Why is gathering documents important for my Employment Tribunal claim?

Employment Tribunals rely heavily on written records, so claims often succeed or fail based on the paper trail. You should start collecting documents as soon as you think a claim may arise, ideally before leaving your employment. While employers must disclose relevant documents, it is safer to preserve everything you legitimately hold to support your case.

What employment records should I collect for my claim?

You should gather your written employment contract or written statement of particulars, all payslips, P60s, and pay records. These are essential for calculating losses and unpaid wage claims. You should also collect any written changes to terms, job descriptions, performance targets, and documents relating to bonus schemes, commission structures, or benefits.

What correspondence and policies should I include in my evidence?

You need to collect all relevant emails with your employer, manager, or HR, as well as written warnings, performance improvement plans, and disciplinary outcome letters. Include any grievance letters you submitted and their responses. Company policies on discipline, grievances, and equality are also important because they show the standard your employer is expected to meet.

What evidence is needed for a discrimination claim?

For discrimination claims under the Equality Act 2010, you need evidence showing how comparable employees were treated differently. You should also keep contemporaneous notes of incidents, including dates, times, and what was said, as these carry more weight than retrospective recollections. If health or disability is relevant, include medical records, fit notes, and any occupational health reports.

What documents are required regarding the dismissal process?

You must have an ACAS Early Conciliation certificate number before you can file an ET1 form. You should also collect your dismissal or redundancy confirmation letter, minutes or notes from any disciplinary, redundancy, or appeal hearings, and records of any settlement offers that were made or rejected.

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evidence

Employment Law

Updated 2026-04-09

Evidence Checklist for an Employment Tribunal Claim

Documents and records to gather before bringing an Employment Tribunal claim for unfair dismissal, discrimination, or unpaid wages.

Overview

Employment Tribunals are document-heavy. Most claims succeed or fail on the paper record — what was said in writing, what policies existed, and whether the employer followed them. Start collecting documents as soon as you think a claim may arise, before you leave employment if possible. Your employer must disclose documents relevant to your claim, but it is safer to preserve everything you legitimately hold.

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Employment Records

Written employment contract or written statement of particulars (ERA 1996, s.1)(Essential)

All payslips, P60s, and pay records(Essential)

Essential for calculating losses and unpaid wage claims

Any written changes to terms and conditions(Essential)

Job description and any performance targets or objectives

Any bonus schemes, commission structures, or benefit documents

Correspondence and Policies

All relevant emails between you and your employer, manager, or HR(Essential)

Download or forward to a personal email before leaving employment if permitted

Written warnings, performance improvement plans, or disciplinary outcome letters(Essential)

Grievance letters you submitted and any responses(Essential)

Company disciplinary, grievance, and equality policies(Essential)

These show the standard your employer is expected to meet

Any references provided or refused

Comparator and Discrimination Evidence

Evidence of how comparable employees were treated differently (comparator evidence)

Critical for discrimination claims under the Equality Act 2010

Contemporaneous notes of incidents, with dates, times, and what was said(Essential)

Notes made at the time carry much more weight than retrospective recollections

Medical records or fit notes if health or disability is relevant

Any occupational health reports

Dismissal and Process Documents

Dismissal letter or letter confirming redundancy(Essential)

Minutes or notes of any disciplinary, redundancy, or appeal hearings(Essential)

ACAS Early Conciliation certificate number(Essential)

You cannot file an ET1 without this

Any settlement offers made or rejected

Related Guides

Related Rights

Official Resources

ACAS Early Conciliation →Employment Tribunals — Submit a Claim (ET1) →

Frequently asked questions

Why is gathering documents important for my Employment Tribunal claim?: Employment Tribunals rely heavily on written records, so claims often succeed or fail based on the paper trail. You should start collecting documents as soon as you think a claim may arise, ideally before leaving your employment. While employers must disclose relevant documents, it is safer to preserve everything you legitimately hold to support your case.
What employment records should I collect for my claim?: You should gather your written employment contract or written statement of particulars, all payslips, P60s, and pay records. These are essential for calculating losses and unpaid wage claims. You should also collect any written changes to terms, job descriptions, performance targets, and documents relating to bonus schemes, commission structures, or benefits.
What correspondence and policies should I include in my evidence?: You need to collect all relevant emails with your employer, manager, or HR, as well as written warnings, performance improvement plans, and disciplinary outcome letters. Include any grievance letters you submitted and their responses. Company policies on discipline, grievances, and equality are also important because they show the standard your employer is expected to meet.
What evidence is needed for a discrimination claim?: For discrimination claims under the Equality Act 2010, you need evidence showing how comparable employees were treated differently. You should also keep contemporaneous notes of incidents, including dates, times, and what was said, as these carry more weight than retrospective recollections. If health or disability is relevant, include medical records, fit notes, and any occupational health reports.
What documents are required regarding the dismissal process?: You must have an ACAS Early Conciliation certificate number before you can file an ET1 form. You should also collect your dismissal or redundancy confirmation letter, minutes or notes from any disciplinary, redundancy, or appeal hearings, and records of any settlement offers that were made or rejected.