. This guide explains who qualifies under the new rules compared with the old ones, how much you get, when it starts and how long it lasts, the fit note rules, how SSP differs from contractual sick pay, and what to do if your employer refuses to pay. ## Who qualifies for statutory sick pay now? To qualify for statutory sick pay you must be an employee, be off sick (or be treated as incapable of work), and tell your employer within their time limit. What changed in April 2026 is that two long-standing barriers were removed, so the gateway is now much wider. | Feature | Before 6 April 2026 | Since 6 April 2026 (current law) | |---|---|---| | When SSP starts | After 3 "waiting days" - paid from the 4th day | From the **first qualifying day** of sickness | | Minimum earnings | Had to earn at or above the lower earnings limit | **No earnings threshold** - the limit was removed | | Day-one right | No - the earnings rule excluded many new or low-paid workers | **Yes** - SSP is now a day-one right | | Weekly amount | Flat statutory rate (if you qualified) | **Lower of** the flat rate or **80% of normal weekly earnings** | | Maximum duration | Up to 28 weeks | Up to 28 weeks (unchanged) | The practical effect is significant. Under the old rules, a worker who earned below the **lower earnings limit** got nothing, and even those who qualified received nothing for the first three days. Now, a worker who is off sick for two days is entitled to SSP for both days, and there is no minimum amount they must earn first. ## How much statutory sick pay will I get? Under the current rules, your weekly statutory sick pay is the **lower of**: - the **flat statutory weekly rate**, or - **80% of your normal weekly earnings**. This "lower of" formula is the protection that was added when the earnings threshold was removed. Without it, removing the threshold could in some cases have meant a very low earner being paid SSP that exceeded their normal wage; the 80% cap prevents that, while still guaranteeing some sick pay to everyone. The flat statutory rate is updated periodically by the government, so this guide does not quote a figure that could go out of date. Check the current weekly rate on [GOV.UK: Statutory Sick Pay](https://www.gov.uk/statutory-sick-pay) before relying on a number. ### A worked example Suppose the flat statutory weekly rate is set at a given amount, and a worker's normal weekly earnings are very low - say their normal weekly pay is £100. 1. Flat statutory rate: whatever GOV.UK currently shows. 2. 80% of normal weekly earnings: £100 x 80% = **£80**. 3. The worker receives the **lower** of the two, so £80 if that is below the flat rate. A worker earning a normal full-time wage will instead receive the flat statutory rate, because that flat rate will be the lower of the two figures for them. ## When does SSP start and how long does it last? Statutory sick pay is now paid from the **first qualifying day** of your sickness - a qualifying day being a day you would normally have worked. The removal of the waiting days means there is no longer an unpaid gap at the start of a sickness absence. SSP can continue for a maximum of **28 weeks** for a single spell of sickness, or for "linked" periods of sickness that are close together. Once 28 weeks is exhausted, SSP stops, and you may need to look at other support such as Universal Credit or Employment and Support Allowance. ## Do I need a fit note? For the first **seven days** of sickness you can **self-certify** - you simply tell your employer you are unwell, often using their internal form. You do not need any medical evidence for this first week. If your sickness lasts **more than seven days**, your employer can ask for a **fit note** (the document a GP or other healthcare professional issues, once called a "sick note"). A fit note can say you are not fit for work, or that you "may be fit for work" with adjustments. Importantly, an employer cannot simply refuse to pay SSP because a fit note arrives a little late; the entitlement turns on whether you were genuinely incapable of work. ## How does SSP differ from contractual sick pay? Statutory sick pay is the legal floor. Many employers offer **occupational (contractual) sick pay** that is more generous - for example full pay for a set number of weeks, then half pay. Check your contract and staff handbook. - **Occupational sick pay** is whatever your contract promises. It usually absorbs SSP, so you receive the contractual amount, not the two added together. - **Statutory sick pay** is the minimum you must receive if your contract offers nothing better, or once contractual sick pay runs out. If your contract promises occupational sick pay and your employer does not pay it, that is a breach of contract or an unlawful deduction, separate from the SSP rules. ## What if my employer refuses to pay statutory sick pay? If your employer will not pay SSP you think you are owed, take these steps in order: 1. **Raise it in writing.** Set out the dates of absence and ask for the SSP due. Keep a copy. A short, factual [grievance letter](/resources/how-to-write-a-grievance-letter) can help create a paper trail. 2. **Ask HMRC to decide.** HMRC's statutory payments dispute team can issue a formal decision on whether SSP is payable. This is the dedicated route for SSP disputes - see [GOV.UK guidance on disagreeing with an SSP decision](https://www.gov.uk/statutory-sick-pay/if-you-disagree-with-a-decision). 3. **Consider an unlawful deduction claim.** Non-payment of SSP can also be pursued at an employment tribunal as an unlawful deduction from wages. The mechanics of how those claims work - the series rule, the backstop, how to calculate what you are owed - are covered in our guide to [unpaid wages and unlawful deductions](/resources/unpaid-wages-unlawful-deductions). ## Can I be dismissed for being off sick? Being off sick does not protect you from dismissal in every case, but the law constrains what an employer can do. - **Capability dismissals.** An employer may sometimes fairly dismiss for long-term or persistent sickness on grounds of capability, but only after a fair process - including medical evidence, consultation, and considering alternatives. A dismissal that skips these steps may be an [unfair dismissal](/resources/unfair-dismissal). - **Disability discrimination.** If your sickness relates to a disability under the Equality Act 2010, your employer has a duty to make **reasonable adjustments**, and dismissing or penalising you because of disability-related absence may be unlawful discrimination. This is a substantial topic in its own right, covered in our guide to [workplace discrimination](/resources/workplace-discrimination). ## What is the deadline to claim? If you are pursuing unpaid SSP as an unlawful deduction, the time limit is **3 months less 1 day** from the underpayment. If your sickness absence led to dismissal, the unfair dismissal time limit is also **3 months less 1 day** from the dismissal date. These deadlines are strict, and missing one almost always bars the claim. You must start ACAS Early Conciliation before issuing a tribunal claim, which pauses the clock. The full mechanics are in our [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines). ## Key takeaway The April 2026 reforms turned statutory sick pay into a genuine day-one right with no earnings threshold and no unpaid waiting days, which means many workers who previously got nothing are now covered from their first day off. If you have been off sick recently and received no sick pay, it is worth checking your entitlement against the new rules and the current flat rate on GOV.UK - and raising it promptly if you think you have been underpaid. --- *This article is legal information, not legal advice. If your situation involves long-term sickness, possible disability discrimination, or dismissal, you may want to consider taking independent legal advice.* --- # What Happens at an Employment Tribunal Hearing URL: https://aricase.ai/resources/what-happens-at-employment-tribunal-hearing Last updated: 2026-06-11 Quick answer: An employment tribunal hearing is a public hearing where a judge (sitting alone or with a panel of three) decides your claim. Witness statements are usually taken as read, evidence is tested by cross-examination, and both sides make closing submissions. Judgment may be given orally on the day or reserved in writing. There are no hearing fees, and many hearings now take place by video. By the time you have a date for your **employment tribunal hearing**, the hard preparation is mostly behind you. Tribunal hearings are public, there are no fees, and many now take place by video rather than in a courtroom. This piece is about the hearing. For the wider question of how to prepare and run a case on your own, the [self-representation guide](/resources/tribunal-without-solicitor) is the home for that, and we delegate the deeper preparation detail there. ## What happens before the hearing? ![Flowchart of the stages of an employment tribunal claim, from ACAS Early Conciliation through ET1 and ET3 to the final hearing and judgment](/guides/guide-employment-tribunal-stages.png "Where the final hearing sits in the wider tribunal claim process") A final hearing is the end of a process, not the start. After your claim is accepted, the tribunal usually holds a preliminary stage and issues **case-management orders** - a timetable of what each side must do and by when. These orders are not optional. Missing them can lead to your claim being struck out, so the first rule is to diarise every date and meet it. The orders typically cover three things: - **Disclosure.** Each side must share the documents relevant to the issues, helpful or unhelpful. You cannot keep back a document just because it harms your case. - **The bundle.** The parties agree a single, paginated set of all the documents the tribunal will use. The tribunal works only from this agreed **bundle**, so make sure your key documents are in it, with clear page numbers. - **Witness-statement exchange.** Each witness writes a statement, and the two sides usually exchange them simultaneously on a set date so neither can tailor theirs to the other's. Disclosure and bundle mechanics have their own detail - what to include, how to organise it, how tribunals weigh different kinds of evidence. That all lives in the [employment tribunal evidence guide](/resources/employment-tribunal-evidence), which we delegate to here. ### The week-before checklist In the final week, work through a short list: confirm the date, time, and format; check the bundle and witness statements are final and identical to the other side's copies; line up any witnesses and make sure they can attend; re-read your own statement and the key documents; and request any **reasonable adjustments** you need (for a disability, language support, or anything that affects your ability to take part). Tribunals expect to accommodate these and it is better to ask early. ## Who is in the room? The make-up of the panel depends on your claim. An employment judge sits **alone** for most unfair dismissal and unpaid wages claims. For discrimination and whistleblowing claims, a **panel of three** normally sits: the judge plus two non-legal members who bring practical workplace experience, one often from an employer background and one from an employee or union background. They reach the decision together. Also present will be a clerk (who handles the administration and logistics), the other side and their representative, any witnesses while they give evidence, and - because hearings are held in public - potentially members of the public or press. You do not need to worry about the public element; it is simply how open justice works. ## In person or by video? Many hearings now take place by video using the **Cloud Video Platform (CVP)**, especially shorter and preliminary hearings, while longer contested final hearings are often in person. The tribunal tells you the format in advance. If your hearing is by video, treat it with the same seriousness as an in-person one: a quiet room, a stable connection, your documents to hand, and the camera on throughout. If you have a strong reason to prefer one format, you can ask the tribunal to consider it. ## How is the hearing day structured? A final hearing follows a recognisable shape, though the judge controls the order and timing. 1. **Housekeeping and preliminary issues.** The judge introduces everyone, confirms the issues to be decided, checks the bundle, and deals with any last-minute applications or points of procedure. 2. **Evidence.** This is the heart of the hearing. Because written witness statements are usually **taken as read** - the panel reads them rather than having them read aloud - the live part is mostly cross-examination. Each witness confirms their statement is true, then is questioned. 3. **Cross-examination.** The other side's representative asks your witnesses questions to test their evidence, and you do the same to theirs. 4. **Closing submissions.** Each side sums up - drawing the evidence together and explaining why the facts and the law support their case. This can be spoken, written, or both. ### What cross-examination is really like For most people, cross-examination is the part they fear most. It is the other side's representative asking you questions designed to expose gaps or inconsistencies in your account, and it can feel adversarial. In practice it is more controlled than television makes it look. The judge supervises it and will stop questioning that is unfair, repetitive, or oppressive. The approach that works is simple to state and harder to do under pressure: listen to the whole question, answer only what is asked, keep to the facts, point to the document if there is one, and do not argue or make speeches. If you genuinely do not know or cannot remember, say so - an honest "I don't recall" is far stronger than a guess that later unravels. When it is your turn to question their witnesses, ask the short, factual questions you prepared, each anchored to a page in the bundle. ## How and when is the decision given? Sometimes the tribunal gives its **judgment** orally at the end of the hearing, explaining the outcome and the main reasons, with fuller written reasons to follow. In more complex cases - many discrimination claims, for example - it **reserves** judgment, meaning it sends a written decision later, which can take several weeks. If you win, the tribunal then turns to **remedy** - what you are owed. Sometimes remedy is dealt with at the same hearing; in other cases it is held over to a separate **remedy hearing** where compensation is argued and decided. ## What happens after the hearing? Two routes exist if the outcome did not go your way, and they are narrow. - **Reconsideration.** You can ask the same tribunal to reconsider its judgment where it is in the interests of justice - for example, where something went procedurally wrong. The window is short, so act quickly. - **Appeal.** You can appeal to the Employment Appeal Tribunal, but only on a point of **law** - not simply because you disagree with the findings of fact. The deadline is strict: generally **42 days** from the date the written judgment or reasons were sent. See [GOV.UK's appeal guidance](https://www.gov.uk/appeal-employment-appeal-tribunal) for the current process before relying on any date. ## Practical points for the day A few small things make a real difference: - **What to wear:** smart, plain, comfortable clothing - treat it like a formal interview. There is no need for anything elaborate. - **What to bring:** your copy of the bundle and witness statements, a notebook and pen, water, and your timetable. For a video hearing, have all of this open and to hand. - **Breaks and pace:** hearings run with breaks, and you can ask for a short pause if you need to compose yourself or check a document. The judge would rather you took a moment than struggled on. - **Adjustments:** if you need them and have not arranged them, raise it at the start - it is never too late to ask. Filing the claim correctly in the first place is its own task, covered in the [ET1 form guide](/resources/how-to-write-et1-form), which is the home for getting the claim form right. ## Key takeaway An employment tribunal hearing is more structured and less theatrical than people fear. The preparation - meeting the orders, agreeing the bundle, writing a clear statement, planning your cross-examination - is what wins or loses cases, and by the time you reach the hearing most of that work is done. On the day, your job is to give honest evidence, test theirs calmly, and explain plainly why the facts support your claim. *This article is legal information, not legal advice. Tribunal procedure can vary between cases and is subject to change. If you are unsure how any of this applies to your situation, you may want to consider speaking to an employment law specialist.* --- # Zero Hours Contract Rights: What You Are Actually Entitled To URL: https://aricase.ai/resources/zero-hours-contract-rights Last updated: 2026-06-11 Quick answer: Zero hours does not mean zero rights. On a zero hours contract you are at least a worker, so you are entitled to the National Minimum Wage, 5.6 weeks paid holiday, rest breaks and protection from unlawful deductions. If you are in fact an employee, you may also gain unfair dismissal protection, statutory redundancy pay and statutory notice. Exclusivity clauses have been unenforceable since 2015. There is a persistent myth that a **zero hours contract** strips you of employment rights. It does not. Zero hours describes only one thing - that your employer is not obliged to guarantee you any minimum number of hours. It says nothing about your legal status or the rights that come with it. In reality, **zero hours does not mean zero rights**: everyone on this kind of contract is at least a worker, and some are employees, which unlocks an even longer list of protections set out in the [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/27A) and related legislation. This guide explains what a zero hours contract actually is, the difference between worker and employee status and why it is the single most important question, the rights everyone has, the extra rights employees get, the ban on exclusivity clauses, and the reforms that are coming but are not yet law. ## What is a zero hours contract? A zero hours contract is an arrangement under which your employer does not guarantee any minimum hours of work. They offer shifts as and when work is available, and in many (though not all) cases you can decline shifts you are offered. What a zero hours contract is **not** is a separate legal category that removes your rights. The label on the contract does not decide your status; the way the relationship actually works does. That is why two people on identically worded zero hours contracts can end up with different rights - one a worker, one an employee - depending on how the arrangement plays out in practice. ## Worker or employee - why does it matter? This is the load-bearing question for almost every zero hours dispute, because your rights depend on which category you fall into. - A **worker** is someone who agrees to do work personally and is not genuinely running a business for a client. Workers get a solid core of rights. - An **employee** works under a contract of employment, with **mutual obligations** - the employer to provide work and the individual to accept it - and gets the worker rights plus a significant set of extra protections. The table below shows which rights attach to each status. | Right | Workers | Employees | |---|---|---| | National Minimum / Living Wage | Yes | Yes | | 5.6 weeks paid holiday | Yes | Yes | | Rest breaks and limits on working time | Yes | Yes | | Protection from unlawful deductions from wages | Yes | Yes | | Whistleblowing protection | Yes | Yes | | Protection from discrimination (Equality Act 2010) | Yes | Yes | | Statutory sick pay | No (unless an employee for SSP purposes) | Yes (day-one since April 2026) | | Unfair dismissal protection | No | Yes (subject to qualifying service) | | Statutory redundancy pay | No | Yes | | Statutory minimum notice | No | Yes | | Right to a written statement of particulars | Yes (basic) | Yes (fuller) | ## What rights does every zero hours worker have? Because everyone on a zero hours contract is at least a worker, the following apply to all of them: - **National Minimum Wage / National Living Wage.** Every hour you actually work must be paid at no less than the legal minimum for your age. Time spent on certain required activities can count too. - **5.6 weeks paid holiday.** All workers accrue paid annual leave. For irregular hours this is normally calculated at **12.07%** of the hours worked. Holiday pay is one of the most commonly underpaid rights for zero hours staff - the full detail, including the 12.07% calculation and rolled-up holiday pay, is in our [holiday pay entitlement guide](/resources/holiday-pay-entitlement). - **Rest breaks and working-time limits.** Daily and weekly rest and limits on average weekly hours apply. - **Protection from unlawful deductions.** Your employer cannot make unauthorised deductions from your wages. - **Whistleblowing protection.** If you make a protected disclosure, you are protected from being penalised for it - see our guide to [whistleblowing at work](/resources/whistleblowing-at-work). - **Protection from discrimination.** The Equality Act 2010 protects workers against discrimination, harassment and victimisation. ## What extra rights do employees get? If, on the facts, you are an **employee** rather than just a worker, you also gain: - **Unfair dismissal protection.** This currently usually requires **two years** of continuous service. The government has targeted reducing that qualifying period to around **six months from 1 January 2027**, but as of mid-2026 that change is not yet in force - so treat the two-year rule as the current position and check the status before relying on a shorter period. - **Statutory redundancy pay**, where the role disappears and you have the qualifying service. How that is calculated is covered in our [redundancy pay guide](/resources/redundancy-pay-explained). - **Statutory minimum notice** of termination, the detail of which is owned by our [notice periods guide](/resources/notice-periods-uk). ### How is status actually decided? Because the contract label is not decisive, a tribunal looks at the reality of the relationship. The key factors include: 1. **Mutuality of obligation** - is the employer obliged to offer work and you obliged to accept it, at least when work is offered? A genuine, ongoing pattern of offering and accepting shifts can point towards employee status even on a "zero hours" label. 2. **Personal service** - must you do the work yourself, or can you send a substitute? A genuine, unfettered right to substitute usually points away from worker or employee status. 3. **Control** - how much does the employer direct how, when and where you work? No single factor is conclusive, and tribunals weigh them together. A long, regular pattern of accepted shifts can, in similar situations, lead a tribunal to find that an employment relationship existed despite the zero hours wording. ## Are exclusivity clauses enforceable? No. A clause in a zero hours contract that prevents you from working for another employer - an **exclusivity clause** - has been **unenforceable since 2015** under [section 27A of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/27A). In practice this means: - You are free to take work from more than one employer. - Any contractual term requiring your employer's consent before you work elsewhere is unenforceable. - If you are dismissed or subjected to a detriment because you worked for someone else, you may have a claim. This matters precisely because a zero hours contract gives you no guaranteed income - being able to combine work from several sources is often essential, and the law protects that. ## What is changing under the Employment Rights Act 2025? The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) is intended to bring substantial reform for zero hours and low-hours workers. The headline measures are expected to include: - A right to be **offered guaranteed hours** that reflect the hours you have regularly worked over a reference period. - A right to **reasonable notice of shifts**. - A right to **payment for shifts cancelled or curtailed at short notice**. These are significant changes, but a clear caution applies: **as of mid-2026 these specific zero hours measures are not yet in force.** They depend on commencement regulations and detailed rules still to be confirmed, and are widely expected to come into effect **around 2027**. Treat them as forthcoming, not current law, and check the up-to-date commencement position before relying on any of them. ## What can I do if I have been underpaid? Underpayment is the most common zero hours problem - unpaid holiday, hours paid below the minimum wage, or deductions you never agreed to. All of these can usually be pursued as an **unlawful deduction from wages**. The mechanics - the series rule, the two-year backstop, and how to calculate what you are owed - are set out in full in our guide to [unpaid wages and unlawful deductions](/resources/unpaid-wages-unlawful-deductions). The time limit is tight: usually **3 months less 1 day** from the last underpayment, and you must start ACAS Early Conciliation before issuing a tribunal claim. You can check a date with the free [tribunal deadline calculator](/tools/tribunal-deadline-calculator). ## Key takeaway Do not assume a zero hours contract leaves you with no protection. You are at least a worker, with the minimum wage, paid holiday, rest breaks and protection from deductions - and if the reality of your arrangement makes you an employee, you may have unfair dismissal, redundancy and notice rights too. The exclusivity ban frees you to work elsewhere, and bigger reforms are on the way, even if they are not yet law. If you think you have been underpaid or penalised, the first step is to check your real status against how you actually work. --- *This article is legal information, not legal advice. Employment status questions can be genuinely difficult, so if your situation is unclear or significant sums are involved, you may want to consider taking independent legal advice.* --- # Your Rights at a Disciplinary Hearing URL: https://aricase.ai/resources/disciplinary-hearing-rights Last updated: 2026-06-10 Quick answer: Your disciplinary hearing rights include knowing the case against you, seeing the evidence and witness statements in advance, reasonable notice to prepare, and being accompanied by a colleague or trade union representative. The ACAS Code of Practice sets the minimum standard of fairness, and a tribunal can adjust compensation by up to 25% where it is unreasonably ignored. You also have the right to appeal any disciplinary outcome. Your disciplinary hearing rights come from three places: the **ACAS Code of Practice on Disciplinary and Grievance Procedures**, statute, and decades of tribunal case law on what a fair process looks like. An employer who cuts corners pays for it later - a tribunal can adjust compensation by up to **25%** where the Code is unreasonably ignored, and a flawed process is often what turns a dismissal into an unfair one. ## What is a disciplinary hearing? A disciplinary hearing is a formal meeting at which your employer puts allegations of misconduct or poor performance to you, hears your response, and then decides what action, if any, to take. It is not a conviction in waiting. The whole point of the hearing is that no decision has been made yet. The framework is the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures). The Code is not a contract and breaching it is not automatically unlawful, but tribunals must take it into account, and under [section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992](https://www.legislation.gov.uk/ukpga/1992/52/section/207A) they can raise or lower any compensation award by up to 25% where either side unreasonably failed to follow it. That single rule shapes how sensible employers run the entire process. ## What is the difference between the investigation and the hearing? A fair process has two distinct stages, and it matters which one you are in. An **investigation meeting** is fact-finding. Its job is to establish what happened and whether there is a case to answer. No disciplinary decision can be made at it, and there is no statutory right to be accompanied at this stage - although many employers allow it as a matter of policy. The **disciplinary hearing** is where the case is formally put to you and an outcome is decided. The ACAS Code expects that, where practicable, different people handle the investigation and the decision. If your employer rolled both into a single meeting, or the investigator also decided the outcome, that is relevant to whether the process was fair. ## What are you entitled to before the hearing? The core right is the right to know the case against you. Under the ACAS Code you can expect: - **Written notification** of the allegations, with enough detail to understand what you are accused of and what the possible consequences are - including whether dismissal is on the table - **Copies of the evidence**, including witness statements, provided in advance so you can respond to it - **Reasonable notice** of the hearing, with enough time to prepare It is worth asking, in writing, for the investigation report, all witness statements, any CCTV or data being relied on, and the disciplinary policy itself. If material is withheld, record that in writing. And if new allegations or new evidence surface during the hearing itself, you can ask for an adjournment to consider them - a fair employer grants it. ## Who can you bring with you? You have a statutory **right to be accompanied** under [section 10 of the Employment Relations Act 1999](https://www.legislation.gov.uk/ukpga/1999/26/section/10). It applies to disciplinary hearings and grievance hearings alike, and your companion can be a trade union representative or a work colleague of your choice. Your companion can do more than sit there. They can present your case, sum it up, respond on your behalf to views expressed at the hearing, and confer with you throughout. What they cannot do is answer questions put directly to you. If your chosen companion cannot attend, you can propose a reasonable alternative time within five working days of the original date, and your employer is expected to rearrange. Refusing a properly made request to be accompanied is a breach of a statutory right in its own right, and useful evidence in any later claim. ## What if you have been suspended? Suspension is a precaution, not a punishment, and it is not a presumption of guilt. ACAS guidance is clear that suspension is expected to be considered only where necessary, kept as brief as possible, reviewed regularly, and normally on full pay. Employers are expected to consider alternatives first, such as a temporary change of duties or location. In practice, a knee-jerk suspension imposed without thought, or one left running for months without review, can itself seriously damage the relationship of trust and confidence between you and your employer. If you are suspended, ask in writing why, for how long, when it will be reviewed, and confirm that you remain on full pay. ## What happens at the hearing itself? A properly run hearing follows a recognisable shape. The employer states the case and goes through the evidence. You respond - to each allegation, with your own evidence and, where arranged in advance, your own witnesses. Both sides can ask questions. The hearing then adjourns before any decision is made; an outcome announced on the spot without any pause suggests the decision was made beforehand. You can ask for breaks, ask for an adjournment if something new comes up, and take notes throughout. The outcome must be confirmed in writing, with reasons and a right of appeal. ## What outcomes can a disciplinary hearing have? Most disciplinary procedures follow a ladder of warnings. The timeframes below are typical, not statutory - your employer's own policy governs the detail. | Outcome | Typically used for | Usually stays live for | |---|---|---| | No action | Allegation not upheld | - | | First written warning | A first or less serious issue | About 6 months | | Final written warning | Serious misconduct, or repeat issues | About 12 months | | Dismissal with notice | Further misconduct after a final warning | - | | Summary dismissal (no notice) | Gross misconduct | - | **Gross misconduct** - conduct so serious it destroys the employment relationship, such as theft, violence or serious dishonesty - can justify dismissal without notice even at a first hearing. Outcomes such as demotion or transfer are only available if your contract or the disciplinary policy allows them. ## Do you have the right to appeal? Yes. The ACAS Code expects every disciplinary outcome to carry a right of appeal, heard where practicable by someone more senior who was not previously involved. Put your appeal in writing, state your grounds - new evidence, procedural failings, or an outcome that was simply too harsh - and keep a copy. Appealing matters even if you have little faith in it. Unreasonably skipping the appeal can cut any later tribunal award by up to 25% under section 207A. But note the trap that catches many people: an appeal does not pause the clock on a tribunal claim. The deadline runs from the dismissal itself. ## When does a flawed process matter legally? If the process ends in dismissal, procedure moves centre stage. In an [unfair dismissal](/resources/unfair-dismissal) claim, the tribunal asks whether the employer acted reasonably - and for conduct dismissals it applies the **Burchell test**, from British Home Stores v Burchell [1978]: did the employer genuinely believe you were guilty, on reasonable grounds, after a reasonable investigation? The tribunal then asks whether dismissal fell within the **band of reasonable responses** open to a reasonable employer. A hearing run without notice, without evidence, or without a genuine chance to respond can fail that test even where the underlying allegation had substance. Ordinary unfair dismissal currently requires 2 years' qualifying service, although the Employment Rights Act 2025 is expected to change that - see the guide to [day one unfair dismissal rights](/resources/day-one-unfair-dismissal-rights) for the current status. If the process was applied more harshly to you because of a protected characteristic, discrimination law may also be in play, with no qualifying period at all. The deadline for an unfair dismissal claim is strict: **3 months less 1 day** from the dismissal, with ACAS Early Conciliation started before it expires. See the guide to [employment tribunal deadlines](/resources/employment-tribunal-deadlines) for how the timing works. ## What to do now If the hearing is still ahead of you, your priorities are practical: ask for the evidence in writing, arrange your companion, write your chronology, and answer the allegations point by point. If the issue behind the disciplinary is really a problem of your employer's making, you may also want to consider raising it formally - the guide to [writing a grievance letter](/resources/how-to-write-a-grievance-letter) explains how a grievance and a disciplinary can run side by side. And if the process has already ended in dismissal, the deadline is now the most important fact in your case - everything else can come after. *This guide contains legal information, not legal advice. Disciplinary cases turn on their facts, and tribunals look at the process as a whole. If you are unsure how this applies to your situation, you may want to consider speaking to an employment law specialist.* --- # Employment Tribunal Compensation: How Awards Are Calculated URL: https://aricase.ai/resources/employment-tribunal-compensation Last updated: 2026-06-10 Quick answer: Employment tribunal compensation depends on the type of claim. Unfair dismissal awards combine a basic award (calculated like redundancy pay) and a compensatory award for financial losses, which is capped at the lower of a statutory limit or 52 weeks' gross pay. Discrimination and whistleblowing awards are uncapped and can include injury to feelings. Most awards are far closer to lost earnings than to the headline figures in the news. Headlines about six-figure tribunal payouts give a misleading picture. Employment tribunal compensation in England and Wales is calculated under specific statutory rules - mainly [sections 118 to 126 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X/chapter/II) for unfair dismissal - and for most claims the realistic range is set by your actual financial losses, not by what the worst cases attract. This guide explains how unfair dismissal compensation and the other main types of award are calculated, what caps apply, what can increase or reduce an award, and how tax affects what you actually receive. ## The two parts of unfair dismissal compensation ![Diagram of unfair dismissal compensation: a basic award capped at 22,530 pounds plus a compensatory award capped at the lower of 123,543 pounds or 52 weeks of gross pay](/guides/guide-unfair-dismissal-compensation.png "The two parts of an unfair dismissal award and the caps that apply") A successful [unfair dismissal](/resources/unfair-dismissal) claim usually produces two separate sums. **The basic award** is a fixed formula, calculated exactly like statutory redundancy pay: it depends on your age, your length of service (capped at 20 years) and your weekly pay (capped at a statutory figure updated each April). The [redundancy pay guide](/resources/redundancy-pay-explained) walks through the formula with a worked example - the same arithmetic applies here. **The compensatory award** covers your actual financial losses flowing from the dismissal: lost earnings from the dismissal date until you found (or should reasonably find) new work, lost benefits such as pension contributions and private health cover, loss of statutory rights, and reasonable job-search expenses. The compensatory award is capped at the **lower of** a statutory limit or **52 weeks' gross pay**. The statutory limit changes every April - check the current figure on [GOV.UK](https://www.gov.uk/employment-tribunals) before estimating. For most workers the 52-weeks-of-pay limb is the one that bites: if you earned £30,000, your compensatory award cannot exceed £30,000 however long you are out of work. ### A worked example Take someone aged 40, earning £28,000 a year (about £538 a week), dismissed after 6 years' service, who finds an equivalent job 5 months later. - **Basic award:** 6 years at 1 week's pay per year = 6 weeks. Whether the full £538 or the statutory weekly cap is used depends on where the cap sits at the time - check GOV.UK. - **Compensatory award:** roughly 5 months of net lost earnings plus lost pension contributions, less anything earned in the meantime. For a quick, indicative ballpark of the total from your salary and length of service, try the [employment claim value estimator](/tools/claim-value-calculator) - it gives a range, not a prediction. When the tribunal asks you to set these figures out formally, you do it in a [schedule of loss](/resources/schedule-of-loss-employment-tribunal) - the line-by-line document that totals your claim. The total is real money, but it is anchored to actual loss - not a windfall. Someone who walks into a new job the following week may have a strong claim on liability and still recover very little, because the law compensates loss rather than punishing the employer. ## When compensation is uncapped Two important categories have **no cap** on the compensatory element: - **Discrimination claims** under the Equality Act 2010 - **Whistleblowing (protected disclosure) dismissals and detriments** This is why the largest published awards are almost always discrimination or whistleblowing cases, typically involving long periods of lost career earnings. Discrimination awards can also include **injury to feelings** - compensation for the hurt and distress caused, separate from financial loss. Tribunals value injury to feelings using the **Vento bands**, three brackets set out in [Presidential Guidance](https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/) and updated each year: - **Lower band** - isolated or one-off acts - **Middle band** - more serious cases that do not merit the top band - **Upper band** - the most serious cases, such as a lengthy campaign of harassment Aggravated damages and, rarely, damages for personal injury can be added in the most serious cases. ## What can increase an award **The ACAS uplift.** If your employer unreasonably failed to follow the [ACAS Code of Practice on disciplinary and grievance procedures](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures) - for example, dismissing you with no hearing and no appeal - the tribunal can increase the award by **up to 25%**. The same mechanism works in reverse: if you unreasonably failed to follow the Code (for instance, by never raising a grievance), your award can be reduced by up to 25%. **Failure to provide written particulars.** A tribunal can add 2 to 4 weeks' pay where the employer never provided a written statement of employment particulars. **Automatic unfair dismissal minimums.** Some dismissals - for example, health and safety or whistleblowing dismissals - carry a higher minimum basic award. ## What can reduce an award Tribunals routinely reduce compensation, and these deductions are where many claimants are caught out: 1. **Failure to mitigate.** You are expected to look for comparable work. A tribunal can cut the compensatory award if you made no reasonable effort to find a new job. 2. **Polkey reductions.** If a fair procedure would probably have led to the same dismissal anyway, the award is reduced by that probability - sometimes to almost nothing. 3. **Contributory fault.** If your own conduct contributed to the dismissal, both the basic and compensatory awards can be reduced, in serious cases by 100%. 4. **Payments already made.** Any redundancy or ex-gratia payment from the employer is offset against the award. ## Other common money claims Not every claim follows the unfair dismissal structure: - **Unpaid wages and unlawful deductions** - the award is simply the money owed. See the [unpaid wages guide](/resources/unpaid-wages-unlawful-deductions). - **Wrongful dismissal (notice pay)** - damages equal to what you would have earned during your notice period. - **Redundancy pay** - the statutory formula, as a fixed entitlement. - **Holiday pay** - the accrued, untaken leave you were not paid for. ## Tax on tribunal awards Termination-related compensation - including the basic award and most of the compensatory award - is generally **tax-free up to £30,000**. Anything that replaces earnings, such as notice pay or an award of unpaid wages, is taxable as income in the normal way. For larger awards, tribunals "gross up" the sum above £30,000 so that you receive the intended amount after tax. ## Keep the numbers realistic Two reality checks are worth holding onto. First, **median awards are modest** - the [tribunal statistics guide](/resources/employment-tribunal-statistics) shows how far typical outcomes sit below the headline maximums. Second, most claims never reach a hearing: they settle through ACAS or a [settlement agreement](/resources/settlement-agreements-guide), usually at a discount to the full claim value in exchange for certainty and speed. Understanding what a tribunal could realistically award is the foundation for every decision that follows - whether to claim, what to accept, and when to walk away. And none of it matters if you miss the [3-months-less-1-day deadline](/resources/employment-tribunal-deadlines), so check your dates first - and when you are ready to file, the [ET1 claim form guide](/resources/how-to-write-et1-form) walks through setting out your claim and the compensation you are seeking. --- *This article is legal information, not legal advice. Award limits and the Vento band figures change regularly - always check the current figures on GOV.UK and in the Presidential Guidance before relying on them.* --- # Flexible Working Request Refused: What You Can Do URL: https://aricase.ai/resources/flexible-working-request-refused Last updated: 2026-06-10 Quick answer: If your flexible working request is refused, your employer must have consulted you first and relied on one or more of the eight statutory business grounds in section 80G of the Employment Rights Act 1996. You can appeal internally, raise a grievance, involve ACAS, or bring a tribunal claim for breach of the statutory scheme, where the maximum award is 8 weeks' pay. If the refusal disproportionately affects you because of childcare or disability, it may also be indirect discrimination, which has no cap. If your flexible working request has been refused, the first thing worth knowing is that your employer was not free to simply say no. Since **6 April 2024**, requesting flexible working has been a **day-one right**, and a refusal is only lawful if your employer followed the process in [sections 80F to 80I of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/80F) and relied on one or more of eight specific business grounds. Many refusals fall short of that standard. This guide covers what a valid request looks like, what your employer had to do, what a weak refusal looks like, and your options now - from an internal appeal through to an employment tribunal claim. One honest caveat up front: this is a **right to request**, not a right to have. A tribunal does not decide whether your employer's business judgment was correct. It decides whether the process and the stated grounds met the statutory requirements - and, separately, whether the refusal discriminates against you. ## What is the statutory right to request flexible working? Under [section 80F of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/80F), as amended by the [Employment Relations (Flexible Working) Act 2023](https://www.legislation.gov.uk/ukpga/2023/33/contents), any employee can ask to change their hours, their working times, or their place of work (including hybrid and home working). Key features of the scheme since 6 April 2024: - It applies from **day one** of employment - the old 26-week qualifying period is gone - You can make up to **2 requests in any 12 months** - You no longer have to explain what effect the change would have on your employer or how it could be dealt with - that burden has moved to the employer's side of the table - The request must be a **statutory request** to trigger these protections (see below) GOV.UK summarises the scheme on its [flexible working page](https://www.gov.uk/flexible-working), and the [ACAS Code of Practice on requests for flexible working](https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests) sets out how a reasonable employer handles one. Tribunals take the Code into account. ## What makes a valid request? A statutory request is simple, but it has to tick the boxes in section 80F. It must: 1. Be **in writing** and dated 2. State that it is a **statutory flexible working request** 3. Specify the **change you are asking for** and the date you want it to start 4. State whether you have made a previous statutory request, and when If your request did not say it was a statutory request, your employer may treat it as informal - which means the duties below were never triggered. If that is your situation, you may want to consider submitting a fresh, clearly statutory request before relying on the enforcement options in this guide. ## What did your employer have to do? Once a valid request is in, [section 80G](https://www.legislation.gov.uk/ukpga/1996/18/section/80G) imposes three duties: - **Deal with the request reasonably.** The ACAS Code fleshes this out: discuss the request with you, consider it genuinely, and allow you to be accompanied at meetings as good practice. - **Consult you before refusing.** Since April 2024 an employer cannot lawfully reject a request without first consulting the employee. A refusal letter that arrives out of the blue, with no meeting or discussion, is a strong sign the scheme was breached. - **Decide within 2 months.** The whole process, **including any appeal**, must be completed within 2 months of the request, unless you agree to extend the period. Silence past the deadline is itself a breach. A refusal is only lawful if it is based on one or more of the eight statutory grounds. ## The eight statutory refusal grounds Section 80G(1)(b) lists the only permitted reasons for refusal. In plain English: | Statutory ground | What it means in practice | |---|---| | Burden of additional costs | The change would cost the business more than it can reasonably absorb | | Detrimental effect on ability to meet customer demand | Customers or service users would be let down | | Inability to reorganise work among existing staff | Colleagues cannot realistically cover the gap | | Inability to recruit additional staff | The business cannot hire to fill the gap | | Detrimental impact on quality | The work itself would suffer | | Detrimental impact on performance | Your output, or the team's, would suffer | | Insufficiency of work during the periods you propose to work | There is not enough work at the times you want to work | | Planned structural changes | A reorganisation already in motion makes the change unworkable | The grounds are broad, and the tribunal does not second-guess the business judgment behind them. But the refusal must genuinely be **based on facts** - an employer who relies on a ground that is factually wrong, or who never honestly considered the request, is in breach. ## What does a weak refusal look like? In practice, refusals tend to fail in recognisable ways: - **No ground stated at all** - "it wouldn't work for the team" is not one of the eight grounds - **A ground asserted with no explanation** - copying the statutory wording with nothing behind it - **No consultation** - the decision was made before anyone spoke to you - **Blanket policy reasoning** - "we don't do part-time in this role" or "everyone must be in the office", applied without considering your actual request - **Missed deadline** - the decision (or the appeal outcome) arrived more than 2 months after the request without your agreement to extend - **A refusal contradicted by reality** - the ground is "inability to reorganise work", but a colleague already works the pattern you asked for, or you worked it successfully during a trial period Keep the paper trail: your request, the refusal letter, meeting notes, and anything showing the stated ground does not hold up. ## What can you do after a refusal? Work through the options in order. Escalating early rarely helps; skipping steps can hurt. 1. **Appeal internally.** The ACAS Code treats an appeal as good practice, and many refusals are softened or reversed at this stage - often into a trial period or a compromise pattern. Put your appeal in writing and address the stated ground directly. 2. **Raise a grievance** if the appeal fails and you believe the process or the reasoning was flawed. A grievance creates a formal record that a tribunal will later expect to see. Our guide on [how to write a grievance letter](/resources/how-to-write-a-grievance-letter) covers structure and tone. 3. **Contact ACAS.** Before any tribunal claim you must start [ACAS Early Conciliation](/resources/acas-early-conciliation) - it is free, it is confidential, and it pauses the tribunal clock. Many flexible working disputes settle here. 4. **Bring a tribunal claim** under section 80H for breach of the statutory scheme - for example, refusal on a ground not in the list, a decision based on incorrect facts, no consultation, or a missed 2-month deadline. If the claim succeeds, the tribunal can order your employer to **reconsider the request** and award compensation of up to **8 weeks' pay**. A week's pay is capped - **£751** as of April 2026 - so the maximum award is **£6,008**. That is a modest remedy, which is exactly why the discrimination angle below matters. ## Could the refusal be discrimination? This is often the stronger claim. A refusal that is lawful under the flexible working scheme can still be **indirect discrimination** under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) if a neutral-looking rule puts a protected group at a particular disadvantage and cannot be objectively justified. Two patterns come up constantly: - **Childcare and sex.** Tribunals have long accepted that rigid full-time or fixed-hours requirements disadvantage women, who still carry the majority of childcare responsibility. A refusal to adjust hours for childcare may be indirectly discriminatory unless the employer can justify it. - **Disability.** If you asked for the change because of a disability, the request may also engage the employer's separate **duty to make reasonable adjustments** - a stronger duty than anything in the flexible working scheme. Discrimination compensation is **uncapped** and includes injury to feelings. The tests, the comparators and the justification defence are covered in our [workplace discrimination guide](/resources/workplace-discrimination) - if your refusal has a childcare or disability dimension, read it before deciding which claim to pursue. ## Can you be punished for asking? No - and this protection has no qualifying period. Dismissing you because you made, or proposed to make, a statutory flexible working request is **automatically unfair** under [section 104C of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/104C). Subjecting you to a **detriment** short of dismissal - worse shifts, withdrawn opportunities, hostility - because you asked is also unlawful under section 47E. If things deteriorated sharply after your request, date and document everything. ## Deadlines The tribunal time limit for a flexible working claim is **3 months less 1 day**, generally running from the date of the breach - typically the refusal, the failed appeal, or the expiry of the 2-month decision period. In practice, missing the deadline almost always bars the claim. You must start ACAS Early Conciliation before claiming, and doing so pauses the clock. The interaction between the two is easy to get wrong, so check your dates with our [tribunal deadline calculator](/tools/tribunal-deadline-calculator) and read the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) for how the extension works. ## Key takeaway A refused flexible working request is not necessarily the end of the road. Check the refusal against the eight statutory grounds, check whether you were consulted and answered within 2 months, and check whether the refusal lands harder on you because of childcare or disability. Appeal first, document everything, and keep one eye on the 3-months-less-1-day clock - everything else can be worked out after the deadline is protected. --- # Notice Periods in the UK: Your Rights Explained URL: https://aricase.ai/resources/notice-periods-uk Last updated: 2026-06-10 Quick answer: Your notice period in the UK depends on your length of service. Under section 86 of the Employment Rights Act 1996, the statutory minimum from your employer is 1 week after 1 month's service, then 1 week per complete year of service between 2 and 12 years, capped at 12 weeks. Your contract can give you longer notice than the statutory minimum, but never shorter. If you are dismissed without notice or notice pay, you may have a wrongful dismissal or unlawful deductions claim. If you are facing dismissal, redundancy, or thinking about resigning, the first practical question is usually the same: what notice period applies? In the UK, the answer comes from two places - the statute and your contract. [Section 86 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/86) sets a floor of minimum notice that no contract can undercut, and your contract can build on top of it. Many people assume the notice period is whatever the employer says it is. The reality is stricter: the statutory minimums apply automatically, and an employer who dismisses you with less notice than you are owed is breaking the contract. ## What notice period are you entitled to by law? The statutory minimum notice your employer must give you depends only on your **length of continuous service**: | Length of service | Minimum notice from your employer | |---|---| | Under 1 month | None (statutory) | | 1 month to 2 years | 1 week | | 2 to 12 years | 1 week per complete year of service | | 12 years or more | 12 weeks (the statutory cap) | So an employee with 7 complete years of service is entitled to **7 weeks'** statutory notice; an employee with 20 years gets the capped **12 weeks**, not 20. Going the other way, the statutory minimum an **employee** must give when resigning is just **1 week** once you have been employed for a month - it does not increase with service. Anything longer comes from your contract. ## Statutory vs contractual notice: which one applies? Your contract of employment can set any notice period it likes, in either direction, subject to one rule: it can be **longer** than the statutory minimum, but never shorter. If your contract says 1 month but you have 9 years' service, the statutory 9 weeks wins. If your contract says 3 months and you have 2 years' service, the contractual 3 months wins. In practice: - Whichever is longer applies - compare your contract against the table above. - If you have no written contract, the statutory minimums still apply, and a "reasonable notice" term may be implied on top for senior roles. - A contract that purports to give less than statutory notice is overridden by [section 86](https://www.legislation.gov.uk/ukpga/1996/18/section/86) on that point. ## What does notice pay include? During your notice period you remain an employee, so you are entitled to your **normal pay and contractual benefits** - salary, pension contributions, and usually benefits such as a car allowance or health cover, depending on the contract's wording. Holiday continues to accrue during notice, and any untaken statutory holiday must be paid on termination. A quick ready-reckoner. Suppose you have **8 complete years** of service and a salary of £32,000: - Statutory notice: 8 weeks - Weekly pay: £32,000 divided by 52 = **£615.38** - Notice pay if you work the notice or receive pay in lieu: 8 x £615.38 = **£4,923.04** gross That figure is before tax, and it sits on top of accrued holiday pay and, in a redundancy, on top of any statutory redundancy payment. ## What are PILON and garden leave? **Payment in lieu of notice (PILON)** is where your employer ends the employment immediately and pays you what you would have earned over the notice period instead of having you work it. Most modern contracts contain a PILON clause. Two things to know: - PILON is **fully taxable as earnings**. It does not benefit from the £30,000 tax-free treatment that can apply to genuine ex-gratia termination payments, even when it is bundled into a bigger package. - If there is no PILON clause in the contract, paying in lieu is technically a breach - usually a harmless one if you are paid in full, but it can matter if the contract contains restrictive covenants. **Garden leave** is different. You are told to stay at home during your notice period, but you remain **employed, paid, and bound by your duties** - including confidentiality and any restriction on working for a competitor. Your employment ends only when the notice period expires. ## Can you be dismissed without notice? Only in one situation: **gross misconduct**. Conduct serious enough to destroy the employment relationship - theft, violence, serious dishonesty, gross negligence - entitles an employer to dismiss summarily, without notice or notice pay. Outside gross misconduct, dismissal with less than your full notice entitlement is a breach of contract known as **wrongful dismissal**. It is a different claim from unfair dismissal: wrongful dismissal is about the notice money, not the fairness of the decision, and it has no minimum service requirement. The [wrongful dismissal guide](/resources/wrongful-dismissal) covers how those claims work and what they are worth. If the dismissal itself was unfair as well as short on notice, an [unfair dismissal](/resources/unfair-dismissal) claim may run alongside. ## What are your duties when you resign? Resigning triggers your own notice obligations: 1. Check your contract first - it may require 1 month, 3 months, or more. 2. If the contract is silent, the statutory minimum of **1 week** applies once you have a month's service. 3. Put the resignation in writing with a clear end date, and keep a copy. Two common questions. Can you withdraw a resignation? Not unilaterally - once given, a clear resignation stands unless your **employer agrees** to the withdrawal, with a narrow exception for words blurted out in the heat of the moment. And can your employer refuse to let you work your notice? They can place you on garden leave or, with a PILON clause, pay you off immediately - but they must pay you for the notice period either way. ## What happens to notice in a redundancy? Statutory notice applies in full during redundancy. You are entitled to your notice period (or PILON) **on top of** statutory redundancy pay - they are separate entitlements, and an employer cannot roll one into the other. Many redundancy timetables run consultation first, then serve notice, with the termination date at the end of the notice period. How the redundancy payment itself is calculated - the age-banded formula, the weekly pay cap, the 2-year qualifying rule - is covered in the [redundancy pay guide](/resources/redundancy-pay-explained). ## What can you do if your notice is not paid? Unpaid or underpaid notice is recoverable. There are two routes: - An **unlawful deduction from wages** claim under [section 13 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/13), where pay you were due was simply not paid. - A **breach of contract (wrongful dismissal)** claim, which an employment tribunal can hear for up to £25,000 if brought within the time limit after termination. Either way, the deadline is short: **3 months less 1 day** from the relevant date, and you must start [ACAS Early Conciliation](/resources/acas-early-conciliation) before a tribunal claim can be issued. The [tribunal deadlines guide](/resources/employment-tribunal-deadlines) explains how the clock works, and the free [tribunal deadline calculator](/tools/tribunal-deadline-calculator) will work out your dates. In practice, missing the deadline almost always bars the claim, so calculate it first and let everything else follow. ## Key takeaway Work out your two numbers - the statutory minimum from the table above and whatever your contract says - and the longer one is your notice period. If you have been dismissed with less than that, or your notice pay has not arrived, the law is on your side, but only inside the 3-months-less-1-day window. Check your deadline before anything else. --- *This article is legal information, not legal advice. If your situation is complex - for example, a senior contract with restrictive covenants or a disputed summary dismissal - you may want to consider taking independent legal advice.* --- # Employment Tribunal Success Rate: What the 2025/26 Data Shows URL: https://aricase.ai/resources/employment-tribunal-statistics Last updated: 2026-06-09 Quick answer: Employment tribunal receipts rose sharply in 2025/26, with 23,000 claims lodged in October to December 2025 alone - a 54% year-on-year increase in single claims. Most claims never reach a hearing: around 40% settle through Acas conciliation and a further 19% are withdrawn. Of all single claims disposed of in 2024/25, 3% succeeded at a final hearing - but that figure reflects how rarely cases reach a hearing, not the odds once you are there. Acas resolved 38% of early conciliation notifications in 2024/25 before a claim was even lodged. Employment tribunal claim volumes are at a record high, waiting times are long, and the gap between claims lodged and claims resolved is widening. If you are trying to understand what those headline numbers mean for your own situation, the picture is more nuanced - and more encouraging for claimants - than the raw statistics suggest. The figures below are drawn from the [Ministry of Justice's Tribunals statistics quarterly: October to December 2025](https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-october-to-december-2025), published 11 March 2026, and the [Acas annual report and accounts 2024 to 2025](https://www.gov.uk/government/publications/acas-annual-report-and-accounts-2024-to-2025), published July 2025. ## How many employment tribunal claims are there? In October to December 2025, HMCTS recorded **23,000 Employment Tribunal receipts**: 13,000 single claims and 9,500 multiple-claim receipts. Single-claim receipts rose **54% year on year** compared with the same quarter in 2024. Over the same period, single-claim disposals fell by 34% and the single-claim open caseload increased by 49%, reaching its highest level in the recorded timeseries. Across all tribunal types combined, the MoJ reports overall receipts rose 14% year on year, while overall disposals fell 4%, pushing the open caseload to 831,000. The direction of travel is clear: more claims are coming in than are being resolved, and the backlog is growing. ## What happens to most claims? This is where the headline "3% success rate" figure needs careful handling. In 2024/25, the breakdown of single-claim disposals looked like this: - **40% settled through Acas conciliation** - **19% withdrawn** - **3% succeeded at a final hearing** The 3% is real, but it describes the outcome share across *all* disposals - the vast majority of which never reached a hearing at all. Settlement was the single most common outcome, by a considerable margin. The correct way to read this data: most employment tribunal disputes end in a negotiated resolution, not a final hearing. The 3% figure does not mean that a claimant who pushes a well-founded case to a hearing has a 3% chance of winning. It means that most disputes are resolved before that point. For 2023/24, the breakdown was 30% Acas conciliated settlements, 26% withdrawn, and 5% successful at hearing - showing that settlement as the primary outcome is a consistent pattern, not a one-year anomaly. ## The Acas layer: most disputes end before a claim is lodged Before any tribunal claim is registered, the law requires a claimant to contact Acas and go through **Early Conciliation**. This is a free, confidential process that pauses the tribunal deadline clock while Acas tries to help both sides reach an agreement. Our [guide to ACAS Early Conciliation](/resources/acas-early-conciliation) covers the process in full. The scale of what Acas handles is significant. In 2024/25, Acas received **124,000 early conciliation notifications** and positively resolved **38%** of them - against a target of 36%. That means roughly one in three disputes notified to Acas never becomes a formal tribunal claim at all. Acas also reports an individual employment tribunal conciliation settlement rate of above **70%** - meaning that where a claim *has* been lodged and Acas is conciliating, the large majority still settle without a final hearing. Taken together, the tribunal system is much larger than the registered-claim figures suggest. Acas is the first and most active pressure-release valve in the system. ## Why the open caseload matters to you The open caseload reaching a record high has a practical consequence: **waiting times**. The MoJ publishes mean time-to-clearance figures in its quarterly tables. Those figures vary significantly by claim type and region, and complex cases - discrimination, whistleblowing, multi-jurisdictional claims - typically take longer than straightforward unfair dismissal matters. The current trajectory - receipts rising, disposals falling - means average waiting times are unlikely to improve in the near term. If you are planning to bring a claim, building your case as thoroughly as possible before the hearing date matters more, not less, when that date may be 12 to 18 months away. ## What this means if you are considering a claim Three things stand out from the data for anyone deciding whether to proceed: **Settlement is the most likely outcome, not a hearing.** Roughly 60% of claims that do not succeed at hearing are resolved by settlement or withdrawal. The question is not just "will I win at tribunal?" but "what is my claim worth in a negotiation, and when is the right point to settle?". Understanding your likely compensation range matters at every stage. **The 3% "success rate" is the wrong number to focus on.** The more useful question is: of claims that go to a hearing, how many succeed? That figure is not published as a simple percentage in the quarterly bulletins, but it is considerably higher than 3%. Claims that survive to hearing are, by definition, the ones that were not settled or withdrawn - they tend to be the more contested and often the more complex cases. **Starting the clock early gives you the most options.** The deadline to contact Acas is **3 months less 1 day** from the date of dismissal or the act complained of - and [missing that deadline almost always bars the claim entirely](/resources/employment-tribunal-deadlines). A claim can always be settled before hearing; it cannot be pursued at all if the deadline is missed. ## Key takeaway Employment tribunal statistics show a system under pressure: record volumes, a widening backlog, and long waiting times. But the same data shows that the most common outcome is a negotiated resolution, and that Acas resolves a substantial share of disputes before they ever become formal claims. The raw "success rate" figure, quoted widely and often out of context, understates claimant prospects at the hearing stage. What it actually captures is that most claims do not reach a hearing - which is a feature of the conciliation system, not a verdict on the strength of individual claims. _This article is legal information, not legal advice. Figures are from official MoJ and Acas publications; check the sources linked above for the most current data, which is updated quarterly._ --- # Pregnancy and Maternity Discrimination: Your Rights at Work URL: https://aricase.ai/resources/pregnancy-maternity-discrimination Last updated: 2026-06-06 Quick answer: Pregnancy and maternity discrimination is unfavourable treatment because of pregnancy, a pregnancy-related illness, or maternity leave, and it is unlawful under section 18 of the Equality Act 2010. It is a day-one right with no qualifying period, and compensation is uncapped. If you are made redundant while pregnant or on maternity leave, your employer must offer you any suitable alternative vacancy ahead of other staff. Maternity discrimination is unlawful from your first day in the job. It does not need a two-year qualifying period, and the compensation is not capped. ## What is pregnancy and maternity discrimination? Pregnancy and maternity discrimination means being treated **unfavourably** because of your pregnancy, because of an illness caused by your pregnancy, or because you are taking or have taken maternity leave. It is set out in [section 18 of the Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/section/18). There is an important difference between this and most other discrimination claims. For ordinary direct discrimination you usually have to show you were treated **less favourably than someone else** would have been - a comparator. For a section 18 pregnancy and maternity claim you do not. You only have to show the treatment was **unfavourable** and that it was because of pregnancy or maternity. That makes these claims, in principle, more straightforward to frame. Examples of unfavourable treatment include being dismissed, demoted, denied training or a promotion, having your hours cut, being disciplined for pregnancy-related sickness absence, or being passed over in a redundancy exercise - where pregnancy or maternity is the reason. ## The "protected period" Section 18 protection applies during a defined window called the **protected period**. It begins when your pregnancy starts and ends: - when your maternity leave ends or you return to work, if you are entitled to maternity leave; or - two weeks after the end of the pregnancy, if you are not entitled to maternity leave. Unfavourable treatment that happens during the protected period, and is because of the pregnancy or maternity, is what section 18 covers. Treatment after the protected period that is still connected to your pregnancy or maternity leave can often be brought as ordinary [sex or other discrimination](/resources/workplace-discrimination) instead - the protection does not simply vanish, the legal label changes. ## It is a day-one right You do not need any minimum length of service. Pregnancy and maternity discrimination protection applies from your **first day** of employment - this is one of the genuine [day-one rights](/resources/day-one-unfair-dismissal-rights), unlike ordinary unfair dismissal, which currently still needs two years' continuous service. Dismissal is protected twice over. As well as the Equality Act, [section 99 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/99) makes a dismissal **automatically unfair** if the reason (or principal reason) is connected with pregnancy, childbirth, or maternity leave - again with no qualifying period. ## Redundancy during pregnancy and maternity leave A common misconception is that you cannot be made redundant while pregnant or on maternity leave. You can - but only through a genuine redundancy run fairly, and with extra protection layered on top. During the protected period your employer must offer you any **suitable alternative vacancy** that exists, ahead of other employees who are also at risk. This is a priority right, not just a right to be considered. The [Protection from Redundancy (Pregnancy and Family Leave) Act 2023](https://www.legislation.gov.uk/ukpga/2023/29/enacted), and the regulations that brought it into force in April 2024, extended this protected window: it now runs from the point you tell your employer you are pregnant through to **18 months after the birth**. If you are selected for redundancy because you are pregnant or on maternity leave, or you are not offered a suitable alternative role that existed, that is unlawful. For how statutory redundancy pay itself is worked out, see our [redundancy pay guide](/resources/redundancy-pay-explained). ## What you can claim If you bring a successful claim, an employment tribunal can award: - **Loss of earnings** - past and future, with no statutory cap (unlike the compensatory award for ordinary unfair dismissal) - **Injury to feelings** - a separate award for the upset and distress, assessed against the Vento bands, which run from lower-band awards for one-off incidents to higher-band awards for a sustained campaign - **Interest** on the awards Because discrimination compensation is uncapped and includes injury to feelings, the value of a strong claim can be significantly higher than people expect. ## How to bring a claim The route is the same as other tribunal claims: 1. **Raise it internally first where you can** - a grievance creates a record and may resolve things. See [how to write a grievance letter](/resources/how-to-write-a-grievance-letter). 2. **Start ACAS Early Conciliation** - this is a mandatory step before you can lodge a tribunal claim. 3. **Lodge the ET1** within the time limit if conciliation does not resolve it. ## Do not miss the deadline The time limit is the part that catches people out. You generally have **three months less one day** from the act you are complaining about - or from the last act, where there is a series of linked acts - to start ACAS Early Conciliation. Where the discrimination is ongoing, the clock may run from the most recent incident, but it is never safe to rely on that; treat the earliest possible date as your deadline. Full detail is in our [tribunal deadlines guide](/resources/employment-tribunal-deadlines). In practice, missing the deadline almost always bars the claim, and tribunals only rarely extend time in discrimination cases where it is "just and equitable" to do so. ## Key takeaway If you have been treated unfavourably because of pregnancy or maternity, you are in one of the strongest-protected positions in employment law: protection from day one, no comparator needed, uncapped compensation, and priority redundancy rights. The thing that decides cases is preparation - a clear account of what happened, when, and the documents that show it, all filed before the deadline. _This article is legal information, not legal advice. The right outcome depends on the specific facts of your case._ --- # Employment Rights Act 2025: What Has Changed and When URL: https://aricase.ai/resources/employment-rights-act-2025 Last updated: 2026-06-29 Quick answer: The Employment Rights Act 2025 received Royal Assent on 18 December 2025. It is the largest reform to UK employment law in a generation. Most provisions do not take effect immediately - they are being brought into force in phases through 2026 and 2027 via commencement regulations. Always check the current commencement status before relying on a new right. The Employment Rights Act 2025 is the most significant overhaul of UK employment law since the Employment Rights Act 1996. It received Royal Assent on 18 December 2025, and it covers a wide range of areas - from unfair dismissal protection and zero-hours contracts to statutory sick pay, parental leave, and trade union rights. This guide explains the main changes, when they are expected to come into force, and what they mean in practice for workers and employers. One thing to understand before reading further: Royal Assent and commencement are different things. Most provisions in the Act require separate commencement regulations before they take effect. Throughout this guide, commencement dates are noted as expected or anticipated where they have not yet been confirmed in regulations. Always check GOV.UK and ACAS for the current position before relying on a new right. ## What is in force now, and what is coming? > **Law status - last updated 29 June 2026:** The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) received Royal Assent on 18 December 2025, but most changes take effect only when commencement regulations bring them into force. Several are already in force; the headline unfair dismissal changes are not yet. Dates below are sourced from `LEGAL_CONFIG.ERA_2025_COMMENCEMENT` - always check GOV.UK for the current position before relying on a new right. | Change | Status | Date | | --- | --- | --- | | Statutory sick pay payable from day one; waiting days and the lower earnings limit removed | In force | 6 April 2026 | | Paternity leave and unpaid parental leave become day-one rights | In force | 6 April 2026 | | Statutory caps uprated (Increase of Limits Order 2026) | In force | 6 April 2026 | | Dismissal for taking part in lawful industrial action automatically unfair | In force | 18 February 2026 | | Tribunal time limits extended from 3 to 6 months for most claims (breach of contract stays at 3 months) | Not yet in force | Targeted October 2026 | | Ordinary unfair dismissal qualifying period cut from 2 years to 6 months | Not yet in force | Targeted 1 January 2027 | | Compensatory-award cap removed for ordinary unfair dismissal | Not yet in force | Targeted 1 January 2027 | | Zero-hours workers gain a right to a guaranteed-hours offer | Not yet in force | Expected 2026-2027 | | Fire and rehire treated as automatically unfair in most cases | Not yet in force | Awaiting commencement | ## What does the Employment Rights Act 2025 do? The Act makes substantial amendments to the existing framework of employment law. It does not replace the Employment Rights Act 1996 or the Equality Act 2010 - it amends them and introduces new standalone provisions. The changes are being implemented in stages, with different provisions having different commencement dates. The government described this as part of a broader "Plan to Make Work Pay" agenda. The practical effect is a range of new rights and obligations that workers and employers need to understand as they are brought into force one by one. ## How does the Act change the unfair dismissal qualifying period? One of the most significant changes in the Act concerns unfair dismissal protection. Under the current law, a worker must have been employed for 2 years before they can bring an ordinary unfair dismissal claim. The Employment Rights Act 2025 is expected to change this substantially. The position is more nuanced than headlines often suggested. Early proposals floated a day-one right alongside a lighter-touch "statutory probationary period", but that did not survive into the enacted Act. Instead, the Act provides for the ordinary unfair dismissal qualifying period to be reduced from 2 years to 6 months. A worker will then need 6 months' continuous service - rather than 2 years - before they can bring an ordinary unfair dismissal claim. Automatically unfair dismissal categories (such as whistleblowing, pregnancy and asserting a statutory right) continue to require no qualifying period at all. The reduction to 6 months is targeted for dismissals from 1 January 2027, subject to commencement regulations - it is not yet in force. A worker dealing with a dismissal today is still governed by the 2-year rule. As commencement approaches, check whether the date has passed and whether any transitional provisions affect your position. If you were dismissed before the commencement date, the existing 2-year rule governs your position. If you do not currently have 2 years' service, it is worth considering whether you have any discrimination or other statutory claim that does not require 2 years' service - those rights are unaffected by this change. See the [unfair dismissal guide](/resources/unfair-dismissal) for detail on how the existing claim works. The detail of how the reduced qualifying period will operate - including any transitional provisions and the accompanying ACAS guidance - will be set out in secondary legislation. That guidance had not been finalised at the time this article was written. Workers and employers should monitor ACAS updates closely as commencement approaches. ## What are the new rights for zero-hours and low-hours contracts? The Act introduces new rights for workers on zero-hours and low-hours contracts. Existing law gave these workers very limited protection. An employer could keep someone on a zero-hours contract indefinitely, even where that worker was regularly working consistent hours every week, with no obligation to offer a stable arrangement. Under the new framework, after a qualifying reference period a worker will have the right to be offered a contract that reflects the hours they are genuinely working. The employer must make this offer. A worker who prefers to remain on a flexible arrangement may be able to agree that with the employer - but the default position will shift in the worker's favour. The length of the reference period and the precise mechanics of the right will be set out in regulations. These provisions are not yet in force; the government has indicated commencement is expected during 2026 or 2027. Until commencement regulations are in force, the existing position applies. This reform is most likely to affect workers in hospitality, retail, social care, and other sectors where zero-hours arrangements have historically been most prevalent. ## How does the Act treat fire and rehire? Fire and rehire - where an employer dismisses an employee and immediately offers to re-engage them, but on worse contractual terms - became a major public controversy following several high-profile industrial disputes. Employers used it as a mechanism to impose pay cuts or worsen conditions that employees had refused to accept through negotiation. The Employment Rights Act 2025 addresses this directly. Under the new law, a dismissal carried out for the purpose of replacing the employee on worse contractual terms will be treated as automatically unfair dismissal in most cases. The employer has a defence only if they can show that the contractual change was genuinely necessary because the employer was facing, or was trying to avoid, financial difficulties serious enough to threaten the viability of the business - and that the dismissal was a proportionate response. This is a demanding bar. A desire to reduce costs, improve margins, or respond to competitive pressure is not sufficient on its own. The employer must demonstrate genuine financial distress of sufficient severity to threaten the business's survival. These provisions replace the statutory code that previously governed fire and rehire, and give affected employees a materially stronger basis to bring a tribunal claim. Like the other reforms in the Act, they are being brought into force by commencement regulations - check the current status before relying on them. ## How does the Act change statutory sick pay? The Employment Rights Act 2025 makes two changes to statutory sick pay (SSP). Both represent meaningful improvements, particularly for lower-paid workers. The first change removes the 3-day waiting period. Until 6 April 2026, SSP did not begin until the fourth day of sickness absence, leaving those first 3 days unpaid for most employees. Since 6 April 2026 the waiting period is abolished, so SSP is payable from the first qualifying day of absence. The second change removes the lower earnings limit. Previously a worker had to earn at least a minimum threshold - the lower earnings limit for National Insurance purposes - to qualify for SSP at all, so workers earning below that threshold, often those in part-time or lower-paid roles, received nothing when they were sick. Since 6 April 2026 that threshold is removed, extending SSP eligibility to workers regardless of their earnings level. Both changes came into force on 6 April 2026. For the lowest earners (those who would previously have fallen below the lower earnings limit), SSP is paid at the lower of the standard weekly rate or 80% of their normal weekly earnings. See the [statutory sick pay guide](/resources/statutory-sick-pay-rights) for the current rules in detail. ## What changes does the Act make to parental and bereavement leave? The Act makes several changes to parental leave rights, building on earlier reforms and completing the implementation of provisions introduced by the Neonatal Care (Leave and Pay) Act 2023. Parents of babies who require neonatal care will have enhanced rights to leave and statutory pay, allowing them to be present during that care without facing a choice between their job and their baby. These provisions are being brought fully into force as part of the broader package of changes. On paternity leave, the Act introduces greater flexibility in how and when leave can be taken. The rigid rules around timing and notice that currently apply - which often mean fathers and partners cannot take leave at the point when it is most practically useful - are being eased to give more genuine flexibility. ## What does the Act change for trade union and collective rights? The Act makes changes to trade union rights and collective employment law. These provisions have more direct impact on the relationship between employers and unions than on most individual workers day to day, but they form part of the broader landscape within which workplace disputes develop. The Act simplifies the statutory trade union recognition procedure, making it somewhat easier for unions to seek and obtain recognition in workplaces where a majority of workers support it. New rights of access for union officials allow them to enter workplaces to recruit members and meet with workers without the previous restrictions. The Act also makes changes to the regulation of industrial action, including to notice requirements and balloting procedures. These changes are expected to increase the practical ability of unions to take lawful strike action. ## What do these changes mean in practice? The most important practical point is that these changes are arriving in stages. A right that appears in the Act text may not yet be in force. If you are dealing with an employment dispute right now, the question is which version of the law applied at the time the events happened. If your dismissal or other treatment occurred before a provision came into force, that provision cannot help you. The law in force at the relevant time governs your position. This is especially important for the unfair dismissal qualifying period change. Workers dismissed while employed before the commencement date may not benefit from the new framework in the same way as workers hired after it. In similar situations, the approach that has worked best is to identify the specific provision you believe applies, verify that commencement regulations have been made, confirm the commencement date has passed, and check that the transitional provisions do not exclude your case. Citing a right in a grievance letter or tribunal claim that has not yet commenced is at best unhelpful and at worst weakens the overall position. The [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) sets out the procedural steps for bringing a claim. Those procedures are unchanged by the Act. ## How can you stay updated on the changes? The provisions with the most immediate practical impact - particularly the unfair dismissal qualifying period and the zero-hours contract rights - are supported by ongoing secondary legislation and ACAS guidance that is being published as each commencement date approaches. Both are evolving rapidly. GOV.UK publishes commencement orders as they are made under the Act. The ACAS website publishes detailed guidance on each major provision in advance of commencement. Those two sources are the most reliable way to confirm whether a specific right is currently in force and how it applies. The [unfair dismissal guide](/resources/unfair-dismissal) and [redundancy pay guide](/resources/redundancy-pay-explained) on this site cover the existing law in detail. Both will be updated as key commencement dates under the Act are confirmed and ACAS guidance becomes available. --- # Employment Tribunal Evidence: A Complete Guide URL: https://aricase.ai/resources/employment-tribunal-evidence Last updated: 2026-05-29 Quick answer: Employment tribunals accept documents, emails, witness statements, and your own written account. The most valuable evidence is contemporaneous - written at the time, not reconstructed later. You can request documents from your employer using a Data Subject Access Request under UK GDPR. Keep everything, even things that seem minor. Evidence is the foundation of an employment tribunal claim. The tribunal cannot see what happened to you - it can only read the documents, hear the witnesses, and form a view based on what is put before it. The stronger your evidence, the better placed you are to tell your story accurately and persuasively. This guide explains what counts as evidence, how to gather it, and what to do when your employer holds documents you need. ## Why evidence matters - and who proves what Different types of claim have different rules about who must prove what. In an unfair dismissal claim, your employer must show the tribunal the reason for the dismissal and that it was a potentially fair reason - such as conduct, capability, or redundancy. Your role is then to show that the dismissal was unreasonable in all the circumstances, or that the reason given was not the real one. In a discrimination claim under the Equality Act 2010, the burden shifts. Once you show facts from which discrimination could be inferred, it falls to your employer to prove the treatment was not discriminatory. Your evidence of how you were treated - especially compared to others in similar situations - is therefore central to the claim. In either type of case, strong evidence helps the tribunal understand what happened, in what order, and who said what. ## Types of evidence ### Documentary evidence Documents are usually the most reliable form of evidence because they were created at or close to the time of the events they record. Courts and tribunals treat contemporaneous documents as more credible than accounts reconstructed from memory months later. Useful documents to collect include: - Your employment contract and any subsequent written amendments - Payslips and P60s - Emails and letters between you and your employer - Disciplinary and performance management records - Investigation reports and notes - Performance reviews and appraisals - Meeting notes and agendas - Policies, procedures, and handbooks your employer says you breached - Sickness records and correspondence about your absence - Written warnings, outcome letters, and appeal decisions - Any redundancy selection matrix or scoring documents, if your claim involves redundancy Collect these as early as possible. Once you leave a job, access to work systems is usually cut off quickly and emails may be deleted. ### Witness evidence Witnesses who saw or heard relevant events can provide written statements and give oral evidence at the hearing. A colleague who was present at your dismissal meeting, a manager who can confirm what policy actually applied, or someone who overheard a discriminatory comment can all provide valuable corroboration. Not every witness has to be someone who agrees with your account. The tribunal will also hear from your employer's witnesses, and you will have the opportunity to question them on their statements. ### Your own account Your own written account of events is evidence. The tribunal will read your ET1 claim form and any witness statement you provide. Your account carries more weight when it is detailed, consistent with the documents, and grounded in specific dates and events. Vague assertions are harder for a tribunal to act on than specific, documented incidents. Where possible, anchor your account to dates, names, and what was said or written. ## The trial bundle Before a hearing, both sides exchange their documents and compile them into a single trial bundle. This is a paginated folder - usually sent electronically in modern tribunal proceedings - containing all the documents both parties rely on. The Employment Tribunal Procedure Rules 2024 under [SI 2024/1155](https://www.legislation.gov.uk/uksi/2024/1155/contents) govern how this works in practice. The tribunal will issue case management directions setting out when documents must be exchanged, when witness statements must be served on the other side, and when the bundle must be lodged with the tribunal itself. Both sides contribute to the bundle. If your employer includes a document you want to challenge, you can still refer to it. If a document you need is not in the bundle, raise it with the tribunal as early as possible. For unrepresented claimants, the bundle process can feel daunting. The key discipline is organisation - keep every document you might want to rely on from the moment you think a tribunal claim is possible. Label them clearly and note where they came from. See the guide to [how to write your ET1 form](/resources/how-to-write-et1-form) for more on submitting your claim. ## Getting documents from your employer - the DSAR One of the most powerful tools available to you before a hearing is the Data Subject Access Request (DSAR) under UK GDPR Article 15 and the [Data Protection Act 2018](https://www.legislation.gov.uk/ukpga/2018/12/contents). A DSAR lets you ask your employer for all personal data they hold about you. This can include: - Emails about you - including those you were not copied on - HR notes and management meeting records - Notes made about you by any manager or HR professional - Records of formal and informal meetings you attended - Any automated decision-making records, such as a scoring system used in redundancy selection - Any database entry that references you by name or identifier Your employer must respond within one month. They can extend this by a further two months for complex or numerous requests, but they must tell you within the first month that they are doing so. You do not need to explain why you are making the request. You do not need to say you are planning a tribunal claim. The [Information Commissioner's Office](https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-rights/right-of-access/) has detailed guidance on what a valid DSAR covers and what employers are permitted to withhold. Exemptions exist - for example, legal professional privilege - but employers cannot simply refuse to engage. If your employer refuses to respond or provides an incomplete response, you can complain to the ICO. You can also raise the failure with the tribunal itself. Employers who fail to comply with a DSAR when litigation is anticipated may face adverse inferences about what those documents contained. Send your DSAR as early as possible - well before you submit your ET1. The one-month response window means you need to plan ahead. ## Emails and messages Emails you sent or received on your personal email account are straightforwardly yours to use as evidence. Download them, export them, or take screenshots, and store them somewhere safe off your employer's systems. Work email is more complicated. Once you leave a role, your email account will usually be deleted or archived and you will lose access to it. Download or forward anything relevant to your personal account before your last day. Many employers have policies against forwarding work emails to personal accounts - check yours. If forwarding would breach a policy, take screenshots instead. WhatsApp messages, Microsoft Teams chats, and personal text messages are routinely accepted as evidence at employment tribunals. Export the relevant conversation thread and take screenshots with the date and time clearly visible. WhatsApp's export function produces a text file and any attached media, which is easier to produce as a document than scrolling screenshots. Be careful about taking large volumes of data from work-owned devices or systems beyond what you reasonably need for your claim. The tribunal will look at how the evidence was obtained as well as what it says. ## Covert recordings A covert recording is one made without the other person's knowledge. UK employment tribunals are not bound by the same strict exclusionary rules as criminal courts - covert recordings are not automatically inadmissible. Tribunals have discretion to admit covert recordings and will weigh the value of the evidence against the circumstances in which it was made. In cases involving serious misconduct - where a claimant had genuine reason to believe they were being treated unlawfully and made a recording to protect themselves - tribunals have admitted the evidence. In other cases, tribunals have found that recordings made without good reason damaged the claimant's credibility. The principal risk is not legal admissibility - it is how the recording affects the tribunal's view of you as a witness. A recording made in an open meeting carries less risk than one made in a private one-to-one conversation. Making a recording without consent may also breach your employer's disciplinary policies and, in some contexts, data protection obligations. The position is fact-specific. If you are considering making a recording, think carefully about the context and what you are trying to capture. ## Keeping a contemporaneous diary A written diary is one of the most valuable pieces of evidence you can create. Entries made at the time - the same day or the next morning - are treated by tribunals as far more reliable than an account reconstructed months later for a claim form. In discrimination and harassment cases in particular, a detailed diary showing a pattern of behaviour over time can be persuasive evidence that a single incident would not be. Note down: - What happened, in plain factual terms - The date and time - Who was present - What was said - direct quotes as close to accurate as you can manage - How it made you feel and how it affected your work or health (relevant in discrimination and personal injury claims) Store your diary somewhere your employer cannot access it - a personal email account, a secure note on your personal phone, or a printed paper diary kept at home. ## Witness statements For the hearing itself, every witness - including you - will be required to produce a formal witness statement. This is a written account signed with a statement of truth, confirming that the contents are true to the best of the witness's knowledge and belief. Witness statements are usually read by the tribunal panel before the hearing begins. At the hearing, the statement stands as your evidence in chief - you do not normally read it aloud. The other side then has the opportunity to question the witness, and the tribunal panel may ask questions too. A good witness statement is clear, chronological, and factual. It covers events the witness directly witnessed - not what they were told by others, not speculation about motives. It should be in the witness's own words and voice. You have the right to call witnesses who can support your account. Anyone you want to call will need to produce their own statement and attend the hearing. Witnesses who are still employed by your former employer may be reluctant to give evidence - this is a practical challenge many claimants face. The tribunal cannot compel a private individual to attend, though it can issue a witness order requiring them to do so. ## What to do if evidence has been withheld or destroyed If your employer has failed to disclose relevant documents, or you have reason to believe documents have been deleted, raise this with the tribunal as soon as you become aware of it. Tribunals can make orders requiring your employer to search for and disclose specific categories of documents. These are called disclosure orders or specific disclosure orders, and failure to comply with them is a serious matter. Where a party fails to disclose documents without adequate explanation, the tribunal can draw an adverse inference. In practice, this means the tribunal may conclude that the missing documents would have supported your case - a powerful tool when you cannot access the documents directly. Document every request you have made for documents and your employer's response to each one. Your DSAR response - or the absence of one - is itself evidence of what your employer was willing to produce. [ACAS guidance on preparing for a tribunal](https://www.acas.org.uk/preparing-for-an-employment-tribunal) covers the broader process of getting ready for a hearing, including practical steps in the weeks before the date. --- *This guide contains legal information, not legal advice. Tribunal outcomes depend on the specific facts of each case. In similar situations, tribunals have approached evidence differently depending on how it was obtained, its relevance, and how it fits with the rest of the record. If you are unsure how the evidence rules apply to your situation, you may want to consider speaking to an employment law specialist.* --- # Unpaid Wages and Unlawful Deductions: What UK Workers Need to Know URL: https://aricase.ai/resources/unpaid-wages-unlawful-deductions Last updated: 2026-05-26 Quick answer: Under section 13 of the Employment Rights Act 1996, your employer cannot deduct from your wages unless the law requires it, your contract permits it, or you agreed in writing beforehand. You have 3 months less 1 day from the date the deduction occurred to start ACAS Early Conciliation. Missing this deadline will almost always bar your claim. Your employer holds a significant amount of power over your pay. But that power has clear legal limits. Section 13 of the Employment Rights Act 1996 gives every worker in the UK a right not to have unauthorised deductions made from their wages. When an employer falls short - whether it is a withheld final payslip, an unpaid bonus, or years of underpaid holiday pay - you have options. This guide explains what the law covers, what the time limits are, and what steps tribunals have found to be most effective. ## What does Section 13 of the Employment Rights Act 1996 protect? Section 13 of the Employment Rights Act 1996 is the foundation of every unpaid wages claim. It says that an employer must not make a deduction from a worker's wages unless one of three conditions is met. The deduction is required or authorised by statute. Tax and National Insurance contributions are the obvious examples - your employer has no choice but to deduct these. The deduction is authorised by your contract of employment. Crucially, the contractual term authorising the deduction must have existed before the deduction was made. An employer cannot retrospectively add a clause to justify a deduction that has already happened. You agreed in writing in advance. A signed agreement made before the deduction occurred is required. Verbal agreements do not count. If none of these conditions are met, the deduction is unlawful - full stop. The employer's reason, intention, or financial situation is not a defence. ## What counts as "wages"? Not every payment from an employer falls within the definition of wages for the purposes of an unlawful deductions claim. The following are covered: Your basic salary or hourly pay is always covered. So is overtime pay that your contract entitles you to. Holiday pay is covered - both during employment and on termination when untaken leave is due. Commission and bonuses are covered once they have become contractually due - that is, once the conditions that trigger them have been met. Statutory sick pay, statutory maternity pay, and statutory paternity pay are all included. What is not covered: genuine expenses reimbursements, loans or advances that your employer has made to you, and payments made wholly as gifts or discretionary ex-gratia sums. If your employer argues that a payment falls into one of these categories, it is worth checking carefully whether the payment was truly discretionary or whether it had a contractual basis. ## What are common unlawful deduction situations? Certain patterns come up repeatedly in unlawful deductions claims. Your employer may have withheld your final payslip or refused to pay in lieu of notice (though notice pay disputes often overlap with wrongful dismissal - see the [wrongful dismissal guide](/resources/wrongful-dismissal) for that territory). Your salary may have been reduced without your agreement - perhaps described as a "temporary measure" that was never reversed. A bonus you were entitled to under your contract may not have been paid. Holiday pay may not have been paid on termination, leaving unused days uncompensated. Some employers deduct the cost of training courses from final pay - this is only lawful if there was a written agreement in place before the training took place. Deductions for alleged damage to equipment or till shortfalls are particularly common in retail and hospitality: these are only lawful with a prior written agreement, and even then there are limits. ## What is the deadline to claim unpaid wages? The single most important thing to understand about an unlawful deductions claim is the time limit. You have 3 months less 1 day from the date the deduction was made - or the date it should have been paid - to start ACAS Early Conciliation. This deadline is strict. Tribunals have very limited discretion to extend it, and the bar for an extension is high. In practice, missing the deadline almost always ends the claim. For a single missed payment, the clock starts on the date that payment was due. For a series of deductions - for example, being underpaid by the same amount each month - the clock runs from the date of the last deduction in the series. After starting ACAS Early Conciliation, you will receive an EC Certificate. From the date on that certificate, you generally have a further month to submit your claim to the employment tribunal. The [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) covers this in more detail. ## How far back can you claim (the 2-year backstop)? The Deduction from Wages (Limitation) Regulations 2014 introduced an important limitation. Even if you can establish a series of deductions stretching back several years, a tribunal can only award compensation for deductions made in the 2 years before your claim was started. To put this in concrete terms: if you have been underpaid by £100 per month for 4 years, the total underpayment is £4,800. But the tribunal can only award you compensation for the 2 years immediately before your claim - so a maximum of £2,400, assuming all of those deductions are recoverable. This rule applies regardless of how long the series of deductions has been running. It is not possible to recover older deductions by framing the claim differently. ## What is the series of deductions rule? The concept of a "series of deductions" is important because it determines when the 3-month clock starts. If your employer has been systematically underpaying you over time, each underpayment forms part of a series. The clock runs from the last one. Whether a gap in payments breaks the chain depends on the facts. Following *Chief Constable of the Police Service of Northern Ireland v Agnew* [2023] UKSC 33, a gap of more than three months between deductions does **not** automatically break a series - the Supreme Court rejected that rigid rule. A period of correct payment may still, on the facts, separate earlier underpayments from later ones. Tribunals look at all the circumstances to decide whether a series is intact. ## Does holiday pay have to include regular overtime? Holiday pay is wages for the purposes of section 13, so unpaid holiday pay can be claimed as an unlawful deduction. Following the Bear Scotland case, it is established that holiday pay should reflect normal remuneration - including regular overtime. If you have regularly worked overtime but your holiday pay was calculated on basic salary alone, tribunals have found this to be an underpayment. This area is complex, particularly when calculating what "regular" means and over what reference period. It is worth getting specific advice if a significant sum is involved. ## Is unpaid notice pay an unlawful deduction or wrongful dismissal? If your employer failed to pay you during your notice period, or made a payment in lieu of notice that was less than your contract required, the right claim is usually wrongful dismissal rather than an unlawful deductions claim. The distinction matters because the rules, remedies, and limits are different. The [wrongful dismissal guide](/resources/wrongful-dismissal) explains this territory in detail. ## What can you do about unpaid wages? Start by writing down exactly what you believe you are owed. List each payment, the date it was due, what your payslip shows (if anything), and what was actually paid. Keep copies of payslips, bank statements, and your employment contract. Raise the matter formally with your employer in writing. This creates a paper trail and may trigger the grievance procedure. Some employers pay when the issue is clearly stated - and having a written record helps if the dispute escalates. The [grievance letter guide](/resources/how-to-write-a-grievance-letter) covers this step. Calculate your tribunal deadline from the date of the last deduction. Start [ACAS Early Conciliation](/resources/acas-early-conciliation) before that deadline. ACAS will contact your employer to attempt a resolution. ## What if your employer is insolvent? If your employer has gone into insolvency and owes you wages, you are not necessarily without recourse. Certain payments - including unpaid wages (up to 8 weeks), unpaid holiday pay, and payment in lieu of notice (up to 12 weeks) - can be claimed from the National Insurance Fund via the Insolvency Service. These payments are subject to the statutory weekly pay cap, which is reviewed annually. The GOV.UK guidance on [redundancy and insolvency payments](https://www.gov.uk/your-rights-if-your-employer-is-insolvent) sets out the process in full. --- # Employment Solicitor Costs in the UK: What You Actually Pay URL: https://aricase.ai/resources/employment-solicitor-costs Last updated: 2026-07-09 Quick answer: Employment solicitors typically charge between £200 and £450 per hour, with many cases costing £3,000 to £15,000 or more in total legal fees. You do not currently have to pay a fee to submit an employment tribunal claim yourself. The tribunal process is open to people who represent themselves, and many claimants do. Whether a solicitor is worth the cost depends on the complexity of your case and what you can afford. When you are facing an employment problem at work, one of the first things that comes to mind is the cost of getting help. Solicitors are expensive. But what are the real numbers - and do you actually need one? This guide sets out what employment solicitors typically charge, what the tribunal process actually costs, and how to make an honest assessment of which route makes sense for your situation. ## How much do employment solicitors charge? Employment solicitors in the UK most commonly charge by the hour. Typical rates range from around **£200 to £450 per hour**, depending on the solicitor's seniority, the size of the firm, and where they are based. London rates tend to be higher. Specialist employment boutiques vary widely. For a contested unfair dismissal or discrimination claim that goes all the way to a hearing, total legal fees for the claimant can easily reach: - **£3,000 to £6,000** for a straightforward case settled at ACAS Early Conciliation - **£6,000 to £15,000** for a case that proceeds to a preliminary hearing and settles before the final hearing - **£15,000 to £30,000 or more** for a multi-day final hearing These figures are estimates. Complex discrimination or whistleblowing cases involving multiple witnesses, a lengthy hearing, and specialist counsel can cost significantly more. Most people do not know these numbers until after they have already contacted a solicitor. By then they are often too emotionally invested to step back and think about the alternatives. ### No-win no-fee arrangements Some employment solicitors offer conditional fee arrangements - commonly called no-win no-fee. You pay nothing upfront. If you win, the solicitor takes a percentage of your compensation, typically 25 to 35 percent. If you lose, you pay nothing to your own solicitor. The catch is that solicitors will only offer this for cases they consider strong enough to be worth the commercial risk. If your case is borderline, you may not be offered this option. And even if you win, losing a third of your compensation is a meaningful cost. Trade union members should check whether their union provides legal representation before engaging a private solicitor. Many do, at no cost to the member. ## Filing fees and costs orders (separate topic) **There are currently no fees to file or attend an employment tribunal claim** in England and Wales (UNISON 2017). Costs orders against the losing side are rare. Full detail lives in our [employment tribunal costs](/resources/employment-tribunal-costs) guide - this page stays focused on **what solicitors charge**. ## Self-representation instead of a solicitor You can run a claim as a litigant in person. What that involves day to day - bundle, witness statement, hearing - is covered in [going to tribunal without a solicitor](/resources/tribunal-without-solicitor). This section is only about the cost trade-off: paying hourly rates versus investing time. ## When a solicitor may be worth the cost Some situations genuinely benefit from professional legal representation: **High-value claims.** If you are claiming significant compensation - a senior employee with a large salary and many years of service, or a discrimination claim with uncapped potential - the financial return can justify the cost of professional help. **Complex legal arguments.** Whistleblowing, disability discrimination, TUPE transfers, and collective redundancy cases involve technical legal tests. A solicitor who specialises in these areas can make a material difference to how the case is presented. **Multiple respondents or interlocutory disputes.** If your employer is fighting hard on preliminary issues (strike-out applications, jurisdictional challenges), having someone who knows the procedural rules matters more. **Where you genuinely cannot manage the process.** Preparing for tribunal while also coping with the emotional impact of what happened is harder than it sounds. If you are not in a position to manage the paperwork and deadlines yourself, professional support may be necessary. ## When self-representation may be realistic Self-representation tends to work better when: - Your claim is straightforward - a clear unfair dismissal with a documented process failure, or a simple unlawful deduction claim - The amounts involved are modest - the cost of representation may exceed what you could recover - You are organised and willing to spend time preparing properly - You have a clear paper trail - emails, letters, a contemporaneous diary - You already understand the basic legal test for your claim type Many people find that structured preparation - understanding exactly what they need to prove, gathering the right documents, and drafting a clear witness statement - is most of what is needed to present a credible case. ## The gap most people fall into Most employment disputes do not fit neatly at either end of the spectrum. You are not wealthy enough to spend £10,000 on a solicitor from day one. But you also do not have any legal training, you do not know what facts matter to a tribunal, and you are not sure where to start. That is where most people get stuck. They either pay for advice they cannot sustain financially, or they try to figure it out alone and miss something important in the process. The reason this gap exists is structural. Solicitors are trained for courtrooms and formal advocacy. Citizens Advice are generalists who cannot go deep on your specific case. Free online resources tell you the law, but not how to apply it to what happened to you. What most people actually need at the start is something different: someone to work through their situation with them, help them understand what matters legally, build the case file, and get them properly prepared. That is a different job from legal representation - and it does not have to cost thousands of pounds. ## How Aricase fills that gap Aricase is an AI-powered case-building platform built specifically for employment tribunal claims in England and Wales. It works by guiding you through your case step by step - not with generic legal information, but with a structured process tailored to your situation. You tell Ari what happened. Ari helps you identify what type of claim you may have, what the key facts are, what evidence you need, and what the relevant deadlines are. Then it helps you build the case: drafting your grievance letter, organising your evidence, preparing your witness statement, and understanding the stages from ACAS Early Conciliation through to the ET1 form. At the end of the process, a human reviewer checks your case file - not as a legal opinion, but as a quality check to make sure nothing important has been missed before you submit. For a monthly subscription starting from £80, that is a fraction of what a solicitor would charge for the same preparation work. And because you are doing it with structured guidance rather than alone, the quality of what you produce is significantly better than most people manage on their own. **Aricase is not a solicitor and does not provide legal advice.** It cannot represent you at a hearing, advise you on whether to settle, or give an opinion on whether you will win. For high-value or highly complex cases, a solicitor's involvement may still be valuable - and a well-prepared Aricase case file makes that solicitor's job faster and cheaper if you do engage one. But for the majority of people who face an employment dispute, cannot afford thousands in legal fees, and need structured support to understand and build their case - Aricase is built exactly for that moment. --- # How to Write a Workplace Grievance Letter URL: https://aricase.ai/resources/how-to-write-a-grievance-letter Last updated: 2026-05-19 Quick answer: A grievance letter is a written complaint to your employer about a workplace problem. It triggers the formal grievance procedure and creates a paper trail. To write one, state clearly that it is a formal grievance, set out the facts with dates and names, say which right or policy was breached, and state the outcome you want. A grievance letter is how you formally tell your employer that something has gone wrong at work. It is not a complaint written to vent frustration. It is a written record that triggers a legal process - and it can matter significantly if your situation later leads to an employment tribunal claim. A grievance is one rung on a longer ladder. If you want to see where it sits among the other steps - raising it informally, appealing, and ACAS Early Conciliation - our guide on [what to do before making a tribunal claim](/resources/what-to-do-before-an-employment-tribunal-claim) sets out the full sequence. ## What a grievance letter is and why it matters A grievance is a formal complaint raised by an employee about a workplace issue. Common examples include bullying or harassment, discrimination, unfair treatment, health and safety concerns, changes to pay or terms without agreement, and being overlooked for promotion for an unlawful reason. Writing it down - rather than raising it verbally - does two important things. First, it starts the clock on your employer's formal procedure. Second, it creates a contemporaneous record: a document that exists from the time the problem was live, not reconstructed months later. Tribunals pay close attention to the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures). Under [section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992](https://www.legislation.gov.uk/ukpga/1992/52/section/207A), where either party unreasonably fails to follow the Code, the tribunal can adjust any compensation award by up to 25 percent. If your employer ignores your grievance and you have followed the process properly, that failure counts in your favour. ## When to write a formal grievance letter Not every workplace problem needs a formal grievance letter. A conversation with your line manager or HR may be the right first step for minor issues. The formal route makes more sense when: - The issue is serious and affects your working conditions, health, pay, or protected characteristics - An informal conversation has not resolved things - You are considering resigning and may want to claim constructive dismissal - You want a written record because you think the matter may eventually go to tribunal If you are being managed out, bullied, or discriminated against, raising a grievance creates evidence that you tried to resolve the issue internally. This matters a great deal in constructive dismissal claims. ## What to include in your grievance letter A grievance letter does not need to be long. It does need to be clear and factual. Here is what to put in it. ### Your details and the date Include your full name, job title, and the date at the top. Address the letter to your HR manager or, if HR is the subject of the complaint, the most senior independent person you can identify. ### A clear statement that this is a formal grievance Use the phrase "formal grievance" explicitly. This is important. Vague language like "I want to raise a concern" may not trigger the formal procedure. ### A factual chronology Set out what happened, in date order. Include dates, names of people involved, and what was said or done. Be specific. "My manager raised his voice at me in the team meeting on 14 March 2026 in front of six colleagues, calling my work 'useless'" is far more useful than "my manager has been treating me badly." ### Which right, policy, or rule was breached You do not need to cite legal sections by number. Plain language is fine: "This behaviour constitutes harassment under the company's dignity at work policy" or "This is a deduction from wages without my agreement, contrary to my contract." ### The outcome you want State what resolution you are seeking. Examples include a written apology, a change to your working arrangements, repayment of money owed, or an independent investigation. Tribunals and employers find it easier to respond to a clear ask. ### A request for a grievance meeting Ask for a date to meet and discuss the grievance formally. The ACAS Code requires your employer to invite you to a meeting without unreasonable delay. ## Tone and approach Keep the letter factual and calm. This is difficult when the situation has caused you real distress - but emotional language weakens your letter. Tribunals and HR departments respond better to documented facts than to expressions of anger. Avoid threats. Statements like "I will take legal action unless..." are counterproductive at this stage. Raise the facts and let the process work. Do not speculate about motives. Write what happened, not what you think the person intended. Two to four pages is usually enough. If the issue is complex, you can attach a supporting chronology as an appendix and keep the main letter shorter and clearer. ## Where to send it Send the letter to your HR department, or to your line manager's manager if your line manager is the subject of the complaint. If HR is the subject, address it to the most senior independent person in the business. Send it by email so you have a timestamp and a delivery record. If you send it by post, use recorded delivery and keep the tracking reference. Keep a copy of everything you send. If you hand-deliver it, ask for a written receipt or send a follow-up email the same day noting that you handed it over in person. ## Your right to be accompanied You have a statutory right under [section 10 of the Employment Relations Act 1999](https://www.legislation.gov.uk/ukpga/1999/26/section/10) to be accompanied at any formal grievance meeting by a trade union representative or a work colleague of your choice. Your employer cannot refuse this request if you make it in good time. Your companion can speak on your behalf, make notes, and confer with you during the meeting. They cannot answer questions put directly to you unless your employer agrees to this. If your employer refuses to allow a companion when you have properly requested one, this is a breach of a statutory right and is itself relevant evidence in any subsequent tribunal claim. ## What happens after you send it Your employer should acknowledge receipt and invite you to a grievance meeting. The [ACAS step-by-step grievance guide](https://www.acas.org.uk/grievance-procedure-step-by-step) sets out the expected process in full. At the meeting, you will be able to explain the grievance in your own words and refer to any documents you want the employer to consider. Your employer may investigate, speak to witnesses, and review records before giving you a written outcome letter. You have the right to appeal if you are unhappy with the outcome. Always exercise this right if the outcome went against you, before considering a tribunal claim - skipping the appeal without good reason can reduce your compensation under the ACAS Code. Keep notes of every meeting. If your employer does not provide minutes, send your own summary by email within a day or two, so there is a record of what was discussed. ## The tribunal clock does not stop This is one of the most important points in this guide. Raising a grievance does not pause the three-month deadline for bringing an employment tribunal claim. The clock keeps running from the date of the act you are complaining about. The only mechanism that pauses the deadline is starting [ACAS Early Conciliation](/resources/acas-early-conciliation). If your tribunal deadline is approaching, you must start ACAS Early Conciliation in time - do not wait for your grievance process to conclude first. For more on how these deadlines work, see the guide to [employment tribunal deadlines](/resources/employment-tribunal-deadlines). ## How a grievance interacts with constructive dismissal If you are considering resigning because your employer has fundamentally breached your contract - through sustained harassment, a serious unauthorised pay cut, or a breakdown of trust caused by your employer's conduct - raising a grievance before you resign is generally important. It shows you tried to resolve the issue before leaving. In a constructive dismissal claim, a tribunal will look at whether you raised the breach with your employer and gave them a reasonable opportunity to address it. If you leave without raising a grievance, your employer may argue you accepted the breach or did not give them the chance to fix it. There are situations where raising a grievance is genuinely not possible - for example, where the working environment has become intolerable. In those cases, tribunals have found that resignation without a grievance can still amount to constructive dismissal. But this is the exception rather than the rule. For more on this, see the guide to [constructive dismissal](/resources/constructive-dismissal-explained). --- *This guide contains legal information, not legal advice. Employment law is fact-specific. In similar situations, tribunals have looked at the full picture - what was raised, when, and how both sides responded. If you are unsure how this applies to your situation, you may want to consider speaking to an employment law specialist.* --- # Whistleblowing at Work: Your Rights and Protections Under UK Law URL: https://aricase.ai/resources/whistleblowing-at-work Last updated: 2026-05-15 Quick answer: Whistleblowing protection in the UK applies when you make a 'protected disclosure' about certain types of wrongdoing that you reasonably believe to be in the public interest. If you are dismissed or subjected to a detriment because of a protected disclosure, you can bring an employment tribunal claim - with no minimum service requirement and, in dismissal cases, uncapped compensation. The law's protection is real, but it is conditional. It turns on whether what you raised counts as a "protected disclosure", whether you are someone the rules cover, and whether the harm you suffered was because of it. The sections below work through each of those in turn. ## What does whistleblowing mean legally? In everyday language, "whistleblowing" describes any situation where someone reports wrongdoing. In legal terms, it has a specific meaning: making a "protected disclosure" under the Public Interest Disclosure Act 1998 (PIDA), which inserted Part IVA into the Employment Rights Act 1996. Not every complaint about your employer qualifies as a protected disclosure. The law defines the categories of wrongdoing that attract protection, who can make a disclosure, and where the disclosure can be made. If your disclosure meets all the requirements, you are protected against dismissal and detriment. If it does not meet them, you do not have the same protection - even if what you reported was genuine and serious. ## What qualifies as a protected disclosure? For a disclosure to attract legal protection, it must be a disclosure of information that you reasonably believe shows one of the following: A criminal offence has been committed, is being committed, or is likely to be committed. A legal obligation has been breached - this is broad and covers a wide range of regulatory, contractual, and statutory obligations. A miscarriage of justice has occurred, is occurring, or is likely to occur. The health or safety of any individual has been, is being, or is likely to be endangered. The environment has been, is being, or is likely to be damaged. Information about any of the above has been, is being, or is likely to be deliberately concealed. Two further conditions must both be met. First, you must reasonably believe the information is substantially true. You do not need to be certain, and you are not expected to have investigated the matter fully - but you must have a genuine and reasonable basis for the belief. Second, the disclosure must be in the public interest. This requirement was introduced by the Enterprise and Regulatory Reform Act 2013 and is discussed in more detail below. ## Who is protected by whistleblowing law? This is one of the most important aspects of whistleblowing law, and it is wider than many people realise. Protection extends to workers, not just employees. The distinction matters. Employees have a contract of employment. Workers is a broader category that includes people working under a contract to personally perform services - including many agency workers, some freelancers, and NHS workers. The specific definition is set out in section 43K of the Employment Rights Act 1996 and has been interpreted broadly by tribunals. This means that being self-employed or working through an agency does not automatically exclude you. Whether you qualify as a worker is a factual question that depends on the terms and reality of your working arrangements. ## Where can you make a protected disclosure? The law recognises three categories of disclosure, each with different requirements. Internal disclosure - to your employer - is always available. Many employers have a whistleblowing policy with a dedicated reporting channel. Internal disclosure is often the starting point, though it is not a legal requirement before going elsewhere. Disclosure to a prescribed person - a relevant regulator - is available without any prior internal reporting. The [prescribed persons list on GOV.UK](https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2) identifies which regulator covers which type of wrongdoing. Examples include the Financial Conduct Authority for financial services, the Care Quality Commission for health and social care, and HMRC for tax-related matters. To qualify for protection on this route, you must reasonably believe the information is substantially true and falls within the regulator's remit. Wider disclosure - to the media, an MP, or the public - attracts protection only in more limited circumstances. You must reasonably believe that the wrongdoing is exceptionally serious, or that you would suffer a detriment if you disclosed to your employer or a regulator, or that relevant evidence would be concealed or destroyed. The threshold is deliberately higher because wider disclosure carries greater consequences. ## What protection do you get? If you make a protected disclosure, two types of protection apply. You cannot be dismissed because of the disclosure. If you are dismissed and the disclosure is the reason - or the main reason - for the dismissal, that dismissal is automatically unfair. Crucially, there is no qualifying period: protection applies from day one of employment. This is a significant departure from ordinary unfair dismissal, which generally requires 2 years of continuous employment before a claim can be brought. See the [unfair dismissal guide](/resources/unfair-dismissal) for context on how ordinary unfair dismissal works. You cannot be subjected to a detriment because of the disclosure. Detriment covers a wide range of treatment: being demoted, passed over for promotion, excluded from meetings, given a disciplinary warning, subjected to harassment or a hostile working environment, or having your contract varied adversely. Tribunals have found that subtle and informal forms of retaliation - being frozen out, being given impossible targets - can all constitute detriment. The employer is also liable for detriments inflicted by colleagues or managers. If a fellow worker subjects you to a detriment because of your disclosure, and the employer fails to take reasonable steps to prevent it, the employer bears responsibility. ## Is whistleblowing dismissal automatically unfair, and is compensation uncapped? In whistleblowing dismissal cases, compensation is uncapped. This is a significant distinction from ordinary unfair dismissal, where the compensatory award is subject to a statutory cap that is reviewed annually. In whistleblowing cases, the tribunal can award whatever sum is just and equitable to compensate for the losses suffered. In practice, whistleblowing claims that succeed at tribunal have resulted in substantial awards - particularly where the claimant worked at a senior level and faced significant barriers to re-employment in their industry. The uncapped nature of the award reflects the seriousness with which Parliament treated retaliation against those who speak up. There is also no qualifying period. An employee who is dismissed in their first week of employment for reporting a safety breach has a valid claim. This contrasts sharply with the 2-year qualifying period that applies to most ordinary unfair dismissal claims. ## What is the public interest test? The public interest requirement was added by the Enterprise and Regulatory Reform Act 2013 specifically to prevent employees from using PIDA protection for ordinary personal grievances. Before 2013, a worker could claim whistleblowing protection for a disclosure about a breach of their own employment contract - for example, an allegation of unpaid wages. This created a loophole. Now, the disclosure must be in the public interest. Tribunals take a broad view of this test. Relevant factors include: how many people are affected by the wrongdoing, the seriousness of the wrongdoing itself, whether the employer was already aware, and whether the regulatory context suggests a wider public stake. A disclosure can still have a personal element and remain in the public interest. Tribunals have found that a disclosure about health and safety practices - even where the particular incident directly affected the person making the disclosure - can qualify as a public interest disclosure if the same practices could endanger other workers or members of the public. ## What is not protected? Personal grievances are the main exclusion. If your complaint is solely about how you have been treated as an individual - for example, that you have been bullied, or that you have not been paid correctly - this is a personal grievance and does not attract whistleblowing protection. The right remedy for those situations is a grievance procedure, an unlawful deductions claim, or a harassment claim, depending on the facts. Disclosures made for purely personal gain do not attract protection. Disclosures where there is no reasonable belief in the truth of the information also fall outside the protection. If you have fabricated or exaggerated the wrongdoing you are reporting, the protection does not apply. It is worth noting that a disclosure can be both a personal grievance and a matter of public interest - the two are not mutually exclusive. But if the personal grievance element is the whole of the disclosure, the public interest test is unlikely to be met. ## Can an NDA stop you from whistleblowing? A confidentiality clause or non-disclosure agreement cannot prevent you from making a protected disclosure to a prescribed person or regulator. Any contractual term that attempts to do this is void to that extent. This applies to both employment contracts and settlement agreements. If you are being offered a settlement agreement that contains a wide confidentiality clause, it is worth considering whether any ongoing reporting obligations you have - or may want to exercise - would be affected. The [settlement agreements guide](/resources/settlement-agreements-guide) covers NDAs in more detail. The position is different for disclosures to the media or the public: there, a confidentiality clause may have more force unless the higher threshold for wider disclosure is met. Legal advice is worth getting before making a disclosure in those circumstances. ## What steps can you take before making a disclosure? Before you make a disclosure, document clearly what you are about to report. Note the specific conduct or information you believe shows wrongdoing, why you believe it falls into one of the qualifying categories, and why you believe it to be substantially true. Keep a copy somewhere secure and outside your work systems. Make your disclosure in writing wherever possible - this creates a record of the date, content, and recipient. If you raise the matter internally, use a formal channel such as a whistleblowing hotline or a written report to a senior manager or board member, depending on who is implicated. If you experience any negative treatment after making a disclosure, keep a record of each incident with dates, what happened, and who was involved. This evidence is central to a detriment claim if you later need to bring one. Note the names of witnesses and preserve any documents that relate to the treatment. The time limit for bringing a whistleblowing claim at tribunal is 3 months less 1 day from the date of dismissal or the date of the last act of detriment, subject to the ACAS Early Conciliation requirement. The [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) explains the full process. --- # Wrongful Dismissal: What It Is and How It Differs from Unfair Dismissal URL: https://aricase.ai/resources/wrongful-dismissal Last updated: 2026-05-11 Quick answer: Wrongful dismissal is a breach of contract claim. It arises when an employer dismisses you in a way that breaks your employment contract - most commonly by failing to give you the notice you were entitled to. Unlike unfair dismissal, there is no qualifying period: you can bring a wrongful dismissal claim from your first day of work. What you can recover is limited to the financial loss over your notice period, not broader compensation for the unfairness of being dismissed. Many people use the terms wrongful dismissal and unfair dismissal interchangeably. They are not the same thing. Understanding the difference matters because the claims have different rules, different remedies, and different time limits. ## The core distinction **Wrongful dismissal is a contract claim.** Your employer dismissed you in a way that broke your employment contract. The most common example is dismissal without the notice the contract (or the law) required. **Unfair dismissal is a statutory claim.** It exists because Parliament decided that employees should have protection against dismissal that lacks a fair reason or a fair process, regardless of what the contract says. The right is set out in [Part X of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X). The two claims can overlap. Being dismissed instantly for alleged gross misconduct you did not commit could give rise to both: a wrongful dismissal claim for the unpaid notice, and an unfair dismissal claim for the inadequate investigation. ## No qualifying period for wrongful dismissal One of the most important practical differences is the qualifying period. To bring an ordinary unfair dismissal claim, you generally need 2 years of continuous employment. If your employment ends before that point, the statutory claim is not available to you. Wrongful dismissal has no such requirement. Because it is a contract claim - essentially a claim that the employer breached an agreement - you can bring it from the first day of work. This makes it the only dismissal claim available to employees with short service. ## What counts as wrongful dismissal? There are several ways a dismissal can be wrongful. ### Dismissed without notice Every employment contract includes a notice period. It may be stated explicitly, implied by custom and practice, or - if the contract is silent or gives less than the minimum - replaced by the **statutory minimum notice** under [section 86 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/86). The statutory minimum is: - 1 week's notice after 1 month of employment - 1 week per complete year of service, up to a maximum of 12 weeks If your contract gives more than the statutory minimum, your contract notice applies. If your contract gives less, the statutory minimum replaces it. To see the notice you are entitled to, use our [notice period calculator](/tools/notice-period-calculator). Dismissing you without going through that notice period - unless gross misconduct justifies it - is a breach of contract. ### Summary dismissal without gross misconduct An employer can dismiss an employee immediately, without notice, if the employee has committed gross misconduct. This is sometimes called summary dismissal. But summary dismissal is only lawful if the conduct genuinely justifies it. Gross misconduct typically involves serious dishonesty, theft, violence, or behaviour that fundamentally destroys the trust needed for the employment relationship to continue. Minor misconduct, or misconduct that has been tolerated previously, will rarely meet that standard. If an employer dismisses you instantly for something that does not amount to gross misconduct, that dismissal is wrongful. You are entitled to the notice you were owed. Note that even where gross misconduct is alleged, a separate unfair dismissal claim may still exist if the employer failed to carry out a reasonable investigation or follow a fair procedure. That claim requires 2 years' service, but it sits alongside the wrongful dismissal claim, not instead of it. ### Fixed-term contract ended early If you have a fixed-term contract and your employer brings it to an end before the agreed end date, that is a breach of contract unless the contract contained an explicit right to terminate early. You can claim damages for the earnings lost over the remainder of the term. ### Constructive wrongful dismissal If your employer commits a serious breach of contract and you resign in response, that resignation can constitute a dismissal in law. For wrongful dismissal purposes, the question is whether the employer's conduct was a breach of contract. This is distinct from the broader constructive unfair dismissal question, which also looks at whether the breach destroyed the employment relationship in a way that makes the resignation reasonable. ## Pay in lieu of notice Many contracts contain a pay in lieu of notice (PILON) clause. This gives the employer the right to end your employment immediately by paying you the equivalent of your notice pay rather than requiring you to work it out. If your contract contains a valid PILON clause, the employer can lawfully invoke it. There is no breach of contract, and no wrongful dismissal claim. If your contract does not contain a PILON clause, and the employer simply pays you in lieu rather than allowing you to work your notice, the immediate termination is itself a breach of contract. The payment they made may reduce your losses, but the wrongful dismissal claim remains available. ## What you can recover Wrongful dismissal damages are designed to put you in the financial position you would have been in if the contract had been performed properly. In practice, that means **the net earnings you would have received during your notice period**, minus: - Any income you earned from another employer during that period (you have a duty to mitigate your losses) - An adjustment for income tax and National Insurance (damages for lost earnings are usually expressed on a net basis) You **cannot** recover: - Compensation for distress, upset, or injury to feelings (those are available in discrimination claims, not straightforward contract claims) - Losses beyond the notice period - for example, difficulty in finding a new job or long-term career damage - Any sum for the manner of your dismissal, however badly it was handled This is one of the key practical limits of wrongful dismissal. The claim covers the notice window only. If the real loss is losing a well-paid job for good, unfair dismissal - where it is available - gives a much broader remedy. ## Where to bring your claim You have two options. **The employment tribunal** hears most wrongful dismissal claims. It is quicker and cheaper than going to court. Before issuing a claim, you must go through [ACAS Early Conciliation](/resources/acas-early-conciliation). The time limit is [3 months less 1 day](/resources/employment-tribunal-deadlines) from the effective date of termination - the same deadline as for unfair dismissal. The employment tribunal currently caps wrongful dismissal awards at **£25,000**. **The civil courts** - the County Court or High Court - handle claims above £25,000. The limitation period is 6 years from the breach of contract. There is no ACAS Early Conciliation requirement for civil court claims. If your notice period is long and your salary is high, the civil court route may produce a better financial outcome, though the process is slower and the costs are higher. ## When both wrongful and unfair dismissal apply The two claims can and often do run together in the same proceedings. Here is a concrete example. An employee with 3 years of service is dismissed instantly, without notice, for allegedly stealing from the till. They deny it. The employer conducted a brief investigation lasting two days and did not allow a companion at the disciplinary hearing. **Wrongful dismissal claim:** was the conduct serious enough to justify summary dismissal? If the evidence was insufficient to establish gross misconduct, the employee was entitled to their contractual notice. A claim for that unpaid notice period is available regardless of length of service. **Unfair dismissal claim:** did the employer have a genuine belief in the misconduct, did they carry out a reasonable investigation, and did they follow a fair procedure? The 2-year qualifying period is met. The inadequate investigation and absence of a companion may well make the dismissal procedurally unfair, opening the door to a compensatory award substantially larger than the notice pay alone. Both claims can be brought in the same employment tribunal proceedings. ## The £25,000 tribunal cap in practice The cap on wrongful dismissal in the employment tribunal is worth bearing in mind for anyone with a long contractual notice period. A senior employee on a £120,000 salary with 6 months' contractual notice has a potential wrongful dismissal claim of approximately £60,000 - double the tribunal cap. In that situation, pursuing the claim in the civil courts may recover more. The trade-off is time and litigation cost. In similar situations, claimants have weighed the certainty of tribunal proceedings against the higher potential recovery in court before deciding which route to take. --- *This article is legal information, not legal advice. Employment contract terms vary widely and the right result depends on the specific facts of your case.* --- # Workplace Discrimination: Your Rights Under the Equality Act 2010 URL: https://aricase.ai/resources/workplace-discrimination Last updated: 2026-05-07 Quick answer: Workplace discrimination means being treated unfairly at work because of a protected characteristic under the Equality Act 2010. There are 9 protected characteristics, including race, sex, disability, and age. You can bring a discrimination claim from day one of employment - there is no 2-year qualifying period. The 3-month deadline runs from the act of discrimination, or from the end of a continuing act where the discrimination is ongoing. Workplace discrimination is one of the most common reasons people bring employment tribunal claims in England and Wales. The law gives strong protections, and unlike unfair dismissal, there is no qualifying period - it applies from your first day at work. ## What is workplace discrimination? Workplace discrimination means being treated unfairly at work because of a characteristic that is protected under the Equality Act 2010. The Act covers not just dismissal but a wide range of treatment - from recruitment decisions and pay to promotions, working conditions, and how disciplinary processes are handled. The most important thing to understand is that no qualifying period applies. You do not need to have worked for your employer for 2 years. A discrimination claim can be brought from your first day of employment - or even before employment starts, if you were treated unfairly during a job application or interview because of a protected characteristic. ## What are the 9 protected characteristics? The Equality Act 2010 sets out 9 protected characteristics. Treatment connected to any of these can form the basis of a discrimination claim. **Age** covers people of all ages - not just older workers. An employer who refuses to hire someone because they are considered "too old" or "too young" may be acting unlawfully. **Disability** includes physical and mental health conditions that have a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. Mental health conditions such as depression, anxiety, PTSD, and bipolar disorder can qualify. Some conditions - including cancer, HIV infection, and multiple sclerosis - are automatically treated as disabilities from the point of diagnosis. **Gender reassignment** protects people who are proposing to undergo, are undergoing, or have undergone a process of gender reassignment. You do not need to have had any medical treatment for this protection to apply. **Marriage and civil partnership** provides more limited protection than the other characteristics. It applies to the workplace but not to recruitment. It covers treatment connected to the fact of being married or in a civil partnership, not to relationships generally. **Pregnancy and maternity** protects against unfavourable treatment connected to pregnancy or maternity leave. This applies during the protected period, which runs from the start of pregnancy through to the end of maternity leave. **Race** covers colour, nationality, and ethnic or national origins. It can include national origin (such as being English, Welsh, Scottish, or Irish), ethnicity, or membership of a particular racial group. **Religion or belief** covers religion, religious belief, and philosophical belief - including a lack of belief. Philosophical belief must meet certain criteria to qualify: it must be genuinely held, concern a weighty matter, have a level of cogency and coherence, and be worthy of respect in a democratic society. **Sex** protects both men and women from treatment that is less favourable because of their sex. **Sexual orientation** covers gay, lesbian, bisexual, and heterosexual people. It refers to orientation towards people of the same sex, the opposite sex, or both. ## What are the types of discrimination? The Equality Act 2010 recognises several distinct types of discrimination. Understanding which applies to your situation matters because the legal tests are different. ### Direct discrimination Direct discrimination happens when someone is treated less favourably because of a protected characteristic than someone without that characteristic would be treated in the same or similar circumstances. A typical example is an employer who does not promote a woman because she is pregnant, or who does not shortlist a candidate because of their ethnic background. The comparator does not need to be a real person. A tribunal can consider how a hypothetical comparator - someone without the relevant characteristic but in otherwise similar circumstances - would have been treated. ### Indirect discrimination Indirect discrimination arises when a provision, criterion, or practice applies equally to everyone but puts people with a particular protected characteristic at a particular disadvantage compared to those without it. If the employer cannot show that the provision was a proportionate means of achieving a legitimate aim, it is unlawful. An example might be a requirement that all employees work full-time hours. That requirement applies to everyone, but it may put women at a particular disadvantage because women are statistically more likely to have childcare responsibilities. Whether it is justified depends on whether the employer can show a genuine business need that outweighs the disadvantage caused. ### Harassment Harassment under the Equality Act 2010 is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The effect is judged partly from the perspective of the person affected - the law does not require the perpetrator to have intended to cause harm. Harassment does not have to come from an employer. It can involve colleagues, clients, or customers. Employers can be liable if they failed to take reasonable steps to prevent it. ### Victimisation Victimisation means being treated badly because you made or supported a complaint about discrimination, or because you did something else protected under the Equality Act 2010 - such as giving evidence in someone else's discrimination case. The law protects people who raise these issues in good faith. ## How does disability discrimination work? Disability discrimination deserves separate attention because the law gives disabled people additional protections that go beyond the four types described above. **Direct disability discrimination** works in the same way as direct discrimination for other characteristics. An employer who refuses to promote someone because of a disability is acting unlawfully. **Failure to make reasonable adjustments** is a duty that exists specifically for disability. If a provision, criterion, practice, or physical feature puts a disabled person at a substantial disadvantage compared to non-disabled people, the employer is under a duty to take reasonable steps to remove that disadvantage. What counts as reasonable depends on factors including the cost of the adjustment, the size of the employer, and the practicality of the change. Examples include changing a disabled employee's hours, providing specialist equipment, or adjusting performance targets during a period of ill health. The [reasonable adjustments guide](/resources/reasonable-adjustments-at-work) covers how to request one and what to do if your employer refuses. **Discrimination arising from disability** is a separate type of claim. It arises when someone is treated unfavourably not because of the disability itself but because of something that arises from or is connected to it. A common example is dismissing an employee because of a high level of sickness absence, where that absence was caused by a disability. The employer has a defence if they can show the treatment was a proportionate means of achieving a legitimate aim, or if they did not know and could not reasonably have been expected to know that the person was disabled. ### What "substantial and long-term" means To qualify as a disability under the Equality Act 2010, an impairment must have a substantial and long-term adverse effect on normal day-to-day activities. "Substantial" means more than minor or trivial. "Long-term" generally means that the effect has lasted at least 12 months, is expected to last at least 12 months, or is expected to last for the rest of the person's life. An impairment that comes and goes can still qualify if it is likely to recur. A condition that is controlled by medication is assessed as if the medication were not being taken - so a condition that is well-managed but would cause substantial effects without treatment still counts. The tribunal will look at the overall picture, not just whether the person is symptomatic on any particular day. ## Do you need a qualifying period to claim discrimination? This point cannot be overstated. Discrimination claims are different from unfair dismissal claims in one fundamental way: there is no minimum period of employment required. The 2-year qualifying period that applies to most unfair dismissal claims does not apply here. This means that someone who is dismissed in their first week of employment - or even refused a job in the first place - can bring a discrimination claim if the treatment was connected to a protected characteristic. It also means that even if you do not have 2 years' service and cannot bring an unfair dismissal claim, you may still have a strong legal claim if discrimination is involved. ## How much compensation can you get for discrimination? ![Vento bands for injury to feelings in discrimination claims for April 2026: lower band 1,300 to 12,600 pounds, middle band 12,600 to 37,700 pounds, and upper band 37,700 to 62,900 pounds](/guides/guide-vento-bands-injury-to-feelings.png "The Vento bands used for injury-to-feelings awards in discrimination claims") Compensation for discrimination is uncapped. There is no statutory ceiling on what a tribunal can award. This contrasts with the basic and compensatory awards for ordinary unfair dismissal, which are subject to statutory limits. Awards in discrimination cases typically cover three things. First, financial losses - past earnings lost as a result of the discrimination, and future losses if the claimant has not yet found equivalent work. Second, injury to feelings - an award to reflect the distress caused by the discrimination. These are assessed by reference to the Vento bands, which set three tiers depending on the seriousness of the conduct. In more serious cases, the top Vento band applies - for claims presented on or after 6 April 2026 that band runs from £37,700 to £62,900 for the injury to feelings element alone, with the most exceptional cases capable of exceeding £62,900. Third, in the most serious cases, personal injury damages may be awarded where the discrimination has caused a recognised psychiatric illness. Tribunals have also awarded aggravated damages in cases where the employer's conduct was particularly high-handed, malicious, or oppressive. Interest can be added to injury to feelings awards and past financial losses. ## What is the deadline to bring a discrimination claim? The deadline for bringing a discrimination claim is 3 months less 1 day from the act of discrimination, or from the last act in a continuing series of discriminatory acts. This is a strict deadline. Before you can bring a claim at an employment tribunal, you must go through ACAS Early Conciliation. That process stops the clock while it is running, but you must start it before your 3-month deadline expires. See the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) and the [ACAS Early Conciliation guide](/resources/acas-early-conciliation) for detail on how the timing works. If there is a continuing course of discriminatory conduct, the 3-month period runs from the last act in that course. However, it is safer not to rely on this. If you have a specific incident in mind, calculate the deadline from that incident and act promptly. Tribunals have discretion to extend the time limit where it is just and equitable to do so, but that discretion is not exercised generously - it is not a reliable safety net. ## Who has the burden of proof in a discrimination claim? Under section 136 of the Equality Act 2010, the burden of proof in discrimination cases is split. The claimant must first show facts from which a tribunal could conclude, in the absence of any other explanation, that discrimination occurred. This is sometimes described as establishing a prima facie case. Once the claimant has done that, the burden shifts to the employer to show that the treatment had nothing to do with the protected characteristic. This burden-shifting mechanism means that claimants do not need to prove discrimination on the balance of probabilities from the outset - but they do need to point to real, credible facts. A tribunal that finds those facts proved but receives no satisfactory explanation from the employer must find discrimination. This makes contemporaneous evidence - emails, messages, documents created at the time - particularly important. If the employer later offers a different reason for treatment that looks discriminatory, a paper trail from before the dispute arose is far more persuasive than explanations given after the event. ## What can you do if you have been discriminated against? The steps taken in similar situations tend to follow a clear pattern. Gather evidence as soon as possible - emails, messages, performance reviews, meeting notes, CCTV if relevant, and accounts from any witnesses. Evidence degrades quickly, and contemporaneous notes are far more persuasive to a tribunal than recollections made months later. Consider raising a formal grievance with your employer. A grievance creates a paper trail, engages the ACAS Code of Practice on Disciplinary and Grievance Procedures, and can produce responses from the employer that are useful as evidence. Not raising a grievance does not bar a discrimination claim, but tribunals can adjust compensation where a party has unreasonably failed to follow the ACAS Code. See the [how to write a grievance letter guide](/resources/how-to-write-a-grievance-letter) for practical guidance on what to include. Calculate your 3-month deadline carefully from the act or last act of discrimination, then start ACAS Early Conciliation before it expires. See the [ACAS Early Conciliation guide](/resources/acas-early-conciliation) for how that process works. ## Can you bring discrimination alongside other claims? Discrimination claims can run alongside other types of employment tribunal claim. Someone who is dismissed for a discriminatory reason may be able to bring both a discrimination claim and, if they have 2 years' service, an unfair dismissal claim at the same time. Where the dismissal is found to be both unfair and discriminatory, the tribunal assesses compensation on the discrimination basis - which means the award is uncapped. The two claims are not simply added together, but running them together ensures the strongest basis for compensation is put before the tribunal. See the [unfair dismissal guide](/resources/unfair-dismissal) for more detail on how that claim works and how the two can interact. --- # How UK Statutory Redundancy Pay Is Calculated URL: https://aricase.ai/resources/redundancy-pay-explained Last updated: 2026-05-03 Quick answer: Statutory redundancy pay is calculated using an age-banded formula based on your length of service and weekly pay. You get half a week's pay per year of service under age 22, one week per year aged 22 to 40, and one and a half weeks per year aged 41 and over. Only the first 20 years count, and the weekly pay figure is capped at a statutory limit updated each April. You need at least 2 years' continuous employment to qualify. When an employer decides a role is no longer needed, the law gives qualifying employees a right to a minimum payout. That minimum is statutory redundancy pay. It is set by [Part XI of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/XI) and is separate from anything your employer may offer on top. This guide explains who qualifies, how the amount is worked out, how tax applies, and when a redundancy can also be challenged as an unfair dismissal. ## Who qualifies for statutory redundancy pay? You qualify if all four of the following apply. **You are an employee.** Statutory redundancy pay is an employee right. Workers and the genuinely self-employed are not entitled to it. If your employment status is in doubt, that question should be resolved first. **You have at least 2 years' continuous service.** Service is counted from the date your employment started with that employer (or an associated employer in certain group structures). Part-time employees count on the same basis as full-time employees. **The redundancy is genuine.** A redundancy situation exists when the employer's requirement for employees to carry out work of a particular kind has ceased or diminished, or is expected to. The role itself must genuinely be disappearing, not simply the person in it. Tribunals look behind the label to the reality. **You have not unreasonably refused a suitable alternative role.** If your employer offers you an alternative position and you turn it down without good reason, you may lose your entitlement. Whether an alternative role was "suitable" and whether a refusal was "unreasonable" are fact-specific questions, and tribunals have found both for and against employees in similar situations. ## The age-banded formula Statutory redundancy pay is calculated using three pieces of information: your age during each year of service, your length of service, and your weekly pay. The formula gives you a number of weeks' pay based on your age at the start of each complete year of service: - **Under 22:** half a week's pay per year of service - **Age 22 to 40:** one week's pay per year of service - **Age 41 and over:** one and a half weeks' pay per year of service Only the **first 20 years** of service count, even if you have worked longer. The **weekly pay** used in the calculation is capped at a statutory limit. This cap is reviewed and usually increased each April through the Employment Rights (Increase of Limits) Order. Before you calculate, check the current cap at [GOV.UK: Redundancy - your rights](https://www.gov.uk/redundancy-your-rights). Using an outdated figure will produce the wrong answer. ### A worked example Take someone who is 45 years old, has 8 years of service, and earns £35,000 a year. Their weekly pay is £35,000 divided by 52, which is approximately £673. Of their 8 years of service: - 4 years were worked from age 41 onwards, earning 1.5 weeks' pay per year: 4 x 1.5 = 6 weeks - 4 years were worked between ages 37 and 40, earning 1 week per year: 4 x 1 = 4 weeks Total: 10 weeks of pay. Whether the weekly pay used is the full £673 or the capped figure depends on where the statutory cap sits at the time. If the cap is below £673, the capped figure applies. If the cap is above £673, the actual weekly pay is used. To work out your own figure, use our [redundancy pay calculator](/tools/redundancy-pay-calculator), which applies the current statutory cap and the age bands for you. You can also cross-check against the [GOV.UK redundancy pay calculator](https://www.gov.uk/calculate-your-redundancy-pay). ## Is statutory redundancy pay taxed? Statutory redundancy pay is generally **tax-free up to £30,000**. This threshold applies to the combined total of all ex-gratia termination payments - meaning all payments made in connection with the end of employment that are not contractually owed to you as salary. Two important exceptions apply. **Pay in lieu of notice (PILON)** is fully taxable, regardless of the £30,000 threshold. This changed in April 2018. Even if your PILON is wrapped into a larger termination package, the notice-equivalent portion is treated as income for tax purposes. **Accrued but untaken holiday pay** is also fully taxable. It represents salary you were owed and never received, so it sits outside the £30,000 exemption. If your total ex-gratia payments (excluding PILON and holiday pay) exceed £30,000, you will pay income tax and National Insurance contributions on the excess. Enhanced redundancy payments from your employer count towards the £30,000 total alongside the statutory amount. If you are uncertain how your package is structured for tax, HMRC guidance or an accountant's advice may be worth seeking before you accept. ## Enhanced redundancy pay and settlement agreements Many employers pay more than the statutory minimum. Some have contractual schemes that improve the formula - for example, two weeks' pay per year of service regardless of age, or no cap on weekly pay. Check your contract of employment and any staff handbook. Enhanced amounts are often offered as part of a [settlement agreement](/resources/settlement-agreements-guide). A settlement agreement is a legally binding document in which you agree to give up employment claims in exchange for a financial payment. Before signing, you are required by law to take independent legal advice on its terms. When evaluating an enhanced offer, the relevant comparison is the statutory floor plus the value of any tribunal claims you would be waiving. An enhanced redundancy payment alone, without considering what claims you are giving up, does not tell you whether the package is good value. ## When redundancy might also be unfair dismissal Redundancy is a potentially fair reason for dismissal, but it does not automatically make a dismissal fair. Tribunals have found dismissals were unfair even where a genuine redundancy situation existed, because the employer's process was flawed. Common reasons a redundancy dismissal fails as a fair dismissal include: **Unfair selection criteria.** If the pool of employees at risk was defined unfairly, or if the criteria used to score employees were discriminatory or applied inconsistently, the selection can be challenged. **Failure to consult properly.** Employees at risk of redundancy are entitled to meaningful consultation before a final decision is made. Going through the motions without genuine dialogue is a common failure. **Failure to consider suitable alternative roles.** Employers are expected to look across the business for roles the redundant employee might fill. Failing to do so, or offering only roles that are clearly unsuitable, can undermine the fairness of the dismissal. **Sham redundancy.** If the role continues to exist under a different name, or is filled by someone else shortly after, a tribunal may find that the redundancy was not genuine and was instead a disguised dismissal. If you have at least 2 years' service, you may be able to bring both a statutory redundancy pay claim and an unfair dismissal claim. The [3-months-less-1-day tribunal deadline](/resources/employment-tribunal-deadlines) applies to both. ## The time limit for redundancy pay claims The time limit for claiming statutory redundancy pay is **6 months from the effective date of termination**. This is different from the 3-months-less-1-day limit for unfair dismissal. A tribunal can extend the 6-month period to 18 months in exceptional circumstances, but relying on that discretion is risky. In similar situations, tribunals have required a compelling explanation for the delay. If you are close to either deadline, [ACAS Early Conciliation](/resources/acas-early-conciliation) must be started before an employment tribunal claim can be issued. Starting Early Conciliation stops both clocks while it is in progress. ## What if your employer is insolvent? If your employer cannot pay because they are insolvent, you can apply to the **National Insurance Fund** via the [Insolvency Service](https://www.gov.uk/government/organisations/insolvency-service). The government will pay your statutory redundancy pay directly, subject to the same weekly pay cap and service limits that apply to the standard calculation. You cannot recover enhanced contractual redundancy pay through the National Insurance Fund. That becomes an unsecured creditor claim in the insolvency proceedings. --- *This article is legal information, not legal advice. If your situation is complex - for example, if you have been offered a settlement agreement or believe your redundancy was not genuine - you may want to consider taking independent legal advice.* --- # Will Unfair Dismissal Become a Day-One Right in the UK? URL: https://aricase.ai/resources/day-one-unfair-dismissal-rights Last updated: 2026-05-11 Quick answer: The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and is now law. The final Act does not create unconditional day-one ordinary unfair dismissal rights. Instead, the government intends to reduce the ordinary unfair dismissal qualifying period from 2 years to 6 months for dismissals from 1 January 2027, subject to commencement regulations. Until that change is in force, the existing 2-year rule still applies. The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) is now law. It received Royal Assent on **18 December 2025** as **Chapter 36**. A lot of public commentary still describes the reform as 'day-one unfair dismissal rights', but that shorthand is now stale and potentially misleading. > **Law status - last updated 11 May 2026:** The Employment Rights Act 2025 does not create unconditional day-one ordinary unfair dismissal rights. The government intends to reduce the ordinary unfair dismissal qualifying period from 2 years to 6 months for dismissals from **1 January 2027**, but that start date still depends on commencement regulations. Until the change is in force, the existing 2-year rule still applies. ## What changed in the final Act? The final Act moved away from the earlier idea of unconditional day-one ordinary unfair dismissal protection. The current position is: - **It is now law** - the Employment Rights Act 2025 received Royal Assent on 18 December 2025. - **The ordinary unfair dismissal qualifying period is expected to fall** from 2 years to **6 months**. - **The planned start date is 1 January 2027** for dismissals from that date, according to the government's current implementation timetable. - **Commencement regulations are still needed**, so 1 January 2027 is the government's stated intention, not a rule already in force in tribunal claims. - **Existing day-one protections remain** for automatically unfair reasons and discrimination. See the [GOV.UK Employment Rights Act 2025 factsheets](https://www.gov.uk/government/publications/employment-rights-bill-factsheets), the government's [implementation timeline](https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act/plan-to-make-work-pay-and-employment-rights-act-timeline-update), and the official [unfair dismissal rights page](https://www.business.gov.uk/campaign/employment-changes/employee/unfair-dismissal-rights/) for the current public position. ## Is this "day-one" unfair dismissal protection? Not in the strict sense. There are two senses in which 'day-one rights' is used: - **'Day one' in the existing sense** - automatically unfair grounds (pregnancy, whistleblowing, asserting a statutory right, trade union activity, health and safety, and others) and discrimination under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) already apply from your first day. Those have no qualifying period today, and the Employment Rights Act 2025 does not remove them. - **'Day one' as a campaign shorthand** - this is no longer a precise description of the ordinary unfair dismissal reform. The final Act points to a **shorter qualifying period: 6 months, not day one**. If you read about 'day-one unfair dismissal rights' coming in, the practical translation is: 'the qualifying period for ordinary unfair dismissal is expected to shorten from 2 years to 6 months, once the relevant commencement regulations bring the change into force'. ## When does the change take effect? The government's current plan is for the six-month qualifying period to apply to dismissals from **1 January 2027**. The official Business.gov.uk guidance says that for dismissals before 1 January 2027, the current 2-year qualifying period remains in force. That still needs careful wording. The Act is law, but individual measures come into force through commencement provisions and secondary legislation. Until the unfair-dismissal change is commenced, employment tribunals continue to apply the existing qualifying-period rules. The safest summary is: - **Today:** most ordinary unfair dismissal claims still need 2 years' continuous employment. - **Planned from 1 January 2027:** the threshold is expected to become 6 months for dismissals from that date. - **Not correct:** unconditional day-one ordinary unfair dismissal rights. ## What rights do you have today (May 2026)? Until the reform is in force, the existing law applies: - **Ordinary unfair dismissal** - you need 2 years' continuous service. See our main [unfair dismissal guide](/resources/unfair-dismissal). - **Automatically unfair dismissal** - no qualifying period. Covers pregnancy and maternity, whistleblowing, trade union activity, asserting a statutory right, health and safety, and others. - **Discrimination** - no qualifying period under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents). - **Wrongful dismissal** - a contract claim about breach of notice; not subject to the 2-year rule. So 'I have less than 2 years' service' does not necessarily mean you have no rights. If your dismissal was for a reason connected to any automatically unfair ground, or to a protected characteristic, the qualifying period does not apply. ## What this means if you have just been dismissed The legal position today is the position that matters for your case. If you have been dismissed, your priority order is: 1. **Calculate your [tribunal deadline](/resources/employment-tribunal-deadlines)** - 3 months less 1 day from your effective date of termination, in most cases 2. **Start [ACAS Early Conciliation](/resources/acas-early-conciliation)** before that deadline 3. **Check whether any automatically-unfair ground applies** - those do not need the 2-year qualifying period 4. **Consider whether the [constructive dismissal](/resources/constructive-dismissal-explained) route applies** if you resigned in response to your employer's conduct The Employment Rights Act 2025 unfair-dismissal qualifying-period change is not expected to apply retrospectively. The rules in force on the date of your dismissal are the rules that govern your claim. ## Other reforms in the Employment Rights Act 2025 (briefly) The Act is broader than the unfair-dismissal qualifying period. Other measures include: - **Ending 'fire and rehire'** - making it automatically unfair to dismiss and rehire on worse terms in defined circumstances - **Statutory Sick Pay changes** - including removal of the lower earnings limit and waiting days - **Better protections for zero-hours workers** - including guaranteed hours after a reference period - **Stronger family leave rights** - including paternity and unpaid parental leave changes that began taking effect in 2026 See the [government's factsheets](https://www.gov.uk/government/publications/employment-rights-bill-factsheets) for the full list and the latest published detail. --- If you have less than 2 years' service and think you have been dismissed unfairly, do not assume you are out of options. Many people in your position have valid claims under existing law (automatically unfair grounds, discrimination, wrongful dismissal) - the rules are just narrower. Check your situation against the [main unfair dismissal guide](/resources/unfair-dismissal) and the [tribunal deadline](/resources/employment-tribunal-deadlines) before assuming there is nothing to do. --- # Going to Employment Tribunal Without a Solicitor URL: https://aricase.ai/resources/tribunal-without-solicitor Last updated: 2026-06-11 Quick answer: Yes - you can go to an employment tribunal without a solicitor, and many people do. Tribunals are designed to be accessible to litigants in person, judges will explain procedure, and there are no tribunal fees. The trade-off is the time, evidence work and emotional load of preparing and presenting your own case against an employer who usually has lawyers. The short answer is **yes**: you do not need a solicitor to bring an employment tribunal claim. The tribunal system was specifically designed so ordinary people could represent themselves. Whether it is the right choice for you is a different question - and the honest answer is that going to tribunal without a solicitor is entirely doable, but it rewards preparation more than confidence. ## How common is self-representation? More common than you might think. Across employment tribunals, a significant proportion of claimants every year are unrepresented (see [Ministry of Justice tribunal statistics](https://www.gov.uk/government/statistics/tribunal-statistics-quarterly)). Tribunals are an accessible forum by design - judges are used to guiding 'litigants in person' through the process, and there are **no tribunal fees**. ## Who can represent you at an employment tribunal? You do not have to choose between hiring a solicitor and going completely alone. Employment tribunals allow a range of people to represent you, and you can mix and match as the case goes on: - **Yourself** - a 'litigant in person'. This is the default the system is built around, and what most of this guide is about. - **A solicitor or barrister.** You can instruct one for all or part of the case, or go straight to a barrister through the direct access (public access) scheme - often cheaper for the hearing alone. - **A trade union representative.** If you are a union member, your union may provide an experienced representative at no extra cost - one of the most overlooked sources of free help. - **A friend, family member or colleague.** A tribunal has discretion to let a 'lay representative' speak for you; they do not need legal qualifications. - **Free advice services.** Citizens Advice, law centres, university law clinics and the Free Representation Unit can advise or, in some cases, represent you for free, subject to capacity. - **A paid non-lawyer.** Employment consultants and 'claims' firms can represent you, but unlike solicitors they are not regulated - check their experience, fees and insurance before signing anything. Whichever route you take, the cost side is covered in the [cost of a tribunal claim](/resources/employment-tribunal-costs) and [employment solicitor costs](/resources/employment-solicitor-costs) guides. ## What is the stage-by-stage journey? If you represent yourself, it helps to see the whole road before you set off. A typical claim moves through these stages. Timescales vary a great deal: the process **commonly takes many months** from start to final hearing, and longer for complex discrimination cases - check current tribunal backlogs for your region rather than relying on a fixed figure. | Stage | What it involves | Rough timing | |---|---|---| | **ACAS Early Conciliation** | Notify ACAS before you can file. It pauses your deadline and offers conciliation. | Up to 12 weeks | | **ET1 claim form** | You file your claim setting out the facts and the law. | After the ACAS certificate, within your deadline | | **ET3 response** | The employer files its defence. | 28 days after the tribunal sends them the ET1 | | **Case management** | A judge reviews the papers and sets a timetable, sometimes at a preliminary hearing. | Weeks to a few months | | **Disclosure** | Both sides exchange all relevant documents, helpful or not. | Per the timetable | | **Bundle** | The agreed, paginated set of documents for the hearing is assembled. | Before the hearing | | **Witness statements** | Both sides exchange written evidence, usually simultaneously. | Before the hearing | | **Final hearing** | Evidence is tested and the tribunal decides. | Commonly many months after the ET1 | For the timing rules at the front of this - the **3 months less 1 day** limit and how ACAS pauses the clock - see our [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) and our [ACAS Early Conciliation guide](/resources/acas-early-conciliation). ## What does self-representation actually involve? If you represent yourself you will need to: - **Draft and file your [ET1 claim form](/resources/how-to-write-et1-form)** - setting out the facts and legal basis of your case - **Respond to your employer's ET3 response** - understanding their defence - **Disclose and prepare a bundle of documents** - every relevant contract, email, letter, payslip and policy, paginated - **Write a witness statement** - your account in chronological order, referencing the bundle - **Present your case at the hearing** - including cross-examining your employer's witnesses - **Make submissions on the law** - explaining which statutes apply and why your claim should succeed ## What are the advantages of going alone? - **Cost.** Solicitors typically charge £200 to £500 or more per hour, and a full tribunal case can run into five figures in legal fees. Self-representation is free. - **No tribunal fees.** There are no court fees to bring or defend a [tribunal claim](https://www.gov.uk/employment-tribunals). - **Knowing your own case.** You lived the events. You know who said what and where the documents are. - **Tribunal support.** Judges will explain procedure and make reasonable adjustments, even if they will not argue the case for you. ## What are the risks? - **The employer probably has lawyers.** You may face an experienced employment barrister. - **Legal arguments can be complex.** Burden of proof, the section 98 test, case law on procedural fairness - these take work to learn properly. - **It is emotionally hard.** Re-telling a painful experience while being cross-examined is a heavy ask. - **Procedural mistakes hurt.** Missing deadlines, failing to disclose documents, or not following tribunal orders can damage even a strong case. - **Costs orders are rare but possible** (see below). ## How do you build the bundle? The **bundle** is the single, paginated set of documents the tribunal and both sides work from at the hearing. Getting it right is where many litigants in person quietly win or lose ground. - **Be complete and chronological.** Include the contract, payslips, policies, emails and messages, disciplinary and grievance correspondence, the dismissal or resignation letter, and anything else relevant. Put it in date order. - **Disclose the unhelpful too.** Disclosure means showing all relevant documents, not just the ones that help you. Hiding a damaging document is the kind of conduct that can attract a costs order. - **Paginate everything.** Number every page so everyone can be directed to "page 47" in seconds. The hearing runs on page references. - **Agree it with the other side where you can.** The bundle is usually meant to be a joint document. Co-operating on it looks reasonable and saves hearing time. Our [employment tribunal evidence guide](/resources/employment-tribunal-evidence) goes deeper on what to gather and how to organise it. ## How do you write a witness statement? This is your story, in your own words, in chronological order, **referencing documents in the bundle by page number**. Tribunals usually read witness statements **before** the hearing, so it does a lot of your talking for you. - **Stick to facts you can speak to.** What you saw, heard, said and did - not what you assume someone else was thinking. - **Reference the bundle.** "On 3 February I emailed my manager (bundle page 22)" is far stronger than an unsupported assertion. - **Leave out legal argument.** Save the law for your closing submissions. The statement is evidence, not advocacy. - **Be complete.** If something is not in your statement, you may not be allowed to spring it on the other side at the hearing. For the hearing day itself - the order of events, swearing in, cross-examination, and how the decision is given - see our [what happens at an employment tribunal hearing guide](/resources/what-happens-at-employment-tribunal-hearing) rather than improvising. ## Could you be ordered to pay the employer's costs? This is the fear that stops many people, so it is worth stating plainly: in the employment tribunal, **costs orders are rare**. Unlike the civil courts, the normal rule is that each side bears its own costs. A tribunal can order one party to pay the other's costs mainly where a party (or its representative) has acted **unreasonably**, vexatiously, or abusively in bringing or conducting the case, or where a claim had no reasonable prospect of success. In practice that means an ordinary claim, brought in good faith and conducted sensibly, does not expose you to the employer's legal bill just because you lose. Where claimants do get caught is conduct: ignoring tribunal orders, pursuing a hopeless claim after being warned, or behaving abusively. Run your case reasonably and the costs risk stays small. ## What free help is available? If you cannot afford a solicitor, there are still options: - [ACAS](https://www.acas.org.uk/) - free, impartial advice on employment rights and the tribunal process, and the body that runs Early Conciliation. - [Citizens Advice](https://www.citizensadvice.org.uk/work/) - free guidance on employment disputes, with some local offices able to help with paperwork. - [Legal aid](https://www.gov.uk/find-legal-advice/find-legal-adviser) - available only in limited circumstances, mainly some **discrimination** cases, and subject to a means test. - **Trade unions** - if you are a member, your union may provide free legal advice and representation. - **Law centres and pro bono clinics** - some offer free employment law advice, and university law clinics and the Free Representation Unit help in some areas. ## Is there a middle ground? It is not all-or-nothing. Between paying a solicitor for the whole case and doing everything alone, several options let you buy help where it matters most and save money elsewhere: - **Paid advice on specific issues** - pay a solicitor to review your [ET1](/resources/how-to-write-et1-form) or witness statement, or to give you an hour on strategy, without representing you throughout. - **Direct-access barristers** - instruct a barrister for the hearing only, or for a single advice, without going through a solicitor first. - **Unbundled support** - some firms offer "pay for what you need" packages covering only the steps you find hardest. - **AI-assisted case building with human review** - tools that help you draft documents and organise evidence in a structured way, with a human quality check before anything important is filed. The right mix depends on your budget, the complexity of your claim, and how confident you feel running the procedural parts yourself. ## Key takeaway You can absolutely take your employer to tribunal without a solicitor. The thing that decides cases is the quality of your preparation - a complete bundle, a clear witness statement, knowing the test your claim has to meet, and hitting every deadline - and that is true whether or not you are represented. Do not assume that being unrepresented means being outmatched. --- # How to Fill In Your ET1 Employment Tribunal Claim Form URL: https://aricase.ai/resources/how-to-write-et1-form Last updated: 2026-06-11 Quick answer: The ET1 form is the document you use to start an employment tribunal claim. You file it online via GOV.UK after ACAS Early Conciliation, using the certificate reference number. The most important section is the claim narrative - it should be chronological, factual, name the people involved, identify the law you say has been broken, and avoid emotional language. The ET1 is the form that starts an [employment tribunal](/resources/employment-tribunal) claim. It is your first chance to set out your case - and how it reads sets the tone for everything that follows. A well-organised, factual ET1 form signals to the tribunal that your case is serious and well-prepared; a vague or muddled one creates doubt before anyone has read a single document. ## What is the ET1 form? The ET1 (the "Claim Form") is the document filed with the employment tribunal to begin proceedings against your employer. It asks for details about you, your employer, the employment, the nature of the complaint and what you want as a remedy. You file it online via the [GOV.UK employment tribunal service](https://www.gov.uk/employment-tribunals/make-a-claim). You cannot file an ET1 without an **ACAS Early Conciliation certificate reference number** - see our [ACAS Early Conciliation guide](/resources/acas-early-conciliation) for that step. There are **no tribunal fees**: filing the ET1 is free. ## How do you name the respondent correctly? Section 2 asks for your employer's full **legal** name and address. This is the part inexperienced claimants get wrong most often, and getting it wrong can delay the case or, in rare situations, undermine it. The respondent must be the **legal entity** that employed you, not just the brand on the building or the website. Check the registered entity on [Companies House](https://find-and-update.company-information.service.gov.uk/), then cross-check it against the name and address on your contract and payslips. Trading names are not enough on their own. If your employer trades under a different name, list the legal entity first and the trading name in brackets - for example, "Acme Holdings Ltd (trading as Acme)". A few common pitfalls: - **Group companies.** Large employers often have several related companies. The one named on your payslip is usually the employer, but check the contract too. Naming the wrong company in the group is a frequent cause of delay. - **The business has changed hands.** If your employer was bought, merged, or went into administration, the correct legal entity may have changed. Use the most recent documents. - **Individual respondents.** In **discrimination** claims under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents), individuals - such as a manager or colleague who did the discriminating - can be **personally liable** as well as the employer. You can name them as additional respondents. You usually need a separate ACAS certificate for each respondent. ## How do you write the claim narrative? Section 5 is the most important part of the form. You describe **what happened** and **why it was unlawful**. The strongest narratives: - **Are chronological** - tell the story in order, with dates - **Are factual** - what was said, by whom, on what date; not how it made you feel - **Are specific** - name the individuals involved, reference documents, quote short extracts - **State the legal basis** - name the law: unfair dismissal under [Part X of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X), discrimination under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents), and so on - **Are concise** - aim for 2 to 4 pages in the form, with a separate document attached for complex cases Avoid emotional adjectives and rhetorical questions. Tribunals respond to facts. ### A short worked example Here is the difference in practice. Instead of "My manager made my life a misery and treated me appallingly for months until I couldn't take it any more", a tribunal-ready paragraph reads: > On 3 February 2026 I told my line manager, Jane Smith, that I was pregnant. From 10 February 2026 I was removed from the two client accounts I had managed for three years and given only administrative tasks. On 24 February 2026, in a one-to-one recorded in the meeting notes, Ms Smith said the change was "because of the baby". On 11 March 2026 I was selected for redundancy; I was the only person in my team selected. I say this treatment was discrimination because of pregnancy and maternity, contrary to the Equality Act 2010. Notice what it does: it is dated, it names the person, it quotes the load-bearing words, it points to a document (the meeting notes), and it names the legal basis in one sentence. No emotion, no argument - just the facts that, if proved, make out the claim. ## How do you state the remedy you are seeking? Section 6 asks what outcome you want. For most people this is **compensation**. You can also ask for **reinstatement** (getting your old job back) or **re-engagement** (a comparable job), but tribunals award these rarely. You do not need a precise calculation at this stage, but give a rough estimate of your financial losses so the tribunal understands the scale of the claim. A one-line **schedule of loss** preview helps: | Head of loss | Rough figure | |---|---| | Lost earnings to date (net) | weeks out of work x weekly net pay | | Future loss | until you expect comparable work | | Loss of statutory rights | a conventional figure, often a few hundred pounds | | Injury to feelings (discrimination only) | the relevant Vento band | You will refine this into a full schedule of loss later in the case. For how compensation is actually built up - the **week's pay cap of £751**, the **basic award**, and the unfair dismissal compensatory cap (currently **£123,543 or 52 weeks' gross pay if lower**, from April 2026) - see our [employment tribunal compensation guide](/resources/employment-tribunal-compensation) rather than trying to fit it all into the form. ## What are the common mistakes to avoid? - **Wrong respondent name** - using the trading name only, or naming the wrong group company, can delay or undermine the claim - **Vague claim details** - "I was treated unfairly" is not enough; the tribunal needs specific dates, conduct and people - **Missing the legal basis** - name the statute and the section if you can - **Emotional language** - focus on conduct and consequences, not adjectives - **Forgetting to sign and date** - obvious, but it happens - **Filing without your deadline in mind** - the ACAS step must be done in time, and the ET1 itself must follow within the post-certificate window ## What are the deadlines? The basic time limit for most employment tribunal claims is **3 months less 1 day** from the act complained of (for unfair dismissal, the effective date of termination). Before you file the ET1 you must notify **ACAS Early Conciliation**, which **pauses the clock**: it can run for up to 12 weeks, and after you get the certificate you have whatever time was left on your original deadline, or **one month from the certificate date, whichever is longer**. The deadline rule is changing. The Employment Rights Act 2025 is **expected** to extend the general time limit to **6 months**, likely around October 2026, but that is **not yet in force** and it should not be relied on - check the current status before assuming the longer period applies. Get the timing exactly right with our [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines), and work out your own date with the free [tribunal deadline calculator](/tools/tribunal-deadline-calculator). Missing the deadline almost always bars the claim. ## What happens after you submit? The tribunal sends a copy of your ET1 to the respondent, who has **28 days** to file an **ET3 Response Form** setting out their defence. After that: - **Initial consideration.** A judge reads the ET1 and ET3 on the papers to confirm the tribunal has jurisdiction and the claim has reasonable prospects. - **Case-management orders.** The tribunal sets a timetable - dates for disclosure of documents, exchange of witness statements, and preparing the hearing bundle. - **Preliminary hearings.** Some cases have a preliminary hearing to sort out procedural issues (for example, whether a claim was in time, or to clarify the issues) before the full hearing. For a walkthrough of the final hearing itself, see our [what happens at an employment tribunal hearing guide](/resources/what-happens-at-employment-tribunal-hearing). ### Can you amend a claim after filing? Sometimes. If you realise you have left out a claim or a key fact, you can apply to the tribunal to **amend** your ET1. The tribunal weighs up factors including how significant the change is, whether it is in time, and the balance of hardship to each side. Minor corrections are usually allowed; adding a substantial new claim out of time is harder. It is always better to get the ET1 right first time than to rely on amending later. ## Key takeaway The ET1 is the foundation of your whole case. Name the right legal entity, tell the story in dated, factual order, name the law, and file within your deadline. If you are going to run the case yourself from here, our [tribunal without a solicitor](/resources/tribunal-without-solicitor) guide walks through what to expect next. --- # Settlement Agreements: Should You Accept, Negotiate or Reject? URL: https://aricase.ai/resources/settlement-agreements-guide Last updated: 2026-05-10 Quick answer: A settlement agreement is a legally binding contract in which you waive your right to bring employment tribunal claims in exchange for a payment and usually other terms (reference, confidentiality, notice). For it to be valid you must receive independent legal advice from a qualified adviser. The first offer is rarely the best - most of the value is unlocked by negotiating reference wording, notice and the headline payment together. If your employer has offered you a settlement agreement, it helps to understand exactly what you are being asked to sign before you respond to it. ## What is a settlement agreement? A settlement agreement (formerly called a 'compromise agreement') is a legally binding contract between you and your employer. In return for a payment (and usually other terms), you give up the right to bring specified employment tribunal claims against the employer. The legal basis is [section 203 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/203). For the agreement to be enforceable, you must receive **independent legal advice** from a qualified adviser - usually a solicitor, but other categories of adviser also qualify. Your employer typically contributes towards the cost of this advice; that is normal practice, not a favour. ## When are settlement agreements offered? Employers typically offer settlements: - During or after a [redundancy process](https://www.gov.uk/redundancy-your-rights), to add to or replace the statutory minimum - After a performance management dispute that has not resolved - After a grievance or disciplinary process - When the employment relationship has broken down and both sides want a clean exit - To pre-empt or settle a tribunal claim (including [unfair dismissal](/resources/unfair-dismissal) or [constructive dismissal](/resources/constructive-dismissal-explained)) For more background, see the [ACAS guide to settlement agreements](https://www.acas.org.uk/settlement-agreements). ## What is usually inside the agreement? A typical settlement agreement includes: - **A termination payment** - often a combination of statutory notice pay, accrued holiday pay, and an additional ex-gratia 'compensation for loss of employment' element - **Tax treatment** - the first £30,000 of a genuine compensation payment is usually tax-free; notice pay, accrued holiday and bonuses are taxed as normal. See [HMRC on tax on termination payments](https://www.gov.uk/redundancy-your-rights/tax-and-national-insurance). - **An agreed reference** - a pre-approved factual reference your employer will provide - **A confidentiality clause** - you agree not to discuss the terms or the underlying dispute - **A waiver of claims** - you waive specified employment tribunal claims (often listed in long form) - **Restrictive covenants** - sometimes renewed or relaxed; non-compete and non-solicit terms can be material ## How to evaluate an offer Before accepting, work through: - **What are your claims worth?** A strong [unfair dismissal](/resources/unfair-dismissal) or discrimination claim could be worth significantly more than the headline number. The compensatory award for unfair dismissal is statutorily capped; discrimination is not. - **How strong is your case?** A weaker case makes the certainty of a settlement more attractive. The lawyer giving you independent advice should help you assess this realistically. - **What are you giving up?** Settlement waivers are usually broad - read the list carefully. You are typically giving up all known claims, not only the obvious one. - **Tax** - understand which parts of the payment are taxable. PILON (payment in lieu of notice) is always taxable; ex-gratia compensation up to £30,000 usually is not. - **The reference** - a good reference can be worth a lot when you are job-hunting. Negotiate the wording, not just the existence. ## Can I negotiate? What is usually movable? Yes - and you usually should. The most commonly negotiated items: - **The headline payment** - even if a 'final offer' is described as fixed, employers often have room - **Reference wording** - moving from a 'standard reference' to an agreed factual reference is usually low-cost for the employer - **Leaving date** - extending the termination date can preserve pension contributions, share vesting, or bonus eligibility - **Notice handling** - gardening leave versus PILON has tax consequences - **Restrictive covenants** - relaxing non-competes or shortening their length - **Legal fee contribution** - many employers will increase this if the agreement is complex ## What is taxable and what is not? Getting this wrong is expensive - many people accept a headline number without realising a large portion is taxable. - **Tax-free (up to £30,000):** genuine compensation for loss of employment - the ex-gratia element your employer pays on top of your contractual entitlements - **Taxable as normal earnings:** notice pay (whether worked or paid in lieu), accrued holiday pay, contractual bonuses, any payment that mirrors what you were contractually owed - **PILON:** payment in lieu of notice is always taxable since April 2018, regardless of how your employer labels it If your agreement mixes taxable and tax-free elements, the tax treatment should be spelled out clause by clause. If it is not, ask your solicitor to clarify before signing. The HMRC guidance on [tax on termination payments](https://www.gov.uk/redundancy-your-rights/tax-and-national-insurance) is the authoritative reference. ## What to negotiate first Not everything is equally worth fighting for. A rough priority order: 1. **The ex-gratia payment** - the only element where you have meaningful leverage if your claims are strong 2. **Reference wording** - negotiate the actual words, not just whether a reference will be given; a poor factual reference can cost more than the settlement is worth 3. **Leaving date** - extending by days or weeks can preserve pension contributions, share-vesting cliff dates, or a bonus that would otherwise be forfeited 4. **Restrictive covenants** - post-termination non-competes are only enforceable within certain limits; if yours look broad, ask for them to be narrowed or the period shortened 5. **Legal fee contribution** - employers routinely increase this when the agreement is complex; ask The headline payment gets all the attention, but terms 2-5 are often more movable and can have longer-lasting financial consequences. ## How long do you have to decide? There is no statutory minimum time to consider a settlement offer, but ACAS guidance recommends at least 10 calendar days. Employers may say the offer is open for less, but you can request an extension - put that request in writing. Signing under pressure, without proper time for independent advice, is itself a ground to argue the agreement is invalid. If you are told to sign by the end of the day, say clearly and in writing that you need time to take advice. Keep a copy of everything. ## Red flags before you sign Walk away from, or get further advice on, any agreement that: - Does not allow you to bring a claim under the Equality Act 2010 for discrimination (waivers must be specific - a blanket "all claims" clause may not be enforceable for future unknown claims) - Requires you to repay the settlement if you breach a confidentiality clause, without any cap on repayment - Contains a warranty that you have not already done something that you have in fact done (e.g. spoken to a colleague, retained a document) - Includes a "COT3" reference without an ACAS conciliation certificate - COT3 agreements have a different legal basis than section 203 settlements - Imposes non-compete restrictions that would genuinely prevent you from working in your industry for 12 months or more ## When to reject Consider rejecting if: - The offer is materially below what your claim is worth - You have strong evidence and are ready for tribunal - The terms are unreasonable - for example, overly broad restrictive covenants or no agreed reference - You feel pressured to sign quickly, without proper time for advice (raise this in writing and ask for an extension; that pressure itself is a negotiating point) ## Key takeaway A settlement can be a genuinely good outcome - certainty, a clean break, and money in hand without the stress of a tribunal hearing. But understand what your claim is worth before you accept the first offer. The lawyer giving you the section 203 advice exists to help with exactly this - use them. --- # Constructive Dismissal: What Actually Counts (and What Doesn't) URL: https://aricase.ai/resources/constructive-dismissal-explained Last updated: 2026-06-29 Quick answer: Constructive dismissal is when you resign because your employer's behaviour was a fundamental breach of your contract. To succeed at tribunal you have to show a serious breach, that you resigned in response, and that you did not wait too long to do so. Resignation timing is what trips most people up. Constructive dismissal is one of the most misunderstood areas of UK employment law, and one of the harder claims to get right. Many people assume that if an employer makes life difficult, they can simply resign and claim compensation. In practice it is narrower than that: tribunals reject many constructive dismissal claims, usually for one of two reasons - the behaviour, however unpleasant, did not amount to a **fundamental breach** of contract, or the employee stayed too long after the breach and was treated as having accepted it. Because resigning is a serious and usually irreversible step, it is worth understanding the test before you take it. > **Law status - last updated 29 June 2026:** Constructive dismissal still runs under the ordinary unfair dismissal rules, including the 2-year qualifying period. The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) is expected to cut that qualifying period to 6 months from 1 January 2027, subject to commencement regulations - it is not yet in force. ## What is constructive dismissal? Constructive dismissal happens when you resign because your employer's conduct amounts to a fundamental breach of your employment contract. The legal basis is [section 95(1)(c) of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/95): you are treated as dismissed if you resign, with or without notice, in circumstances where your employer's conduct entitled you to leave without notice. The leading case, Western Excavating (ECC) Ltd v Sharp, settled an important point: the test is contractual, not a general fairness test. It is not enough that your employer behaved unreasonably. The conduct must breach the contract in a way that goes to its root. Once you clear that bar, you are treated as if your employer had dismissed you - opening the door to an [unfair dismissal claim](/resources/unfair-dismissal) if you meet the usual criteria. ## What counts as a fundamental breach? A **fundamental breach** (lawyers call it a repudiatory breach) is one that strikes at the heart of the agreement. It can be a breach of an **express term** - something written in the contract - or an **implied term**, most importantly the implied term of **mutual trust and confidence**: neither party may, without reasonable and proper cause, behave in a way calculated or likely to destroy or seriously damage the working relationship. Tribunals have found these kinds of conduct can be enough: - **A serious unilateral pay cut** - reducing your pay or contractual hours without agreement is a breach of an express term, and usually a clear one - **Demotion without justification** - stripping out your core duties, status or reports without a contractual right or a fair process - **Sustained bullying or harassment** that the employer knew about and failed to address - **Failing to deal with a serious grievance** - ignoring or dismissively handling a genuine complaint can itself breach trust and confidence - **False or humiliating accusations**, public dressing-downs, or being deliberately undermined and isolated by management - **Serious health and safety failures** that put you at real risk What usually does not count: a lawful instruction you dislike, ordinary performance management, a disciplinary warning that was fairly given, a single heated exchange, or general workplace stress that is not caused by specific employer conduct. See the [ACAS guidance on constructive dismissal](https://www.acas.org.uk/dismissals/constructive-dismissal) for more examples. The gap between "my employer treated me badly" and "my employer fundamentally breached my contract" is exactly where most claims fail. ## What is the "last straw" doctrine? Many constructive dismissal situations are not one dramatic event but a slow accumulation: a removed responsibility here, an excluded meeting there, a grievance that goes nowhere. The **last straw doctrine** lets you rely on the whole series. The final incident - the last straw - does not need to be a fundamental breach by itself, or even particularly serious, but it must contribute something to the overall pattern. An entirely innocuous act cannot turn an old, accepted grievance into a fresh breach. Two practical consequences follow. First, last-straw claims live or die on documentation - a dated, contemporaneous record of each incident is far more persuasive than a general account of a bad year. Second, the doctrine can partially rescue a delay problem: if you affirmed earlier breaches by staying, a genuine new incident in the same pattern can revive the cumulative case. But that is a fallback, not a strategy. ## Can you wait too long to resign? Yes - and this is the trap that catches more people than any other part of the test. If you continue working for weeks or months after the breach without objecting, a tribunal may find that you **affirmed** the contract: you treated it as continuing, so you lost the right to treat the breach as ending it. There is no fixed time limit, but delay plus conduct consistent with carrying on - accepting a pay rise, taking on the new duties without protest, negotiating variations - is the most common reason otherwise viable claims fail. The practical nuance: affirmation is about what your behaviour communicates, not just the calendar. Steps that help show you did not accept the breach include: - **Working "under protest"** - stating clearly, in writing, that you object to the change and do not accept it - **Raising a formal grievance promptly** and pursuing it - **Keeping your objection alive** - repeating it if the situation drags on, rather than going quiet These buy you time to think and to let the grievance process run; they do not buy unlimited time. Being signed off sick does not automatically count as affirming, but long, silent delay remains risky. If you are months past the incident and have said nothing, the hard truth is that the claim has probably weakened substantially. ## Should you resign with or without notice? Section 95(1)(c) covers both. Resigning **without notice** is the cleaner legal signal - you are treating the contract as ended by your employer's breach - but it means your income stops immediately. Resigning **with notice** is permitted and keeps you paid through the notice period, and it does not by itself defeat the claim, though working on can give the employer an affirmation argument to run. Whichever you choose, the resignation letter matters enormously. It should state that you are resigning in response to the employer's conduct and identify the breaches - tribunals are sceptical of claimants whose letter said "exciting new opportunity" and whose claim form says "intolerable breach". Do not soften the letter out of politeness; it is the founding document of the claim. ## Why does raising a grievance first usually matter? A grievance is not a legal precondition - you can claim constructive dismissal without one. But in practice it usually matters, for four reasons: 1. It shows the tribunal you tried to resolve things before taking the drastic step of resigning 2. It creates a dated paper trail, and the employer's response (or silence) becomes evidence 3. It helps rebut affirmation - an open grievance signals you have not accepted the situation 4. Under [section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992](https://www.legislation.gov.uk/ukpga/1992/52/section/207A), an unreasonable failure to follow the [ACAS Code](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures) can reduce your compensation by up to 25% - and skipping the grievance entirely is the classic trigger For what to include and how to frame it, see the [grievance letter guide](/resources/how-to-write-a-grievance-letter). One caution: the grievance does not pause or extend your tribunal time limit, which runs from the date your employment ends. ## What evidence do you need? Constructive dismissal claims are evidence-heavy, and the burden of proving the breach sits with you. The strongest cases combine: - A clear, dated record of each incident - a contemporaneous diary or notes app log - Emails, messages and letters, especially the grievance, the employer's response, and anything showing the change being imposed - Your contract and any documents showing the term that was breached (pay, role, hours, policies) - A resignation letter that states why you are leaving and references the specific breaches - Witness accounts from colleagues who saw or heard what happened - Payslips, if the breach is financial - they prove the change and quantify it ## What can you claim if you win? Constructive dismissal is a route into unfair dismissal, not a separate pot of money. If the tribunal finds you were constructively and unfairly dismissed, the remedies are the unfair dismissal remedies: a **basic award** calculated from your age, service and capped weekly pay, plus a **compensatory award** for your financial losses - capped, as of 6 April 2026, at £123,543 or 52 weeks' gross pay, whichever is lower. The [employment tribunal compensation guide](/resources/employment-tribunal-compensation) covers how the awards are calculated and what can reduce them. The usual qualifying rules apply too: you generally need **2 years' continuous service**, unless the reason behind the breach falls into an automatically unfair category. The Employment Rights Act 2025 is expected to cut the qualifying period to 6 months from 1 January 2027, subject to commencement regulations - see the [day-one unfair dismissal rights guide](/resources/day-one-unfair-dismissal-rights) for the current status. And if the conduct behind your resignation was discriminatory, a claim under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) needs no qualifying period and carries no cap. If you resigned without notice, you may also be able to claim your notice pay. ## How long do you have to claim? The deadline is **3 months less 1 day** from the date your employment ends - the date the resignation takes effect, not the date of the breach - and you must start ACAS Early Conciliation before a tribunal will accept the claim. Conciliation is free and pauses the clock while it runs. The Employment Rights Act 2025 is expected to extend the limit to 6 months for most claims, targeted for October 2026, but that is not yet in force - work to the current deadline. Check your own dates with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator), and see the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) for how the timing works. In practice, missing the deadline almost always bars the claim. ## Should you resign now? Treat resignation as the last move, not the first. Once you resign you usually lose your income, and you take on the burden of proving a strict legal test that tribunals apply without sentiment. Before you do anything irreversible: test your situation against the three elements (fundamental breach, resignation in response, no affirmation), put your objection in writing, raise the grievance, and get the timing right. You can also call the [ACAS helpline](https://www.acas.org.uk/contact) for free, impartial guidance. A well-documented, well-timed resignation can found a strong claim - a hasty one can leave you with no job and no case. --- # Employment Tribunal Time Limits: 3 Months Less 1 Day, Explained URL: https://aricase.ai/resources/employment-tribunal-deadlines Last updated: 2026-06-29 Quick answer: For most claims the employment tribunal time limit is 3 months less 1 day from the event you are complaining about, and you must notify ACAS to start Early Conciliation within that window. Notifying ACAS pauses the clock while conciliation runs. After your certificate is issued you get the longer of the time left on the original deadline or 1 month from the certificate date. Missing the deadline almost always means losing the claim. Employment tribunal claims have some of the strictest deadlines in the civil justice system. For most claims the [employment tribunal](/resources/employment-tribunal) time limit is **3 months less 1 day** from the event you are complaining about - and in practice, missing it almost always bars the claim, no matter how strong the underlying facts. This guide explains the rule claim by claim, exactly when the clock starts, how ACAS pauses it, and the narrow discretions tribunals have to accept a late claim. If you want your own dates worked out rather than the rules in the abstract, our free [tribunal deadline calculator](/tools/tribunal-deadline-calculator) does the arithmetic for you: enter your trigger date and it shows your ACAS notification deadline and your post-certificate filing window. The clock keeps running while you are still trying to resolve the problem internally, which catches many people out. If you are at that earlier stage, our guide on [what to do before making a tribunal claim](/resources/what-to-do-before-an-employment-tribunal-claim) explains how the grievance, appeal and ACAS steps fit around the deadline. > **Law status - last updated 29 June 2026:** The current time limit is 3 months less 1 day for most claims. The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) is expected to extend it to 6 months (targeted October 2026, with breach of contract staying at 3 months), but that change is not yet in force and depends on commencement regulations - work to the 3-month rule until then. ## The general rule: 3 months less 1 day ![Timeline showing the 3-month-minus-one-day employment tribunal deadline and how ACAS Early Conciliation pauses the clock](/guides/guide-tribunal-deadline-timeline.png "How the tribunal time limit runs, and how ACAS Early Conciliation pauses the clock") For most employment tribunal claims, two things must happen in time: 1. You must notify ACAS to start **Early Conciliation** within **3 months less 1 day** of the trigger event. The duty to notify ACAS before bringing a claim is set out in [section 18A of the Employment Tribunals Act 1996](https://www.legislation.gov.uk/ukpga/1996/17/section/18A). 2. After ACAS issues your certificate, you must file your **ET1 claim form** within the post-certificate window explained below. "3 months less 1 day" is exact. If your last day of work was 15 January, your deadline to contact ACAS is **14 April** - not 15 April. For unfair dismissal the time limit comes from [section 111 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/111); for discrimination, from [section 123 of the Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/section/123). A small number of claims have different limits. The table below sets out the main ones. ## When does the clock start? The time limit is only half the question. The other half is the **trigger date** - the day the clock starts running. It varies by claim type (see the [GOV.UK guidance on time limits](https://www.gov.uk/employment-tribunals/when-you-can-claim)): | Claim type | Time limit | When the clock starts | |---|---|---| | Unfair dismissal | **3 months less 1 day** | The effective date of termination | | Discrimination | **3 months less 1 day** | The act complained of, or the last act in a continuing series | | Unlawful deduction from wages | **3 months less 1 day** | The date of the last deduction in a series | | Whistleblowing detriment | **3 months less 1 day** | The date of the detrimental act | | Breach of contract (in the tribunal) | **3 months less 1 day** | The date employment ends | | Statutory redundancy payment | **6 months** | The date employment ends | | Equal pay | **6 months** | The end of the employment | Three trigger dates cause most of the confusion in practice. **Unfair dismissal: the effective date of termination.** This is usually your last day of employment. If you worked your notice, it is the day the notice period expired. If you were dismissed without notice and paid in lieu, it is normally the day you were actually dismissed - not the day a paid-in-lieu period would have run to. If the date is ambiguous, take the earliest plausible date and calculate from that. **Discrimination: the act, or the last act in a continuing series.** Section 123 of the Equality Act 2010 treats "conduct extending over a period" as done at the end of that period. So if you faced a connected course of discriminatory treatment, the clock runs from the last act in the series. But whether conduct really was "continuing" is decided by the tribunal after the event, and isolated incidents months apart may not qualify. The safer approach is to calculate from the first incident you want to complain about, not the last. **Unpaid wages: the last deduction in a series.** For [unlawful deductions from wages](/resources/unpaid-wages-unlawful-deductions), the clock runs from the date of the last deduction in a series of linked deductions - which matters where the underpayment happened month after month. ## How does ACAS pause the clock? You cannot file an ET1 without an ACAS Early Conciliation certificate. The good news is that notifying ACAS **pauses** the deadline clock. Two dates matter: - **Day A** - the day you notify ACAS to start Early Conciliation - **Day B** - the day ACAS issues your certificate The time between Day A and Day B does not count towards your deadline. Conciliation can run for up to **12 weeks** (for notifications made on or after 1 December 2025), extendable by a further **14 days** if both sides agree. After Day B you get whichever is longer: - the time you had left on the original deadline when you notified ACAS, **or** - **1 month from the certificate date**. ### A worked example Say you were dismissed on **10 March**. 1. **The original deadline.** 3 months less 1 day from 10 March is **9 June**. You must notify ACAS by that date. 2. **You notify ACAS on 20 April** (Day A). At that point you have **50 days** left on the clock - 20 April to 9 June. 3. **ACAS issues your certificate on 15 May** (Day B). The 25 days of conciliation did not count against you. 4. **The clock restarts with your 50 days intact.** 50 days from 15 May takes you to **4 July**. 5. **The 1-month-minimum check.** One month from the certificate would be 15 June. You get whichever is longer - so **4 July** is your ET1 filing deadline. The one-month minimum exists to protect people who notify ACAS very close to the deadline: even if you had only 2 days left on the clock at Day A, you still get a full month from the certificate to file. The statutory counting rules have technical edge cases, so treat any manual calculation as provisional - the [tribunal deadline calculator](/tools/tribunal-deadline-calculator) applies the rules for you, and the tribunal's own decision on the dates is final. For what actually happens during conciliation - what to tell ACAS, how settlement discussions work, what the certificate looks like - see the [ACAS Early Conciliation guide](/resources/acas-early-conciliation). ## What if you miss the deadline? Treat the deadline as hard. In practice, missing it almost always bars the claim. Tribunals do have a discretion to accept late claims, but the tests are strict and the starting point is always that the limit applies. **"Not reasonably practicable" - unfair dismissal and most other claims.** Under section 111 of the Employment Rights Act 1996, the tribunal can accept a late unfair dismissal claim only if it was **not reasonably practicable** to bring it in time, and it was then brought within a reasonable further period. This is a strict test. "I did not know about the time limit", "I was waiting for my internal appeal", or "I was hoping to settle" almost never succeed. Serious incapacitating illness, or being actively misled about a fact essential to the claim, occasionally can. **"Just and equitable" - discrimination claims.** Under section 123 of the Equality Act 2010, the tribunal can extend time where it considers it **just and equitable** to do so. This is broader than the unfair dismissal test and gives the tribunal a genuine discretion - but extensions remain the exception, not the rule, and a tribunal is entitled to refuse one even where the delay was short and the claim looked strong. Either way, the practical rule is the same: do not plan around the discretion. If the deadline has not yet passed, contacting ACAS today is worth more than any extension argument you could make later. ## Is the time limit changing to 6 months? Probably - but not yet. The [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) extends the standard employment tribunal time limit from 3 months to **6 months** for most claims. The change is currently targeted for **October 2026**, but it is **not yet in force** and depends on commencement regulations. Two cautions: - Until commencement, the **3 months less 1 day** rule applies. Check the current position before relying on the longer limit. - Breach of contract claims in the tribunal are expected to stay at **3 months** even after the change. See the [Employment Rights Act 2025 guide](/resources/employment-rights-act-2025) for the wider package of reforms and their expected timing. ## Protecting your deadline - **Contact ACAS as soon as you think you might have a claim.** It is free, it is confidential, and notifying pauses the clock - you do not need to have decided anything first. - **Do not wait for a grievance or internal appeal to finish.** Internal processes do not stop the tribunal clock. - **Keep dated records** of the key events: your last working day, the dismissal letter, each discriminatory act, the dates payments were due. - **Calculate carefully, then check.** Work out your trigger date, apply 3 months less 1 day, and run the dates through the [deadline calculator](/tools/tribunal-deadline-calculator) rather than trusting mental arithmetic. The single most common way people lose the right to bring a tribunal claim is the calendar, not the merits. If the clock is ticking, your priority is ACAS - everything else (drafting the [ET1](/resources/how-to-write-et1-form), gathering evidence, working out [what your claim is worth](/resources/employment-tribunal-compensation)) can come after. --- # ACAS Early Conciliation: How It Works, Step by Step URL: https://aricase.ai/resources/acas-early-conciliation Last updated: 2026-05-16 Quick answer: ACAS Early Conciliation is the free, mandatory first step before you can file an employment tribunal claim. You notify ACAS, a conciliator contacts your employer, and there is up to about 12 weeks to try to settle. If no agreement is reached, ACAS issues a certificate with a reference number you need for your ET1 claim form. The clock on your tribunal deadline pauses while conciliation runs. ## What is ACAS Early Conciliation? ![Flowchart of the ACAS Early Conciliation process from notifying ACAS to negotiation, settlement or certificate, then filing a tribunal claim](/guides/guide-acas-early-conciliation-process.png "The ACAS Early Conciliation process, step by step") Before you can take a claim to an [employment tribunal](/resources/employment-tribunal), you are legally required to go through **ACAS Early Conciliation** - a free, confidential service designed to see if your dispute can be resolved without a formal hearing. [ACAS](https://www.acas.org.uk/) (the Advisory, Conciliation and Arbitration Service) is an independent body. Early Conciliation is mandatory under [section 18A of the Employment Tribunals Act 1996](https://www.legislation.gov.uk/ukpga/1996/17/section/18A) and the certificate it produces is what unlocks your right to file an [ET1 claim form](/resources/how-to-write-et1-form). Early Conciliation usually comes after you have tried to resolve the problem internally. For the full sequence of steps before a claim - from raising it informally through to this stage - see our guide on [what to do before making a tribunal claim](/resources/what-to-do-before-an-employment-tribunal-claim). ## Step 1: Notify ACAS Start by filling in the notification form on the [ACAS website](https://www.acas.org.uk/notify/start) or calling 0300 123 1122. It is a short online wizard with five steps: 1. **Choose whether to take part** in early conciliation, or get a certificate straight away to go to tribunal. Both options use the same form. 2. **Your details** - full name, phone number, address. 3. **Representative's details** (optional) - only if a trade union rep, solicitor, friend or family member is acting for you. If you fill this in, ACAS will contact them instead of you. 4. **Who the claim is against** - the full legal name of your employer (use the proper form, for example "ABC Limited" rather than "ABC"). Getting this exactly right matters because a later mismatch between the certificate and your [ET1 claim form](/resources/how-to-write-et1-form) can lead to the tribunal rejecting it. 5. **Reasons for the dispute** - a short, plain description of what happened. ACAS asks you to "tell us as much information as you can" so the conciliator can have a useful first conversation. Cover the main issue (for example, unfair dismissal, discrimination, unpaid wages), key dates (when the problem started, when you were dismissed, when you raised a grievance), and who was involved. Leave the legal argument and remedy figures for the ET1 itself. 6. **Check and submit** - review your answers and send. **Important:** the moment you notify ACAS, the clock on your [tribunal deadline](/resources/employment-tribunal-deadlines) pauses. Do not delay - contacting ACAS early gives you the maximum runway. ## Step 2: ACAS contacts your employer A conciliator reaches out to your employer to explain the process. The conciliator is **neutral** - they do not take sides, and they do not give legal advice. They check whether both parties want to try to resolve the dispute. Your employer is not obliged to engage. Many do, because defending a tribunal claim is expensive and time-consuming even when the employer wins. ## Step 3: Negotiation If both sides are willing, the conciliator helps you explore what an agreement might look like. Typical outcomes include: - A financial settlement - An agreed reference - An apology or acknowledgement - Specific changes to the employer's practices Any binding agreement reached through ACAS is recorded on a **COT3 form**. Once signed, the COT3 is legally enforceable and you usually waive the right to bring tribunal claims about the matters covered. Make sure you understand the full scope before signing. See [ACAS guidance on how conciliation works](https://www.acas.org.uk/how-conciliation-works). ## Step 4: The certificate If conciliation does not result in a settlement, ACAS issues an **Early Conciliation certificate** with a unique reference number. You need that reference number to file your [ET1 claim form](https://www.gov.uk/employment-tribunals/make-a-claim). The process can run for up to about **12 weeks** for cases notified on or after 1 December 2025 (the older 6-week period applies to earlier notifications). It can be extended by 14 days if both sides agree. After that, the certificate is issued regardless. ## How Early Conciliation affects your tribunal deadline Once you have the certificate, you have either: - The remaining time left on your original 3-months-less-1-day deadline, **or** - **One month from the certificate date** - whichever is longer See our [tribunal deadlines guide](/resources/employment-tribunal-deadlines) for worked examples and the rules on the trigger date. ## Key things to know - **It is free** - there is no charge for the service. - **It is confidential** - discussions during conciliation cannot be used as evidence at tribunal. - **It pauses the clock** - time spent in conciliation does not count toward your 3-month window. - **You can still go to tribunal** - if no agreement is reached, you keep your right to file. - **You do not need a solicitor** - many people go through Early Conciliation without legal representation. See our [self-representation guide](/resources/tribunal-without-solicitor) if you are weighing it up. ## What happens after Early Conciliation? If you settle, the COT3 is the end of the dispute (for the matters it covers). If you do not, the next step is your [ET1 claim form](/resources/how-to-write-et1-form). The certificate reference number is the link between the two. --- # Unfair Dismissal in the UK: Do You Have a Claim? URL: https://aricase.ai/resources/unfair-dismissal Last updated: 2026-06-29 Quick answer: Unfair dismissal is when an employer ends your job without a fair reason, without a fair process, or both. Most employees need 2 years' continuous service to claim ordinary unfair dismissal, but a long list of 'automatically unfair' reasons (pregnancy, whistleblowing, asserting a statutory right and others) have no qualifying period. Claims start with ACAS Early Conciliation within 3 months less 1 day of the dismissal. Not every dismissal is fair in law, even one that felt devastating. An unfair dismissal claim is one of the most commonly brought claims in the employment tribunal in England and Wales, and the law behind it is more demanding of employers than many people realise. Fairness is judged on two separate fronts: the reason for the dismissal and the process used to carry it out. An employer with a perfectly good reason can still lose at tribunal because the procedure was botched - and a dismissal that felt outrageous may turn out to be lawful. This guide explains how the test actually works. > **Law status - last updated 29 June 2026:** Two [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) changes affect unfair dismissal but are not yet in force - the qualifying period falling from 2 years to 6 months (targeted 1 January 2027) and the removal of the compensatory-award cap for ordinary unfair dismissal (targeted 1 January 2027), both subject to commencement regulations. The tribunal time limit is also expected to extend to 6 months (targeted October 2026). Until each is commenced, the current rules in this guide apply. ## What is unfair dismissal? Unfair dismissal happens when your employer ends your employment without a fair reason, without following a fair procedure, or both. The right is statutory - it comes from [Part X of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X), not from your contract - and it is enforced in the [employment tribunal](/resources/employment-tribunal). It is worth separating unfair dismissal from its close relative. **Wrongful dismissal** is a contract claim about notice - being dismissed without the notice your contract requires. Unfair dismissal is about whether the reason and the process were fair. The two can overlap, but they have different tests and different remedies - see the [wrongful dismissal guide](/resources/wrongful-dismissal) for how they compare. ## What are the five fair reasons for dismissal? Under [section 98 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/98), it is for your employer to show that the dismissal was for one of five **potentially fair reasons**: | Reason | What it looks like in practice | |---|---| | **Capability or qualifications** | You cannot do the job to the required standard - persistent underperformance despite warnings and support, or long-term ill health that genuinely prevents you doing the role | | **Conduct** | Breaking workplace rules - anything from repeated lateness handled through escalating warnings to gross misconduct such as theft, violence or serious dishonesty | | **Redundancy** | The role is genuinely no longer needed - the business closes, relocates, or needs fewer people doing that kind of work | | **Statutory restriction** | Continuing to employ you would break the law - the classic example is a delivery driver who loses their driving licence | | **Some other substantial reason (SOSR)** | A genuine catch-all - commonly a business reorganisation, a breakdown in working relationships, or pressure from an important client - which tribunals scrutinise rather than rubber-stamp | The word "potentially" is doing real work in that sentence. Showing one of these reasons only gets the employer through the first gate. The tribunal then asks whether dismissing you for that reason was reasonable in the circumstances, and whether the process used was fair. ## What makes a dismissal procedurally unfair? Even with a fair reason, a dismissal can be unfair because of how it was carried out. The benchmark is the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures). For a disciplinary dismissal, a fair process typically means: 1. **A genuine investigation** before any decision is contemplated 2. **Setting out the case against you in writing**, with enough detail and evidence for you to respond 3. **A hearing before any decision is made**, with the right to be accompanied by a colleague or trade union representative 4. **A decision communicated in writing**, with reasons 5. **A right of appeal**, ideally to someone more senior who was not involved in the original decision The appeal matters more than most people think. An employer that refuses one hands the claimant a procedural-unfairness argument; an employee who skips it can see compensation reduced. The Code is not legally binding in itself, but tribunals must take it into account, and an unreasonable failure to follow it can move compensation up or down by up to 25% (more on that below). Failures tribunals have typically treated as serious: deciding the outcome before the hearing, refusing to share the evidence, and using the same manager as investigator, decision-maker and appeal officer. ## How do tribunals judge conduct dismissals? For misconduct dismissals, tribunals apply the **Burchell test**, named after the case of British Home Stores Ltd v Burchell. The employer must show three things: - a **genuine belief** that you committed the misconduct - **reasonable grounds** for that belief - a **reasonable investigation** to support it Note what is missing: the tribunal does not need to be satisfied that you actually did it. An employer who honestly and reasonably believed the allegation, after a proper investigation, can fairly dismiss someone who was in fact innocent. That feels harsh, and it is - which is why investigation failures are often the strongest line of attack in conduct cases. Alongside Burchell sits the **band of reasonable responses** standard. The tribunal does not ask "would we have dismissed this person?" It asks whether dismissal fell within the range of responses a reasonable employer could adopt. Two reasonable employers can reach different conclusions on the same facts - one issuing a final warning, the other dismissing - and both can be fair. This makes conduct cases harder to win than many claimants expect, and it shifts the weight of the argument onto investigation gaps and procedural failures rather than the merits of the decision itself. ## Who can claim unfair dismissal? You generally need three things: - **Employee status.** Ordinary unfair dismissal protection covers **employees** - not the self-employed, and not "limb (b)" workers such as many gig-economy roles. Status is judged on the reality of the working relationship, not the label on the paperwork - see [GOV.UK guidance on employment status](https://www.gov.uk/employment-status). - **2 years' continuous service** with the same employer, as the law currently stands. The Employment Rights Act 2025 is expected to reduce this to 6 months for dismissals from 1 January 2027, subject to commencement regulations - it is not a day-one right, and it is not yet in force. See the [day-one unfair dismissal rights guide](/resources/day-one-unfair-dismissal-rights) for what is changing and when. - **A dismissal.** That includes being sacked, a fixed-term contract not being renewed, and resigning in response to a fundamental breach by your employer - [constructive dismissal](/resources/constructive-dismissal-explained), which has its own demanding test. ## What counts as automatically unfair dismissal? Some dismissals are **automatically unfair**, with **no qualifying period** - even a brand-new employee can claim. The [automatic unfair dismissal guide](/resources/automatic-unfair-dismissal) covers the full list and how these claims work; the most common reasons are dismissals because of: - Pregnancy, maternity, paternity or parental leave (with parallel protection under the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents)) - Whistleblowing - making a [protected disclosure](https://www.gov.uk/whistleblowing) - Asserting a statutory right, such as requesting the national minimum wage - Trade union membership or activity - Raising health and safety concerns - Exercising the right to request flexible working Where the reason is automatically unfair, the employer's procedural care is largely beside the point - the reason itself condemns the dismissal. If your dismissal might be discriminatory, the Equality Act 2010 gives separate protection with no qualifying period and uncapped compensation - see the [workplace discrimination guide](/resources/workplace-discrimination). ## What can a tribunal award? A tribunal that finds unfair dismissal can order **reinstatement** (your old job back) or **re-engagement** (a comparable job with the same employer). In practice these orders are made in only a tiny fraction of successful cases - by hearing day the relationship has usually broken down, and tribunals will not force one back together. The realistic remedy is compensation, which comes in two parts. ### The basic award The **basic award** is calculated like statutory redundancy pay under [section 119 of the Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/section/119). It is age-banded, per complete year of service: - **1.5 weeks' pay** for each year in which you were aged 41 or over - **1 week's pay** for each year aged 22 to 40 - **0.5 week's pay** for each year under 22 Service is capped at 20 years, and a week's pay is capped at **£751** as of 6 April 2026 ([SI 2026/310](https://www.legislation.gov.uk/uksi/2026/310)), giving a maximum basic award of **£22,530**. **Worked example.** A 45-year-old dismissed after 8 complete years' service, earning £900 gross a week. Counting back from the dismissal, 4 of those years fall at age 41 or over (4 x 1.5 = 6 weeks) and 4 fall in the 22-40 band (4 x 1 = 4 weeks) - 10 weeks in total. Their week's pay is capped at £751, so the basic award is 10 x £751 = **£7,510**. ### The compensatory award The **compensatory award** covers what the dismissal actually cost you: - **Lost earnings** from dismissal to the hearing, less anything earned elsewhere - **Future loss** while you find equivalent work - **Lost pension contributions** - often the largest overlooked head of loss - **Lost benefits** such as a car allowance or private health cover - **Loss of statutory rights** - a modest conventional sum reflecting that you must re-earn protection in your next job For ordinary unfair dismissal the compensatory award is capped at **£123,543 or 52 weeks' gross pay, whichever is lower**, as of 6 April 2026. The cap is expected to be removed for ordinary unfair dismissal from 1 January 2027 under the Employment Rights Act 2025, subject to commencement regulations. Whistleblowing and health-and-safety dismissals are already uncapped. For the full breakdown of how awards are calculated, adjusted and taxed, see the [employment tribunal compensation guide](/resources/employment-tribunal-compensation). To get an indicative range for your own situation, try the [employment tribunal compensation estimator](/tools/claim-value-calculator). ## What can reduce - or increase - the award? Three adjustments come up constantly: - **Polkey deductions.** If a fair procedure would probably have led to the same dismissal anyway, the tribunal can reduce the compensatory award by that percentage chance - up to 100%. A purely procedural win can therefore produce a very small award. - **Contributory fault.** If your own conduct contributed to the dismissal, both the basic and compensatory awards can be reduced, sometimes substantially. - **ACAS Code adjustment.** Under [section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992](https://www.legislation.gov.uk/ukpga/1992/52/section/207A), an unreasonable failure to follow the ACAS Code can increase the award by up to 25% where the failure is the employer's, or reduce it by up to 25% where it is the employee's - one more reason not to skip the internal appeal. ## How long do you have to claim? The deadline is **3 months less 1 day** from the effective date of termination - usually your last day of employment - and you must start [ACAS Early Conciliation](/resources/acas-early-conciliation) before a tribunal will accept your claim. Conciliation is free and pauses the deadline clock while it runs (up to 12 weeks for notifications made on or after 1 December 2025). The Employment Rights Act 2025 is expected to extend the basic limit to 6 months for most claims, targeted for October 2026, but that change is not yet in force - work to the current deadline until commencement is confirmed. You can work out your own dates with the [tribunal deadline calculator](/tools/tribunal-deadline-calculator), and the [employment tribunal deadlines guide](/resources/employment-tribunal-deadlines) covers trigger dates and the ACAS pause in detail. In practice, missing the deadline almost always bars the claim. There is no fee to bring an employment tribunal claim. ## What should you do now? If you have been dismissed, or dismissal looks imminent, the practical order is: 1. **Calculate your deadline first.** Everything else can flex; the time limit cannot. 2. **Use the internal appeal.** It costs nothing, preserves your compensation position, and occasionally reverses the decision. 3. **Contact [ACAS](https://www.acas.org.uk/early-conciliation)** to start Early Conciliation before the deadline. 4. **Gather the paper trail** - your contract, payslips, the dismissal letter, disciplinary correspondence, and any emails or messages about the decision. 5. **Prepare the claim properly.** Read the guide to [writing your ET1 claim form](/resources/how-to-write-et1-form) before you draft it. A dismissal that felt outrageous is not automatically unfair in law, and a dismissal that felt routine may have been deeply flawed. The fastest way to find out which you have is to test the reason and the process against the rules above - while the deadline clock is still on your side.