What counts as an employment law case in the UK
Employment law in the UK covers the rights and responsibilities between workers and employers. It applies whether you work in an office, a shop, a hospital, a warehouse, or from home. Many people assume employment law only comes into play in dramatic situations, but most cases begin with everyday workplace problems that escalate over time.
Typical employment law cases include unfair dismissal, discrimination, harassment, unpaid wages, breach of contract, whistleblowing retaliation, and disputes about working hours or conditions. Some involve a single incident, while others build from a pattern of behaviour.
Unfair dismissal is one of the most common issues. This occurs when an employer terminates someone’s employment without a fair reason or without following a fair process. For example, a long serving retail manager in Birmingham might be dismissed after raising concerns about safety procedures, only to be told the business is “restructuring” with no consultation. If the process appears rushed or targeted, this could raise legal questions.
Discrimination cases arise when someone is treated unfairly because of protected characteristics such as age, disability, race, religion, sex, sexual orientation, or pregnancy. Imagine a qualified candidate repeatedly overlooked for promotion after announcing she is expecting a child, while less experienced colleagues advance. That pattern may point to pregnancy discrimination.
Harassment involves unwanted conduct related to a protected characteristic that violates someone’s dignity or creates a hostile environment. A worker subjected to persistent racist jokes or sexual comments may have grounds for a claim even if the behaviour is dismissed as workplace banter.
Wage disputes are another frequent source of cases. These may involve unpaid overtime, withheld bonuses, or failure to pay the National Minimum Wage. A delivery driver in London who regularly works beyond scheduled hours without compensation may eventually seek legal advice if the situation continues.
Constructive dismissal occurs when an employee resigns because the employer has fundamentally breached the contract, such as by creating intolerable working conditions. For instance, a nurse who reports bullying by a supervisor but receives no support and is instead moved to undesirable shifts may feel forced to leave. In law, that resignation can be treated as a dismissal.
Knowing when a problem becomes a grievance
Not every workplace disagreement becomes a legal matter. A grievance typically arises when the issue is serious, persistent, or affects your rights, wellbeing, or livelihood. The key question is whether a reasonable person would view the situation as unfair or harmful, not merely inconvenient.
Many cases begin with a sense that something “is not right” rather than a clear legal label. A junior employee might notice that she alone is excluded from team meetings, given impossible deadlines, or criticised publicly while others are treated differently. Over time, the pattern may suggest bullying or discrimination rather than ordinary workplace friction.
A grievance is more likely to be significant if it involves financial loss, damage to reputation, health impacts, or breach of contract. For example, an accountant in Leeds who is suddenly demoted without explanation and suffers a large pay cut would reasonably question whether the employer has acted lawfully.
Another sign is when informal attempts to resolve the issue fail. If raising concerns with a manager leads to dismissal, retaliation, or no meaningful action, formal steps may be justified.
What to do if you believe you have a grievance
Acting early can make a significant difference. The first step is usually to raise the matter informally with a supervisor or human resources department. Many issues can be resolved through conversation, especially when misunderstandings are involved.
If the problem persists, the next step is typically a formal written grievance. Employers are expected to follow fair procedures, often based on guidance from Acas. Submitting a clear written account ensures there is an official record of the complaint.
Consider a warehouse employee in Nottingham who believes he is being denied overtime opportunities given to colleagues of a different nationality. After informal discussions fail, he submits a formal grievance detailing dates, incidents, and the impact on his earnings. This triggers an internal investigation.
Seeking advice from a union representative, legal adviser, or a free service such as Acas can help clarify options and timelines. Employment tribunal claims are subject to strict time limits, usually three months less one day from the incident or termination.
Recording information and gathering proof
Evidence is often decisive in employment disputes. Memories fade, but written records endure. Keeping a personal timeline of events can help establish patterns that might otherwise be dismissed as isolated incidents.
Useful documentation may include emails, messages, meeting notes, performance reviews, rotas, payslips, and witness statements. Even personal notes written at the time can carry weight if they show consistency.
For example, an office administrator in Reading who experiences ongoing bullying might keep a diary recording each incident, including dates, what was said, who was present, and how it affected her work. If colleagues later confirm similar experiences, the case becomes stronger.
Medical records can also be important, especially if stress or anxiety results from workplace treatment. A GP note linking health issues to work conditions may support claims involving harassment or constructive dismissal.
It is important to store evidence securely and not to breach workplace policies when collecting it. Accessing confidential systems without permission could create additional problems.
Proving your case and pursuing action
To succeed in a legal claim, it is not enough to feel wronged. You must show that the employer’s actions breached employment law or contractual obligations. This often involves demonstrating what happened, why it was unlawful, and what loss or harm resulted.
Many disputes are resolved before reaching a tribunal through internal procedures, mediation, or settlement agreements. For instance, an employee dismissed during a company restructure might negotiate compensation and a reference rather than pursue a lengthy legal battle.
If the case proceeds to a tribunal, both sides present evidence and witnesses. The tribunal assesses whether the employer acted reasonably and followed proper procedures. Outcomes can include compensation, reinstatement, or declarations that rights were breached.
