Employment Tribunal Claimant Definition Explained

In UK employment tribunal proceedings, the claimant is the individual who brings a legal claim against an employer or another party. The claimant is the person alleging that their employment rights have been breached under legislation such as the Employment Rights Act 1996 or the Equality Act 2010.

Employment tribunal claims cover a wide range of workplace disputes, including unfair dismissal, discrimination, unpaid wages, redundancy disputes, and breach of contract. Understanding the role of the claimant is essential for navigating how tribunal proceedings operate in England and Wales.

What Is a Claimant in an Employment Tribunal?

A claimant is the party who initiates an employment tribunal claim. They are the person who believes they have suffered unlawful treatment in connection with employment.

In most cases, the claimant is:

• an employee
• a former employee
• a job applicant
• a worker in a non-standard employment arrangement (such as agency work or gig work, depending on status)

The claimant sets out their complaint in a formal tribunal claim form (ET1) and asks the tribunal to make a legal determination.

Legal Position of the Claimant

The claimant's position in tribunal proceedings is governed by:

• Employment Tribunals Rules of Procedure 2013
• Employment Rights Act 1996
• Equality Act 2010 (for discrimination claims)
• relevant case law interpreting employment status and rights

The claimant is responsible for:

• setting out the factual basis of the claim
• identifying legal grounds (e.g., unfair dismissal or discrimination)
• providing evidence supporting the claim
• complying with tribunal deadlines and directions

The tribunal process is adversarial, meaning the claimant and respondent each present their case.

Who Can Be a Claimant?

1. Employees

Most claimants are employees bringing claims such as:

• unfair dismissal
• wrongful dismissal
• redundancy disputes
• discrimination at work

Employees benefit from a wide range of statutory protections.

2. Workers

Some workers (who may not be full employees) can bring claims, particularly for:

• discrimination under the Equality Act 2010
• unlawful deductions from wages
• working time and holiday pay issues

Worker status is broader than employee status but still provides significant rights.

3. Job Applicants

A job applicant can bring a claim if they believe they have been unlawfully discriminated against during recruitment. Examples include:

• refusal to hire due to a protected characteristic
• discriminatory selection criteria
• biased interview processes

4. Former Employees

Claims can be brought after employment ends, including:

• unfair dismissal
• post-employment discrimination
• unpaid wages or notice pay

Time limits still apply even after employment has ended.

The Role of the Claimant in Tribunal Proceedings

The claimant plays a central role throughout the case lifecycle.

1. Submitting the ET1 Claim Form

The process begins with the ET1 form, which includes:

• details of the claimant and respondent
• summary of the complaint
• legal basis of the claim
• compensation or remedy sought

This document sets the foundation of the case.

2. ACAS Early Conciliation

Before submitting an ET1, most claimants must complete ACAS Early Conciliation. This process:

• aims to resolve disputes without litigation
• pauses tribunal time limits
• may result in a settlement (COT3 agreement)

If no settlement is reached, the claimant receives a certificate allowing the claim to proceed.

3. Evidence Gathering

Claimants must provide evidence such as:

• employment contracts
• emails and written communication
• witness statements
• payslips and HR records
• medical or occupational health evidence (where relevant)

Tribunals rely heavily on documentary evidence.

4. Case Management and Hearings

The claimant participates in:

• preliminary hearings (if required)
• disclosure of documents
• exchange of witness statements
• final tribunal hearing

At the hearing, the claimant presents their case and may be cross-examined.

Common Types of Claim Brought by Claimants

Claimants commonly bring claims involving:

Unfair dismissal

Alleging dismissal without fair reason or fair process.

Discrimination claims

Based on protected characteristics such as:

• disability
• sex
• race
• pregnancy and maternity

Unlawful deduction of wages

Including unpaid salary, bonuses, or holiday pay.

Constructive dismissal

Where the claimant resigns due to serious employer breach.

Time Limits for Claimants

Most employment tribunal claims must be brought within:

• 3 months less one day from the date of the incident

Key points:

• ACAS Early Conciliation pauses time limits
• continuing conduct may extend limitation arguments
• late claims are only accepted in limited circumstances

Strict adherence to time limits is a major procedural requirement.

Remedies Available to Claimants

If successful, a claimant may be awarded:

• compensation for financial loss (lost earnings, benefits)
• injury to feelings (in discrimination cases)
• interest on awards
• reinstatement or re-engagement (rarely ordered)

Discrimination claims are not capped, which can significantly increase potential awards.

Claimant Burden of Proof

The claimant generally carries the initial burden of proving their case.

In discrimination claims:

• the claimant must establish facts suggesting discrimination
• the burden may then shift to the respondent to explain conduct

In unfair dismissal cases:

• the employer must show a fair reason and fair process once dismissal is established

Common Misunderstandings About Claimants

“Claimants automatically win if they were treated unfairly”

Tribunals require evidence and legal tests, not general unfairness alone.

“Only employees can be claimants”

Workers and applicants can also bring claims in certain circumstances.

“Submitting a claim guarantees compensation”

Claims must be proven on legal and evidential grounds.

Key Takeaways

An employment tribunal claimant is the individual who brings a legal claim alleging breach of employment rights. Claimants may be employees, workers, job applicants, or former employees, depending on the type of claim.

The claimant is responsible for submitting the ET1 claim form, participating in ACAS Early Conciliation, and presenting evidence throughout tribunal proceedings. Claims commonly involve unfair dismissal, discrimination, and wage disputes.

Understanding the claimant's role is essential for navigating employment tribunal processes and assessing how workplace disputes are formally resolved in England and Wales.