This fact sheet gives you FACTS and TIPS regarding your rights when considering bringing a claim against your employer. The below information is correct as of January 1st 2025 and was kindly drafted for Pregnant Then Screwed by Law student volunteers from Chester Community Law Project (based within The University of Chester’s School of Law and Social Justice).

This sheet gives you FACTS and TIPS about what happens in the run up to a final hearing at the employment tribunal

FACT: There are certain things that must be done in the run up to the hearing that you will be instructed to do. The Tribunal will write to you with what are known as ‘Directions’. This is a list of who must do what, and by when.

The Bundle:

Every hearing uses what is known as a ‘bundle’. This will include things such as your schedule of loss (a document showing the losses you have incurred as a result of the employer’s actions), the documents you and your employer rely on, and witness statements.

TIP: If you are representing yourself, the tribunal will usually ask your employer to provide copies of the bundles for use at the hearing.

FACT: In order for the bundle to be put together, you will be asked to disclose documents you hold. These may include:

• Text messages

• Emails

• Letters

• Your contract of employment

• Pay slips

TIP: You must disclose all documents that are relevant, even if they do not help your case.

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Witness statements:

FACT: You must compile a witness statement. Here are some tips to help you put together your witness statement:

• Your statement is your chance to set out your side of the story. Write it in your own words – using the language you usually use – and in the first person, using ‘I’.

• Number each paragraph.

• Explain what happened when, in date order – making sure to include all the dates.

• If you are unsure of an exact date, use an approximation, e.g. ‘in or around January 2025’, or ‘during the winter of 2024’.

• Be as precise as possible, using the exact terms and phrases that were used if you can recall them.

• Back up what you say with evidence wherever possible and refer to any evidence found in the bundle of documents (e.g. you can say ‘the letter I received on 26 April (p.34 of the bundle)’). This makes it as easy as possible for the tribunal judge to understand what happened to you and to look at your evidence as you tell your story.

TIP: You must always finish your statement with a ‘statement of truth’ which says:

“This statement is true to the best of my knowledge and belief.”

You then need to sign and date it.

FACT: The Directions for the hearing will confirm a date prior to the final hearing on which the parties must exchange witness statements, so you must send yours to your employer (or their representative, if they are represented) and they will send you copies of all of their witness statements — this is usually done via email.

TIP: You will not be expected to read out your statement during the hearing. You will have a copy of it in front of you so that you can look back at it when you are asked questions about your evidence. You need to be very familiar with your statement before the hearing so that you can navigate around it easily on the day.

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FACT: There are alternatives to a full hearing including a judicial assessment, judicial mediation and ACAS conciliation.

• Judicial Assessment can only happen if both you and your employer agree to it, and if the Tribunal feels that it is a suitable case. An Employment Judge will assess the merits of a case; you will then be given comments from this. The comments are confidential to you and your employer.

• Judicial Mediation can only happen if both you and your employer agree to participate: a specially trained employment judge will act as a mediator between you and your employer to try to help you reach an agreement on a settlement.

TIP: This process is not compulsory

• ACAS Conciliation: ACAS has a continuing duty to help promote settlement via conciliation in the run up to the tribunal hearing. They do not offer advice; they can only try to help you settle your claim.

TIP: If settlement is achieved via ACAS, you and your employer will sign a form called a COT3 form which states that in return for payment, you will withdraw your claim and won’t bring any further claims. This is separate to Early Conciliation which must happen prior to submitting an ET1.

TIP: You can settle under a COT3 agreement at any point during the tribunal process, right up to the day of the hearing.

To find out more about this project, click here.