FAQs from our Support Group

Whether you missed the live session or want to revisit the highlights, here's what our support group users asked and how our co-hosts answered.

What happens if my employer refuses to participate in early conciliation?

If your employer refuses to participate, don't worry! Their refusal doesn't mean your journey is over. Early conciliation is a step in the process that allows you to resolve your issue without getting a Tribunal involved. If your issue isn't resolved because your employer doesn't participate, you can end the process. The key thing you need from this step is your ACAS certificate - you'll need this in order to make a claim!

How do I prove discrimination at work?

Don't underestimate the power of good note taking! People have proven discrimination in the past by having detailed accounts of discriminatory acts. This video goes over the basics of using contemporaneous notes.

How do I ensure that my voice is heard during my Tribunal?

Being at a Tribunal can be so overwhelming, it's easy to feel intimidated. One way to ensure your nerves don't get the best of you is by preparing as best as you can. No one knows your case like you do. Be ready to take notes during the proceedings, know your bundle like the back of your hand, and don't be afraid to ask for any clarifications. The more information you have ready, the more confident you'll be at talking about your case.

How do I prove continuous acts of discrimination?

It may be helpful to think of these acts like links of a chain. You want to ensure that each act is clearly linked to the other, and that all the acts have one common denominator. Remember to be precise when explaining each event, and detail the events in chronological order.

I haven't received an ET3/the ET3 is late and my hearing is coming up. What do I do?

You have a few options. You can:

• make an application for postponement on the basis that you need more time to prepare
• ask the Tribunal for assistance if your employer is very late in getting you an ET3
• ask the Tribunal to make a ruling based on Rule 21.

I'm being threatened with legal costs. What do I do?

It can be so scary to receive a legal letter threatening to make you pay for your employer's legal costs. But it's just a scare tactic! It's actually so rare for legal costs to be awarded. They're typically rewarded when:

• your claim was vexatious, such as you only wanted to harass your employers
• your claim had zero merit, such as you didn't have any evidence to back up your claim
• you did not engage in the process, such as missing deadlines and not turning up to court
• you were rude or aggressive or abusive during your Tribunal.

If you need help figuring out whether your case has any merit, check out our merits assessment.