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.
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 unauthorised deduction from wages, unfair dismissal, wrongful dismissal, direct race discrimination and victimisation.
Although there is almost always some kind of claim that can be brought (even if it’s the standard breach of the implied term of mutual trust and confidence), some issues can be harder to categorise.
For example, consider bullying. On its own there isn’t necessarily a practical cause of action – however, if the bullying includes a sex discrimination or working hours aspect, it could certainly be taken to a tribunal.
You can also 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 appropriately, 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 your local Citizen's Advice Bureau or 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 forum, after you have lost it in the first type of court – other than if you are appealing the judgment upwards to a higher court.
