This resource list has been compiled with the aim of allowing representatives in person in the Employment Tribunal to analyse their claim for discrimination and to provide resources for them to efficiently & knowledgeably undertake their litigation in the Employment Tribunal. However, it may (hopefully) be useful to existing practitioners.
- The necessary legislation
- The necessary textbooks
- Extremely helpful websites
- Online guides on discrimination claims
- Employment law precedents
- The Equality Act 2010 – http://www.legislation.gov.uk/ukpga/2010/15/contents
It’s recommended that you purchase these if you’re serious about taking on your discrimination claim yourself. If you can’t afford to purchase them then there are probably copies available in your local library.
- Cunningham & Reed – Employment Tribunal Tactics and Precedents (2009) – fantastic whether read on its own or in conjunction with Lewis’ text below. However, Lewis’ text covers more of the substantive law related to discrimination claims whereas Cunningham & Reed’s has a more detailed analysis of Employment Tribunal practice & procedure (as well as helpful precedents – also see below)
- Naomi Lewis – Employment Law: An Adviser’s Handbook – can’t praise highly enough – an excellent and thorough digest of employment law and Employment Tribunal procedure. Anything you could reasonably expect to be covered in your Employment Tribunal claim will be touched on in this text. N.B. DON’T pick up an older version just because it’s cheaper – the most recent edition covers the Equality Act 2010 whereas previous editions don’t
Get these books out of your local library, if possible.
- McMullen – Employment Tribunal Procedure (2004) – possibly rather dated now but still fantastic.
- Selwyn – Law of employment (15th ed) – unrivalled source of in-depth information related to employment law.
- Etclaims.co.uk – http://www.etclaims.co.uk – a consistently excellent and regularly updated blog related to ‘all things employment law’ (but mainly Employment Tribunal procedure)
- The Central London Law Centre – http://www.londonlawcentre.org.uk –has a variety of publications which are quite essential to the representative in person (see below)
- The Equality and Human Rights Commission – http://www.equalityhumanrights.com (“EHR.com”) – excellent website devoted (as you would expect) to the drive for equality in the workplace (among other things). As with the Central London Law Centre, it has a number of excellent publications related to discrimination in the workplace (see below)
Identifying discrimination in employment generally
- Identifying discrimination in employment (Tamara Lewis, EHR.com) – http://www.equalityhumanrights.com/uploaded_files/indentifyingdiscriminemplyment.pdf
- The discrimination claimant’s companion: a client’s guide to discrimination cases in employment tribunals (Word document) – http://www.equalityhumanrights.com/uploaded_files/Questionnaire_guides/dscrm_claimants_companion_jan12_final.doc
Discrimination questionnaire “how to’s”
- How to use the questionnaire in all cases of discrimination in an employment context (Word document) – http://www.equalityhumanrights.com/uploaded_files/Questionnaire_guides/questionnaire_general_ed_4_final_jan21.doc
N.B. There are a number of documents relating to more “specific” areas of questionnaire guidance (e.g. race, age etc.) available at this website – http://www.equalityhumanrights.com/advice-and-guidance/information-for-advisers/taking-discrimination-cases/
Overview of the Employment Tribunal process
- The Claimant’s Companion – A client’s guide to Employment Tribunal cases – http://www.londonlawcentre.org.uk/pdfs/Claimants%20Companion.pdf
The “Claimant’s Companion” is an excellent digest of what you should expect in your journey through the Employment Tribunal. However, it’s not a substitute for the above texts (Cunningham & Reed, and Lewis) and should be read in conjunction with these texts
- ET1 – What you’ll need to start your journey through the Employment Tribunal. Make sure you fill this out properly and submit it at least a week prior to the limitation date for your Employment Tribunal claim (first tip: use this Postcode List – it’ll help you submit your claim to the right Employment Tribunal; second tip: submit your claim by email – it’ll precisely identify the date & time you submitted your claim and remove any potential problems with late submission / Royal Mail’s inefficiencies)
- Schedule of Loss – what you’ll need to comply with the Employment Tribunal’s directions on submitting your “schedule of loss” to the other side. This document allows you to value your claim and alert’s the other side as to how much you are looking to claim in damages
- Disclosure list – the Employment Tribunal will normally order “disclosure” of evidence to take place on a certain date. It’s best practice to list all the documents that you’re in possession of and prepared to exchange into this “disclosure list”
- Witness statement – your statement is often the most crucial piece of evidence in an Employment Tribunal case, especially if it relates to discrimination (tip: it may sometimes be necessary to submit a mitigation statement if there are issues related to mitigation of losses alive when/if your claim goes to the Employment Tribunal)
Redmans Solicitors are London employment lawyers and offer employment law advice to employees and employers. They are specialist unfair dismissal no win no fee solicitors and off Employment Tribunal no win no fee representation