Where do I make a claim?

It is sometimes difficult to know where to pursue a claim. The rule of thumb is to check first to see whether the problem is covered by the list of issues dealt with by Employment Tribunals (see here for more information).

You can make a claim at an Employment Tribunal under several 'heads'. For example if your boss reduces your wages without your consent, and then sacks you without notice when you complain on the grounds that you are black and he or she doesn't like black people, you can claim wrongful dismissal, race discrimination and unauthorised deduction from wages.

Some issues are not so easy to define. Common examples are stress and bullying at work. Sometimes these issues are directly related to another issue, which can be taken to a tribunal. Stress may be due to long hours, and working time issues can be taken to a tribunal. Bullying may include a sex discrimination aspect and this too can be taken to a tribunal.

But often it will not be so simple. You can however sometimes rely on the implied duty in your contract of employment for your employer to provide a healthy and safe working environment.

For example if you are constantly being picked on by an aggressive line manager for no obvious reason, and your formal grievance against the line manager has been ignored or not been dealt with to your satisfaction, then you can bring an action in either the County or High Court, depending on the level of compensation you wish to claim.

Such cases are often complex and you are advised to seek help. A trade union will have expertise in assessing your problem and looking for redress in the right place. If you are not a union member then you could take independent legal advice, perhaps from a Law Centre. However if you are not eligible for Legal Aid, then you may face considerable legal costs.

You cannot pursue the same claim in two courts simultaneously, even where they both have jurisdiction on such matters. The term court here includes employment tribunals. Neither can you bring a claim again in another court after you have lost it in the first one.