Claims You Can Bring As A Claimant
There are many different types of claim you can bring against your employer. Often you might not even realise your situation constitutes a particular type of claim. Below is a list of the possible claims you could bring against your employer and brief explanation.
- This is when you are treated differently or less favourably because of a protected characteristic such as your age, disability, race, religion or sex. Such claims are made under the Equality Act 2010.
- The discrimination can be direct (you are treated differently because of your protected characteristic) or indirect (you are treated differently as a result of your employer’s practice or policy).
- You can also bring claims of harassment or victimisation, which are claims closely linked to discrimination. Harassment is when you are subject to behaviour that is intended to mistreat or humiliate you or to create an intimidating, hostile, degrading, humiliating or offensive environment for you be in. Victimisation is is when you bring discrimination proceedings, make an allegation of discrimination or give evidence about a complaint of discrimination and then you are treated badly as a result.
- The main types of discrimination are age, disability, race, religion and sex.
2. Unfair dismissal
- This is when you are dismissed and your employer does not have a fair reason to dismiss you or, if they have a fair reason, that reason was not implemented fairly.
- To claim unfair dismissal, you must have worked for your employer for two years. However, there are some situations where you do not have to have two years’ service, please see our unfair dismissal page for more details.
- You can also claim unfair dismissal if you have resigned in circumstances where your employer has made you continuing your employment impossible. If you are thinking about resigning and claiming constructive dismissal, it is very important that you seek advice early on as often a lot can turn on what you say in your resignation letter. See our constructive dismissal page for more information.
- This is the common word given to the legal term “making a protected disclosure.” This is when you bring to the attention of your employer or the relevant profession organisation wrongdoing within your company. If you do so, and it is a qualifying protected disclosure, you are protected from unfair dismissal and suffering detriment as a result.
- Note that only certain types of disclosures are relevant – see our whistleblowing page for more details.
4. Bullying at work
- There is no specific claim you can make against your employer for bullying. However, if you suffer bullying at work it could amount to harassment or at the very least, be a breach of the implied obligation of mutual trust and confidence between you and your employer. Our page on bullying in the workplace has more information.