Employment tribunals types of claims: An employee’s right to sue

Here we offer a few tips about choosing which claims to make and present a list of those claims for you to review.

What claims can you make at an employment tribunal?

Before you embark upon any process of negotiation, or on an employment tribunal claims process, it is important to know what claims you may have.

There are dozens of claims that an employee can make against an employer in an employment tribunal, some of which are not common, but may nevertheless apply to you.

 

How do you select which claims to make to a tribunal?

Your selection of which claims you want to make to a tribunal against your employer must be determined first and foremost by whether or not you have sufficient and credible evidence to support those claims.

Your evidence can take various forms, the most common being written material, digital (e.g. SMS or WhatsApp), or human witnesses. (See articles on gathering evidence, witness evidence, and witness statements for more.)

Below is a list of claims that the employment tribunal has jurisdiction to hear. Any one of these claims, or a combination of two or more, can also be used as a point of negotiation to achieve a settlement agreement.

Familiarise yourself with these claims and then make your initial selection based on the strength of the evidence you have.  You can select more than one claim although all must be equally verifiable.

List of employment tribunal claims

Below is a list of claims that can be made in an employment tribunal in England and Wales. Each claim type listed includes the originating legislation that led to the adoption of each type of claim by the tribunal system. The list is presented in alphabetical order by claim type.

There are two particularly important things to note about the list:

i] The list is not exhaustive but is intended to give you a good idea of the number and variety of claim types. The types of claims are also subject to change and the latest additions and revisions may not be listed here. Some claims may also overlap or fall under multiple categories.

ii] There may be additional regulations, case law etc. not mentioned here. The originating legislation given after each claim type listed are just the key pieces of legislation that gave rise to each type of claim.

The list should help you with your initial thinking about which claims may be applicable to your particular case. However, we strongly advise you to consult employment law experts for professional advice before making final decisions about what you will claim at an employment tribunal.

1] Agency Workers: Claims concerning equal treatment and access to benefits for agency workers. Originating legislation: Agency Workers Regulations 2010

2] Breach of Contract: Claims concerning breaches of employment contracts that are not directly related to dismissal, such as changes to terms and conditions of employment. Originating legislation: Common Law and Employment Rights Act 1996

3] Compensation for Breach of Employment Rights: Claims for compensation due to various breaches of employment rights. Originating legislation: Employment Rights Act 19964]

4] Discrimination: Claims based on various forms of discrimination, including age, race, sex, gender reassignment, sexual orientation, religion or belief, and disability. Originating legislation: Equality Act 2010

5]  Dismissal – Constructive Dismissal: Claiming that the employee was forced to resign due to the employer’s breach of contract. Originating legislation: Employment Rights Act 1996

6] Dismissal – Unfair Dismissal: Allegations that the dismissal was unjustified or procedurally unfair. Originating legislation: Employment Rights Act 1996

7] Dismissal – Wrongful Dismissal: Claims related to breaches of the employment contract in the process of dismissal, such as notice period and pay. Originating legislation: Employment Rights Act 1996

8] Employee Consultation: Claims related to improper consultation during major workplace changes, such as redundancies or business transfers. Originating legislation: Trade Union and Labour Relations (Consolidation) Act 1992, Transfer of Undertakings (Protection of Employment) Regulations 2006

9] Equal Pay: Claims of unequal pay for work of equal value between employees of different genders. Originating legislation: Equality Act 2010

10] Flexible Working: Claims related to requests for flexible working arrangements. Originating legislation: Employment Rights Act 1996, Flexible Working Regulations 2014

11] Harassment: Allegations of workplace harassment, including sexual harassment, bullying, and other forms of mistreatment. Originating legislation: Equality Act 2010

12] Health and Safety: Allegations that the employee was treated unfairly for raising health and safety concerns. Originating legislation: Health and Safety at Work etc. Act 1974

13] Maternity, Paternity, and Adoption Rights: Claims concerning rights related to maternity, paternity, and adoption leave and pay. Originating legislation: Employment Rights Act 1996, Maternity and Parental Leave etc. Regulations 1999

14] National Minimum Wage: Allegations of not receiving the appropriate national minimum wage. Originating legislation: National Minimum Wage Act 1998

15] Parental Leave: Claims related to parental leave and time off for family-related responsibilities. Originating legislation: Employment Rights Act 1996, Parental Leave Regulations 2013

16] Part-Time and Fixed-Term Employees: Claims regarding equal treatment and access to benefits for part-time and fixed-term employees. Originating legislation: Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

17] Pay Discrimination: Claims related to unequal pay due to gender or other protected characteristics. Originating legislation: Equality Act 2010

18] Pensions: Claims involving pension-related matters, such as employer contributions and access to pension schemes. Originating legislation: Pensions Act 2008

19] Protected Disclosure: Claims involving retaliation against employees who have made protected disclosures (whistleblowing). Originating legislation: Public Interest Disclosure Act 1998 (part of Employment Rights Act 1996)

20] Redundancy: Claims related to unfair selection for redundancy or improper consultation during the redundancy process. Originating legislation: Employment Rights Act 1996

21] Time Off and Leave: Claims related to issues like annual leave entitlement, maternity/paternity/adoption leave, and flexible working requests. Originating legislation: Employment Rights Act 1996, Maternity and Parental Leave etc. Regulations 1999, Flexible Working Regulations 2014

22] Trade Union Activities: Claims of unfair treatment due to involvement in trade union activities or collective bargaining. Originating legislation: Trade Union and Labour Relations (Consolidation) Act 1992

23] TUPE (Transfer of Undertakings): Claims arising from the transfer of a business or a part of a business to another employer. Originating legislation: Transfer of Undertakings (Protection of Employment) Regulations 2006

24] Unlawful Deductions: Claims regarding unauthorized deductions from wages. Originating legislation: Employment Rights Act 1996

25] Victimisation: Allegations of being treated unfairly due to involvement in a previous employment tribunal case. Originating legislation: Equality Act 2010

26] Whistleblowing: Allegations that the employee suffered detriment or dismissal for disclosing certain types of wrongdoing, usually in the public interest. Originating legislation: Public Interest Disclosure Act 1998 (part of Employment Rights Act 1996)

27] Working Time Regulations: Claims regarding breaches of regulations concerning working hours, rest breaks, and holidays. Originating legislation: Working Time Regulations 1998.

Time limits for bringing tribunal claims

Nearly all of the above claims have a three-months (less one day) ‘limitation’ period (the exception is a claim for a redundancy payment).

This means that unless you start the claims process within three months less one day of the date of the incident which you complain about, you will not be able to bring a claim.

If you cannot bring a claim, then you cannot use that claim as a point in a negotiation with your employer.

It is therefore vital that you protect your rights by starting the Acas pre-claim process outlined here and submitting a claim to an employment tribunal, even if negotiations are still underway.

Next steps

We have various other guides about the steps involved in making an employment tribunal claim. Check them out in our Helpful Guides below.

If you are not sure where to start with your claim and want to talk to someone about which claims you should make and whether the evidence you have is adequate, why not consult Monaco Solicitors?

We are an established employment law firm, only dealing with employment law cases and only representing employees (not employers).

We are experts in negotiating settlement agreements and also in representing employees like you who have to take their claims to an employment tribunal because their employer won’t negotiate.

Get in touch to find out more:

• By this website link
• By phone on  020 7717 5259
• By email: communications@monacosolicitors.co.uk