What you need to show the employment tribunal in a discrimination at work claim
If you have been discriminated against at work and you are unable to sort out the problem you may want to take a case to an employment tribunal. On this page you can check what an employment tribunal does with the evidence presented. There are some examples of what you may have to do to prepare your case.
Before you read this page see Discrimination at work - getting evidence for an employment tribunal case.
What an employment tribunal will consider in discrimination cases
Once a tribunal has heard all the evidence in a discrimination case, it will generally consider the evidence that has been presented in two stages.The reason consideration of the evidence is in two stages is that the facts of the case have to be established before the explanations can be looked at.
The tribunal will consider first whether or not the claimant has established facts from which, on the balance of probabilities and in the absence of an adequate explanation, it could conclude that the employer has contravened the Equality Act 2010.
When you have established such facts, the tribunal will then look at whether the employer can show, again on the balance of probabilities, that there is an adequate explanation for the discriminatory treatment.
As a discrimination case can become very complicated, not least because technically there can be both direct and indirect discrimination, the type of evidence you present is very important.
You must get specialist support to prepare your case for the employment tribunal in a discrimination claim. There are three examples below that give you an idea of what evidence you will need to prove your claim.
You may be able to get help from your local Citizens Advice Bureau, Trade Union or other legal advice centre.
Other useful information
Equality Advisory Support Service (EASS)
If you have experienced discrimination, you can get help from the EASS discrimination helpline.
Equality and Human Rights Commission (EHRC)
You can find useful information about discrimination on the EHRC website at www.equalityhumanrights.com.
Acas works with both employers and employees to solve workplace problems.
You can phone the Acas helpline on: 0300 123 1100 and speak to an adviser about your employment problems. The helpline is open 8am-8pm Monday to Friday and 9am-1pm on Saturdays.
You can find useful information about how to sort out work-place problems on the Acas website at www.acas.org.uk.