To bring a claim in an Employment Tribunal you must be a job applicant or employee. Whilst this may seem a relatively straight forward and obvious requirement, in some instances it can involve a careful balancing of the facts to determine your true status as the label alone is not determinative. For example, you may have always considered yourselves to be self-employed however you may actually be an employee and therefore benefit from the enhanced rights associated with this status.
If you are a job applicant and think that the reason you have not succeeded in a job application is discriminatory, i.e. because you possess one of the nine “protected characteristics” recognised in our equality legislation, i.e. your race or sex etc., you may have a discrimination claim. This is a difficult claim to bring as the burden is on you to establish the discrimination that you allege.
As an employee you can bring various claims both during your employment and following its termination. Examples of the type of claims that can be issued during employment are as follows:
- unlawful deduction from wages
- whistleblowing – for detrimental treatment
- detrimental treatment for asserting a statutory right