Discrimination claim journey (Employment Tribunal)
Equality Act 2010 discrimination claim from grievance through ACAS EC, ET1, hearing, and remedy.
Who Uses This Journey
Employees and workers who have suffered direct or indirect discrimination, harassment, or victimisation on a protected characteristic.
Stage-by-Stage Timeline
Identify the protected characteristic and the discriminatory act
Map the conduct to s.13 (direct), s.19 (indirect), s.26 (harassment), or s.27 (victimisation).
- Diary of incidents
- Witnesses
- Statistics for indirect discrimination
- Comparator evidence
Grievance
Internal grievance per the ACAS Code. Failure to follow can affect compensation uplift.
ACAS Early Conciliation
Mandatory; pauses limitation clock.
Burden of proof
Claimant proves facts from which discrimination could be inferred; employer must then disprove.
Remedy
Compensation (uncapped, includes injury to feelings — Vento bands), recommendations, declaration.
- Compensation including injury to feelings (Vento bands £1,200–£58,700)
- Recommendation
- Declaration
Official Sources
Frequently asked questions
- How long does a discrimination claim usually take to resolve?
- The total process typically takes between 12 and 24 months. This timeline covers the entire journey from raising an internal grievance, through mandatory ACAS Early Conciliation, filing the ET1 claim form, attending the hearing, and receiving the final remedy. The duration can vary depending on the complexity of the case and the court's schedule.
- What is the deadline for filing a discrimination claim?
- You must file your claim within three months less one day from the date of the last act of discrimination. However, the mandatory ACAS Early Conciliation process pauses this limitation clock. This means the time limit effectively stops while you are engaging with ACAS, giving you additional time to resolve the matter before formally lodging the ET1 form with the Employment Tribunal.
- Do I have to contact ACAS before going to the Employment Tribunal?
- Before you can file an ET1 claim form, you must go through ACAS Early Conciliation. This is a mandatory step designed to help parties resolve the dispute without a hearing. If you skip this stage, your claim may be rejected. The process also pauses the statutory time limit for bringing the claim, ensuring you do not lose your right to sue while attempting to settle the issue informally.
- Who has to prove that discrimination actually happened?
- The claimant must prove the facts from which discrimination could be inferred. Once this initial burden is met, the legal burden shifts to the employer, who must then disprove the allegation. This specific allocation of the burden of proof is a key feature of Equality Act 2010 claims, distinguishing them from many other types of employment disputes.
- What remedies can I get if I win my discrimination claim?
- If successful, the Tribunal can award uncapped compensation, which includes an element for injury to feelings assessed using Vento bands ranging from £1,200 to £58,700. In addition to financial awards, the Tribunal may issue a formal declaration confirming the discrimination occurred or make specific recommendations for the employer to address the issue. Filing the ET1 claim form itself is free of charge.