How to File an Employment Tribunal Discrimination Claim

An employment tribunal discrimination claim allows an employee or worker to challenge unlawful treatment at work based on a protected characteristic. These claims are heard by an independent judicial body and are governed primarily by the Equality Act 2010.

Discrimination claims can arise in many workplace situations, including recruitment, pay, promotion, dismissal, harassment, and victimisation. The process is procedural and time-sensitive, requiring strict compliance with pre-claim steps and deadlines.

What Counts as Workplace Discrimination

Under the Equality Act 2010, unlawful discrimination occurs when a person is treated unfavourably because of a protected characteristic.

Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Common types of discrimination claims include:

• Direct discrimination (less favourable treatment because of a protected characteristic)
• Indirect discrimination (a policy that disadvantages a protected group)
• Harassment (unwanted conduct related to a protected characteristic)
• Victimisation (detriment for asserting legal rights)

The Employment Tribunal System

Employment disputes are heard by the Employment Tribunal, an independent judicial body that determines employment law claims, including discrimination.

The tribunal:

• Reviews evidence from both parties
• Applies statutory law, primarily the Equality Act 2010
• Determines liability and remedies

Possible remedies include:

• Compensation for financial loss and injury to feelings
• Recommendations for workplace changes (in some cases)
• Interest on awards

Step 1: Check the Time Limit

Most discrimination claims must be brought within:

• 3 months minus 1 day from the date of the discriminatory act
• Or, in continuing discrimination cases, from the last act in a series of events

Strict limitation rules apply, and missing the deadline usually prevents the claim from proceeding.

Time limits are paused during the early conciliation process, but only if it is started in time.

Step 2: Raise the Issue Internally (Optional but Common)

Before making a tribunal claim, individuals often:

• Raise an informal complaint with the employer
• Submit a formal grievance
• Use internal appeal or investigation procedures

These steps are not legally required for tribunal claims, but they may help clarify issues and create a written record.

Importantly, internal procedures do not extend tribunal time limits.

Step 3: Mandatory ACAS Early Conciliation

Before submitting a tribunal claim, most claimants must notify the Advisory, Conciliation and Arbitration Service (ACAS) and engage in Early Conciliation.

This process is mandatory in most cases.

Key features:

• ACAS acts as an independent mediator
• It is free of charge
• It aims to resolve disputes without tribunal proceedings

The process:

1. Claimant submits an Early Conciliation notification
2. ACAS contacts both parties
3. A conciliator explores settlement options
4. If no settlement is reached, ACAS issues an Early Conciliation certificate

Early conciliation can last up to 12 weeks.

The certificate contains a reference number required to submit a tribunal claim.

Step 4: Preparing the Employment Tribunal Claim (ET1 Form)

The main tribunal claim is submitted using an ET1 form.

The ET1 requires:

• Claimant and respondent details
• Employment details
• Summary of facts
• Legal basis of the claim (e.g. discrimination under the Equality Act 2010)
• ACAS Early Conciliation certificate number

The claim should set out:

• What happened
• When it happened
• Who was involved
• Why it is unlawful under discrimination law

Multiple claims can be included, such as discrimination combined with unfair dismissal or harassment.

Step 5: Submitting the Claim

A discrimination claim is submitted to the Employment Tribunal online or by post.

There is no fee to issue a claim.

Once submitted:

• The tribunal serves the claim on the respondent
• The respondent files a written response (ET3 form)
• Case management directions are issued

Step 6: Tribunal Case Management and Evidence

After initial submissions, the tribunal manages the case through:

• Preliminary hearings (if required)
• Disclosure of documents
• Witness statements
• Bundles of evidence
• Final hearing

Discrimination cases often rely heavily on:

• Emails, messages, and HR records
• Witness testimony
• Employment policies and procedures

The burden of proof may shift during proceedings, requiring the employer to explain decisions once a prima facie case is established.

Step 7: The Final Hearing

At the hearing:

• Both parties present evidence
• Witnesses may be questioned
• A judge (and sometimes lay members) decides the outcome

The tribunal determines:

• Whether discrimination occurred
• Whether compensation is payable
• Any additional remedies

Remedies in Discrimination Claims

If a claim succeeds, the tribunal may award:

• Compensation for financial losses (e.g. lost earnings)
• Injury to feelings awards (based on severity)
• Interest on compensation
• Adjustments to employment records in some cases

There is no statutory cap on discrimination compensation.

Common Issues and Risks

Strict deadlines

Missing limitation deadlines is one of the most common reasons claims fail procedurally.

Employer defences

Employers may argue:

• Legitimate non-discriminatory reasons for treatment
• Lack of evidence
• Procedural errors in the claim

Costs risk

Although tribunals are generally low-cost for claimants, costs can be awarded in limited circumstances where conduct is unreasonable.

Key Takeaways

Filing an employment tribunal discrimination claim involves a structured legal process requiring strict time compliance and completion of ACAS Early Conciliation before submitting an ET1 claim form. The tribunal applies the Equality Act 2010 to assess whether unlawful discrimination, harassment, or victimisation occurred. Successful claims can result in compensation and other remedies, but cases depend heavily on evidence, procedural accuracy, and adherence to deadlines.