This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to the most common reasons for employment tribunal claims in England and Wales, including unfair dismissal, discrimination, pay disputes, unauthorised deductions and other statutory employment rights breaches.
Employment tribunals provide a statutory forum in England and Wales for resolving disputes about workplace rights and employer conduct. Understanding the common reasons claimants bring cases helps workers and employers alike recognise legal risks, rights and obligations in the employment relationship. This article explains the typical types of claims, why they arise, relevant legal principles and practical context drawn from official data and legal resources.
Introduction
An employment tribunal claim is normally brought when a worker or employee believes their employer has breached statutory employment rights or contractual obligations. Tribunals apply employment law - including the Employment Rights Act 1996, Equality Act 2010, national minimum wage and working time regulations - to decide disputes and, where appropriate, award remedies such as compensation or reinstatement.
1. Unfair Dismissal
One of the most frequently brought claims is unfair dismissal. An employee may believe they were dismissed without a fair reason or without a fair procedure being followed. Fair reasons include conduct, capability, redundancy, statutory restriction and some other substantial reasons. Procedural fairness requires employers to follow a fair disciplinary and dismissal process. Tribunals assess whether the employer acted reasonably in all the circumstances. Unfair dismissal consistently makes up a significant proportion of all tribunal claims.
Constructive Unfair Dismissal
A variation is constructive dismissal, where an employee resigns because the employer's conduct fundamentally breaches the employment contract. Examples can include significant unilateral changes to terms and conditions or serious breaches of mutual trust.
2. Breach of Contract and Contractual Rights
Claims for breach of contract often arise when an employer fails to honour contractual obligations. This can include failure to:
- pay wages or notice pay,
- provide contractual benefits,
- comply with terms of employment.
Breaches arising at or after employment termination are frequently combined with other claims, such as unfair dismissal or unauthorised deductions from wages.
3. Discrimination Claims
Discrimination claims arise under the Equality Act 2010 when someone alleges they have been treated less favourably because of a protected characteristic, such as:
- age
- disability
- sex
- race
- religion or belief
- sexual orientation
- pregnancy and maternity
- gender reassignment
- marriage and civil partnership
Discrimination claims can cover direct and indirect discrimination, harassment and victimisation. Data shows that disability discrimination is one of the most common discrimination claims, reflecting increased awareness of mental health and impairment issues in the workplace.
4. Unauthorised Deductions from Wages
A common statutory claim arises under the Employment Rights Act 1996 where an employer takes money from an employee's pay without legal justification or the employee's written consent. Employers sometimes make deductions to cover losses or disciplinary penalties, which can lead to claims if they are not permitted by statute or contract.
5. Pay Related Claims
Tribunals hear a variety of claims relating to statutory pay entitlements, including:
- National Minimum Wage failures, where an employer pays less than the legal minimum wage.
- Holiday pay disputes, especially where holiday calculations are incorrect (for example, not reflecting regular overtime).
- Redundancy payments, where employees believe statutory redundancy entitlement is not correctly calculated or paid.
- Failure to consult on redundancy where proper consultation or information duties are not met.
Recent rule changes affecting how holiday pay is calculated have contributed to a sharp rise in related claims.
6. Working Time and Rest Breaks
Tribunals also hear claims under the Working Time Regulations, such as:
- entitlement to statutory rest breaks and daily/weekly rest periods,
- entitlement to paid annual leave,
- breaches of maximum working time limits.
Disputes often arise where employers have misinterpreted or failed to implement working time rules in contracts or practice.
7. Whistleblowing and Detriment Claims
Claims may arise when a worker suffers a detriment or dismissal due to making a protected disclosure about wrongdoing at work. Protected disclosures include concerns about criminal offences, health and safety breaches, environmental harm, and similar issues. A detriment or dismissal linked to whistleblowing can give rise to compensation claims.
8. Other Statutory Rights
Other common statutory claims include:
- Failure to provide written terms of employment where required, including statements of main terms and conditions.
- Parental rights claims, including failures to provide or pay statutory maternity, paternity or adoption leave and pay.
- Agency worker rights, where agency workers claim equal treatment in basic working conditions.
- Trade union rights and detriment claims for exercising statutory representation or collective rights.
Why These Issues Arise
Employment tribunal claims often stem from misunderstandings of legal rights, poor internal procedures, inconsistent policy application or lack of compliant HR practices. For example:
- employers might inadvertently breach pay and working time rules by failing to update contracts after legislative changes,
- dismissals may proceed without appropriate investigation or warnings,
- discrimination claims can arise from unconscious bias or inadequate adjustments for disabilities.
Early grievance handling, effective policies and robust employment law compliance can reduce the risk of disputes escalating to tribunal claims.
Time Limits and Procedural Steps
Most tribunal claims must be commenced within three months less one day from the date of the event complained of, such as dismissal or pay deduction. Before submitting a tribunal claim, the claimant must normally notify Acas and undertake early conciliation to explore settlement, which can extend the time available by pausing the statutory limit. Failure to meet procedural requirements can result in a claim being rejected.
Practical Considerations
- Many claims are settled before reaching a full hearing through Acas early conciliation or informal settlement agreements.
- Combining multiple causes of action in one tribunal claim (e.g. unfair dismissal and discrimination) is common and can reflect the range of alleged wrongs.
- Employers should ensure compliance with contractual and statutory obligations to minimise legal exposure.
- Workers and employers may benefit from legal or specialist HR advice to assess strengths and risks of claims.
Key Takeaways
Employment tribunals in England and Wales deal with a wide spectrum of workplace disputes. The most common reasons for claims include unfair dismissal, breach of contract, discrimination, unauthorised deductions from wages, pay and redundancy disputes, working time breaches, and statutory rights failures such as parental leave or written terms. Procedural compliance, early dispute resolution and consistent employment practices can reduce the likelihood of tribunal claims. Understanding the typical triggers for claims assists both employees and employers in navigating workplace rights and risks.
