How to File a Discrimination Claim in an Employment Tribunal

A discrimination claim in the employment tribunal allows a worker to challenge unfair treatment at work based on protected characteristics such as sex, race, disability, age, religion or belief, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy, or maternity.

These claims are governed primarily by the Equality Act 2010 and are heard by the employment tribunal, which has jurisdiction to determine liability and award compensation where unlawful discrimination has occurred.

Filing a discrimination claim involves strict procedural steps, including internal resolution attempts, mandatory Acas early conciliation, preparation of a formal claim, and adherence to strict time limits.

What Counts as Workplace Discrimination

Under the Equality Act 2010, discrimination occurs when an employee or worker is treated unfavourably because of a protected characteristic.

Types of discrimination

Direct discrimination

This occurs where someone is treated less favourably because of a protected characteristic, for example:

• Refusing promotion due to age
• Dismissing someone because of pregnancy
• Paying different rates based on race or gender

Indirect discrimination

This arises where a workplace rule applies to everyone but disadvantages a particular group, such as:

• Unjustified height or fitness requirements
• Policies affecting part-time workers disproportionately

Harassment

Unwanted conduct related to a protected characteristic that creates a hostile or offensive environment.

Victimisation

Unfavourable treatment because someone has complained about discrimination or supported someone else's complaint.

Who Can Bring a Discrimination Claim

Discrimination protection applies to:

• Employees
• Workers and agency staff
• Job applicants
• Certain self-employed individuals in specific contexts

Unlike unfair dismissal claims, there is no minimum length of service required.

This means a claim can be brought from the first day of employment or even during recruitment.

Step 1: Identifying the Discriminatory Act

Before filing a claim, it is important to clearly identify:

• What happened
• When it happened
• Who was involved
• Which protected characteristic is relevant
• How the treatment was less favourable or unfair

Evidence may include emails, messages, witness accounts, policies, and HR records.

A discrimination claim often depends heavily on establishing a clear causal link between treatment and the protected characteristic.

Step 2: Internal Resolution (Optional but Important)

Most employers have internal procedures such as:

• Grievance policies
• Equality and diversity procedures
• HR complaint processes

While not legally required before filing a claim, raising concerns internally can:

• Create a written record
• Allow the employer to respond
• Strengthen the factual background of a tribunal claim

However, internal processes do not extend tribunal time limits.

Step 3: Acas Early Conciliation

Before filing a discrimination claim, the claimant must notify the Acas and begin early conciliation.

Purpose of early conciliation

• Encourages settlement without tribunal proceedings
• Allows structured negotiation between parties
• Is mandatory before submitting an ET1 claim

Process overview

1. Notification to Acas
2. Assignment of conciliator
3. Optional discussions between parties
4. Attempted settlement (often via COT3 agreement)
5. Issuance of certificate if no settlement is reached

Time limits are paused during this process.

Step 4: Submitting the Tribunal Claim (ET1 Form)

A discrimination claim is formally started by submitting an ET1 claim form to the employment tribunal.

Key information required

• Details of claimant and respondent
• Employment or work history
• Description of discriminatory acts
• Relevant protected characteristic
• Dates of incidents
• Compensation sought (if applicable)
• Acas early conciliation certificate number

The claim should set out a clear factual narrative linking treatment to discrimination.

Step 5: Time Limits for Discrimination Claims

Strict time limits apply:

• Claims must generally be brought within 3 months minus 1 day of the discriminatory act
• For ongoing discrimination, time may run from the last act in a continuing series
• Time limits are paused during Acas early conciliation

Tribunals can extend time in limited circumstances where it is “just and equitable” to do so, but this is not guaranteed.

Step 6: Employer Response (ET3)

After receiving the claim, the employer must submit an ET3 response.

The employer may:

• Deny discrimination occurred
• Argue legitimate non-discriminatory reasons
• Challenge time limits or jurisdiction
• Provide evidence of fair treatment or policies followed

If no response is submitted, the tribunal may proceed based on the claimant's evidence.

Step 7: Tribunal Case Management

The tribunal will manage the case through structured stages:

• Preliminary hearings (if required)
• Disclosure of documents
• Exchange of witness statements
• Case management orders
• Final hearing listing

Both parties must provide relevant evidence, including emails, policies, HR notes, and witness accounts.

Step 8: The Final Hearing

At the final hearing:

• Evidence is presented by both sides
• Witnesses may be cross-examined
• Legal arguments are made
• The tribunal panel evaluates credibility and facts

The tribunal applies the Equality Act 2010 legal tests to determine whether discrimination occurred.

In some cases, the burden of proof may shift if the claimant establishes facts suggesting discrimination, requiring the employer to provide a non-discriminatory explanation.

Remedies in Discrimination Claims

If a claim succeeds, the tribunal may award:

Compensation (unlimited in many cases)

Includes:

• Financial loss (past and future earnings)
• Injury to feelings
• Pension loss
• Interest

Recommendations

The tribunal may recommend workplace changes to prevent future discrimination.

Declarations

Formal findings that discrimination occurred.

Compensation is uncapped, making discrimination claims potentially high-value litigation.

Common Issues in Discrimination Claims

Proving causation

One of the main challenges is showing that treatment was because of a protected characteristic.

Lack of direct evidence

Discrimination is often proven through inference from patterns of behaviour or documentation.

Time limit disputes

Claims involving multiple incidents often require careful legal analysis of limitation periods.

Employer justification

Employers may argue that decisions were based on performance, conduct, or business needs.

Practical Considerations

• Keep detailed written records of incidents
• Preserve emails, messages, and HR communications
• Identify witnesses early
• Act quickly due to strict limitation periods
• Ensure clarity on which protected characteristic applies

Common Questions from our Readers

Do I need evidence of explicit discrimination?

No. Discrimination can be inferred from circumstances, not only direct statements.

Can I bring a claim while still employed?

Yes. Employment does not prevent filing a discrimination claim.

Do discrimination claims cost money to bring?

There is no tribunal fee, but legal costs may arise if representation is used.

What if discrimination is ongoing?

Time limits may run from the last incident in a continuing course of conduct.

Final Thoughts

Filing a discrimination claim in an employment tribunal involves identifying unlawful treatment under the Equality Act 2010, completing mandatory Acas early conciliation, submitting an ET1 claim form, and preparing evidence for a structured tribunal process. Claims must be brought within strict time limits, and outcomes depend heavily on evidence and the ability to demonstrate a link between treatment and a protected characteristic.

Discrimination claims are legally complex but provide significant remedies, including uncapped compensation and formal findings of unlawful conduct where successful.