Commonly asked questions

We’ve noticed quite a few questions pop up every single month during our support group. Here are some quick answers to these questions to keep handy when you’re going through the process.

Can I use covert recordings in my case?

When you reach the Employment Tribunal, if the recording is crucial to the case, the Tribunal is likely to allow its use. However, you might face challenges such as opposition from your employer, which could strain your relationship. 

Learn how to use covert recordings within legal boundaries,

What should I do when the respondent is claiming that my claim is out of time, and requesting it to be struck out?

If your claim is out of time, Tribunals may still consider it under specific exceptions. But you’ll need to prepare a strong argument explaining the delay and why it should still be heard. 

For guidance on time limits and how to present your case, watch our webinar: How to get your out of time claim heard.

What do you need to prepare for the Preliminary Hearing? 

The Preliminary Hearing is often the hardest step in the process to prepare for. It’s easy to get nervous and start thinking the worst. 

Here are four tips to help you prepare for your Hearing:

  • Read our guide about Employment Tribunals, including information on evidence collection, managing your case like a lawyer, and more.
  • If you really want to know what it’s like to represent yourself, learn firsthand from someone who’s done it successfully - Donna Patterson wrote about her experience during her hearings.
  • Our series on TikTok explains what happens at every step of the Tribunal process, including tips for managing underhanded employer tactics 
  • We have two packages specifically designed to help you prepare for your PH: Case Management Preliminary Hearing and Substantive Preliminary Hearing. If you need personalised legal support, get in touch with us.

When writing a witness statement, can I point out any inconsistencies in other witness statements, respondent claims, etc.?

When writing your witness statement, stick to the facts and what you personally observed. While it’s tempting to use it to argue against your employer’s evidence, use the space to strengthen your own argument and save discussing any discrepancies for cross-examination.

Need help with your witness statement and prepping for cross-examination? Get help from legal coaches.

I’m going through a discrimination case and the Judge has asked me to fill out a schedule of loss?

A Schedule of Loss the financial losses and other damages that you are seeking compensation for due to the actions or negligence of your employer. It can be difficult to come up with a figure, but it’s best to start from actual cases. Scour the Employment tribunal decisions website and look at our Real examples to see how much similar cases have won in the past.

You can also check out our Injury to Feelings webinar where we use real-life data from previous cases and the experiences from two of our legal coaches to help you understand how to calculate - and justify - your Injury to Feelings amount.

Do I have to wait for the result of a grievance appeal before submitting the ET1?

It’s important to show to the Tribunal that you’ve gone through an internal process and that you’ve attempted to resolve the issue before involving them. But if your employer is taking longer than anticipated, it’s best to start the proceedings sooner rather than later. While it’s possible to have a claim heard out-of-time, it’s an additional step to an already stressful process. If you can make a claim in time within the deadlines, we highly suggest doing so.

If we didn’t answer your question, don’t worry. We host a monthly support group where members can ask questions to our team or our community about employment rights. Sign up for our newsletter to get an invite to the next one.