Filing a Discrimination Claim at the Employment Tribunal
How to bring a claim under the Equality Act 2010 for workplace discrimination, harassment, or victimisation.
Overview
If you have been discriminated against at work because of a protected characteristic (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, or sexual orientation), you can bring a claim at the Employment Tribunal under the Equality Act 2010. Claims can also be brought for harassment and victimisation. There is no qualifying period of employment — you can bring a discrimination claim from day one.
Who Can Use This Process
- You are (or were) an employee, worker, job applicant, or in certain other work relationships
- You have experienced direct or indirect discrimination, harassment, or victimisation related to a protected characteristic
- The discriminatory act occurred within the last 3 months (minus 1 day), plus the ACAS early conciliation period
- No minimum period of employment is required for discrimination claims
Step-by-Step Process
Gather evidence
Collect all relevant evidence: emails, messages, notes of incidents, witness details, any written grievance and response, medical evidence if your health has been affected, and records of any complaints you have made. Keep a chronological diary of events.
- Make subject access requests to your employer for personnel file, emails, and CCTV
- Contemporaneous notes (written at the time) are particularly valuable evidence
- If you are still employed, be careful about taking copies of confidential documents — take legal advice first
Consider raising a grievance
While not legally required before bringing a tribunal claim, raising a formal grievance gives your employer the chance to resolve the matter and demonstrates you tried to resolve things internally. Follow your employer's grievance procedure.
- A failure to follow the ACAS Code of Practice on grievances could result in a 25% reduction in any compensation
- Keep a copy of your grievance and your employer's response
Contact ACAS for early conciliation
Before you can issue a tribunal claim, you MUST contact ACAS for early conciliation (EC). ACAS will contact your employer to try to negotiate a settlement. This is free and confidential. EC lasts up to 6 weeks. If no settlement, ACAS issues an EC certificate with a reference number you need for your claim.
- Contact ACAS online at acas.org.uk or call 0300 123 1100
- The time limit clock pauses during ACAS early conciliation
- You can still settle at any stage — even after issuing a claim
Submit your ET1 claim form
Complete form ET1 and submit it to the Employment Tribunal. You can do this online. Include the ACAS EC certificate number. Set out clearly: the type of discrimination, the protected characteristic, what happened, when it happened, and what remedy you seek. The time limit is 3 months minus 1 day from the discriminatory act (extended by the EC period).
- The online submission system is at employmenttribunals.service.gov.uk
- There is no fee to bring an employment tribunal claim
- If you are outside the time limit, the tribunal has discretion to extend it if it is 'just and equitable' to do so
Prepare for the hearing
After your claim is accepted, there will be a preliminary hearing to identify the issues and set a timetable. You will need to prepare a witness statement, agree a bundle of documents with the respondent, and may need to disclose documents. The tribunal will list the case for a final hearing.
- Consider instructing a solicitor — many discrimination solicitors work on a no-win-no-fee basis
- Discrimination claims are heard by a panel of three: an Employment Judge and two lay members
- Compensation for discrimination is uncapped (unlike unfair dismissal)
Costs
Important Warnings
The 3-month time limit is strict. Contact ACAS as soon as possible — do not wait until the last minute.
Discrimination cases are fact-intensive and can be emotionally demanding. Consider getting legal advice early.
Your employer may try to settle — take legal advice before accepting any offer, especially if it includes a settlement agreement waiving your right to claim.
Useful Links
Frequently asked questions
- How long does the filing a discrimination claim at the employment tribunal process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Ongoing"; "2-4 weeks for employer to respond"; "Up to 6 weeks"; "Must be filed within time limit". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Employment tribunal claim — Free (no fee); ACAS early conciliation — Free; Legal representation — Varies — some solicitors offer no-win-no-fee or legal aid may be available. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: The 3-month time limit is strict. Contact ACAS as soon as possible — do not wait until the last minute.; Discrimination cases are fact-intensive and can be emotionally demanding. Consider getting legal advice early.; Your employer may try to settle — take legal advice before accepting any offer, especially if it includes a settlement agreement waiving your right to claim.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: ACAS — Early conciliation; Employment tribunal claims; Equality Advisory Support Service. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.
Part of our Employment Disputes hub
Pre-claim grievance through ACAS Early Conciliation, ET1, and Employment Tribunal hearing under the post-ERA 2025 regime.