There is a good chance if you are looking for answers to a question about the possibility of taking legal action against your employer, then you are in a fairly troubling, very uncomfortable or extremely worrying situation.

A working relationship can be just like any other type of relationship. It can be great when it is going well, and you can be incredibly happy and feel content, but when it goes wrong, the fallout can often be dramatic, acrimonious and even costly.

Being involved in any type of work-related dispute can be intimidating. It can feel as if the odds of resolving it, in a manner you wish, are massively stacked against you.

However, there are many examples of the so-called little guy, the employee/s, taking on the big  guy, the employer, in a courtroom battle and emerging victorious.

A fairly recent high profile example is the case of the Uber Drivers v Uber, which led to a landmark UK Supreme Court ruling in 2021 [1] cited 24.3.25

A group of drivers took legal action against Uber and asserted they were workers - and should be entitled to employment rights such as minimum wage, holiday pay, and rest breaks - rather than self-employed contractors.

The claim was successful and the court ruled the drivers were in fact workers entitled to employment protections in accordance with the Employment Rights Act 1996. [2] cited 24.3.25

The process of taking any employer to court is full of uncertainty and there is, of course, no guarantee of success with any case.

Here we provide information and practical advice for any employee, in any sector, who may be contemplating taking legal action against an employer.

Know your legal rights

Prior to taking legal action it is essential that you are aware of, understand and know your rights.

As an employee there are various pieces of vital legislation, which afford you protection from a range of unfavourable work-related treatment.

Some the most common areas in which you may find that you have grounds for legal action can include:

• Unfair dismissal: A study published last month showed the most common claim made to an employment tribunal was for unfair dismissal, which accounted for almost one in four (24%) of all cases If you are dismissed from your role in a manner that is unfair, you may have grounds to make a claim for unfair dismissal. [3] cited 24.3.25

• Discrimination: The Equality Act 2010 protects you from unlawful discrimination based on nine protected characteristics, some of which we all share, such as age, race, sex, sexual orientation [4] cited 24.3.25

• Contract disputes: A breach of your employment contract can include non-payment of wages, any significant changes to your job role without consultation and your agreement or any other type of unfair treatment that can reasonably be considered to breach the implied term of trust and confidence in such contracts.

• Whistleblowing: If you report serious wrongdoing at work, which affects others e.g. members of the public, vulnerable service users etc, you can be considered a whistleblower. The law is designed to protect you if you ‘blow the whistle’ on a matter that is in the public interest. [5] cited 24.3.25

What should I do before taking a case to court?

This really should be a last resort and action that is taken after you have exhausted all other available and reasonable avenues to resolve the matter.

Attempt to work with your employer to find a resolution

Most employers will have in place a grievance procedure, which you can use to formally raise any concern, complaint or problem you may have at work. Utilise the grievance process, which should be conducted in line with the ACAS Code of Practice [6] cited 24.3.25

Mediation and arbitration

This is always a good way in which to attempt to resolve a work-related dispute as it can be quicker and certainly less stressful and expensive than having to go to court. ACAS is a neutral third party that can help mediate the dispute or make a binding decision in arbitration (this is explained in a bit more detail shortly).

Seek legal advice

The emotion and desire in wanting to seek justice when you feel wronged can be overwhelming. However, seek expert opinion and talk to a specialist employment lawyer first. They can give you much-needed advice and crucially provide clarity on the strength of your case, best course of action, chances of success and guide you through a process that can be complex and challenging.

Submitting a claim to an employment tribunal

If all attempts to work directly with your employer to resolve a dispute fail, then if you wish to pursue the case you may have to take it to an employment tribunal. The tribunal is an independent body that resolves disputes between employers and employees https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-tribunal/employment-tribunal-england-wales/work-of-the-employment-tribunal/what-is-the-employment-tribunal/

Time limits to submit a claim

The deadline to make a claim to an employment tribunal is strict. Most claims have to be made within three months of the incident, or last incident. It is why it is important to act quickly and seek legal advice if you are going to embark on legal action against your employer. The time limit for submitting a claim is strictly enforced Although there are rare cases and specific circumstances in which an extension may be granted, it is always best to act promptly.

ACAS early conciliation

You will have to notify ACAS before making any type of work-related claim to an employment tribunal. ACAS can assist in trying to resolve the issue and prevent it from going to a tribunal. Notifying ACAS is a mandatory requirement, which can also extend the deadline for submitting a claim [7] cited 24.3.25

Submitting a claim

If an agreement cannot be achieved through early conciliation, you can then submit a claim to an employment tribunal. To do so you will have to complete what is known as an ET1 claim form. You will have to provide required details on the form to support your claim. [8] cited 24.3.25

Subsequently your employer will be made  aware of your claim and be given an opportunity to respond to it, which it will do using an ET3 response form.

Once both parties have had their say, the tribunal will then review the documents and decide on next steps and whether to proceed to a hearing.

Employment tribunal hearing

Many cases do not make it to a full hearing, as they are settled beforehand. However, if your case does go to a tribunal hearing, you will get the opportunity to present your case before a tribunal judge. The employer will be allowed to respond to it. Witnesses from both sides can be called and quizzed about their evidence before the tribunal makes a decision.

The decision

The tribunal’s decision is legally binding. If you win your case, the tribunal may award compensation, order your employer to reinstate you, or take other appropriate actions. If you lose, you may be able to appeal but not just because you are unhappy with the decision, it has to be because the tribunal made a legal mistake.

Compensation and remedies

To reiterate an earlier point, there is never a guarantee with any employment tribunal claim but, depending on the nature of your claim if it is successful, you may be entitled to various forms of compensation and remedies e.g. financial compensation or reinstatement.

The cost

Pursuing justice can prove very costly, so it is definitely something to think about carefully and consider beforehand. Legal representation can be expensive if you cannot get legal support on a no-win no-fee basis. In rare cases if you lose and the tribunal finds your claim was frivolous or vexatious you could be ordered to pay the employer’s costs.

Finally

A decision to take your employer to court is, obviously, not one you should take lightly. It is a huge step and one you should think about carefully and ensure you are fully prepared to embark on.

Knowing your rights, exhausting all available alternatives to resolve the matter before a tribunal hearing and ensuring you obtain expert legal advice are essential.

By taking these steps, you will make decisions that are fully informed and be able to work through the complex legal process with a degree of confidence towards a fair and reasonable resolution.