Claim your work rights
If you think your rights at work have been breached, you can challenge that. It is important to start by trying to solve things amicably with your employer. Going to court takes time, good evidence, and can be stressful, and it should be the option of last resort.
Follow this step-by-step guide to stand up for your rights. If you need help, contact our team.
Step 1. Talk to your employer
It is important to try to address the problem amicably with your employer. Write to them and ask to meet, then calmly present your case and what you would like to see changed.
Try to be constructive and focus on a solution, and end the meeting with an action plan and timeline. You may not get everything you wanted after the first meeting, but you will know the process is working if the employer at least agrees to listen, review, investigate, and meet with you again.
If you are a member of a union, you can ask your union representative to accompany you for this conversation.
Keep a record of these meetings. Employers should take minutes (notes) and share them with you, specifying what was discussed, who was present, and if an agreement was reached. Read the minutes and ask them to correct the record, if you think something is inaccurate.
Send an email to your employer after each meeting, summarising what you discussed and agreed. This can be used as evidence of your attempts to rectify the situation.
Step 2. Gather evidence
If you think your rights were breached, gather evidence to demonstrate this. Keep a journal of what happened, when it happened (including repeat occasions), and who was involved. Evidence can take many forms including: emails or text messages, timesheets, notes from meetings with your employer, or videos. The more evidence you have, the stronger your case.
If you have a written contract of employment, this can be an important part of your evidence. Your contract will specify things like how much you should be paid, when and where you have to work, and how much notice you and your employer need to give each other before termination. It is a useful piece of evidence, especially if you claim that your employer broke your agreement (for example, by paying you less).
But not everyone has a written contract, and not every contract is correct (for example, some contracts claim people are self-employed, when in practice they are workers). If you bring a case to the employment tribunal, judges will consider all the evidence you and your employer bring. This includes the written contract, but is certainly not limited to that.
Step 3. Write a grievance letter
If you cannot resolve the issue by talking to your employer, you may wish to raise a formal grievance. All employers should deal with grievances according to the Acas code, which, among other things, requires the organisation to investigate the issue, hold a grievance meeting (called a hearing) and make a decision.
A 'Grievance Letter' should describe the problem - how your contract or employment rights have been breached, provide any evidence such as a payslip or employment contract, and end with the solution that should take place to fix the problem.
You can use this grievance letter template created by Acas. Find out more about the grievance process on the Acas website.
Once the grievance procedure has concluded, the employer will share the decision with the individuals involved. If you are unhappy with the decision or believe the problem still hasn’t been resolved, you may be able make a claim to an Employment Tribunal.
Step 4. Notify Acas
If you see no way of amicably solving your issue with your employer, before you bring a claim to the Employment Tribunal you will have to notify Acas, the UK's Advisory, Conciliation and Arbitration Service. This is a free service.
You usually have no more than 3 months minus 1 day from the date your problem at work happened to notify ACAS. You can contact the Acas helpline for help with understanding how time limits work.
ACAS will attempt to resolve the dispute (this is called early conciliation). If you and your employer agree to settle your dispute, your dispute will end there. If early conciliation fails (or your employer does not engage), ACAS will give you a certificate with a reference number, which you can then use to make a claim to the Employment Tribunal.
Step 5. Make an Employment Tribunal claim
You have 1 month from the date of your Acas certificate to bring a claim to the Employment Tribunal. You do not have to pay a fee for this, and you can make your claim online on the government's website.
Please seek advise from your union representative or a suitably qualified employment law adviser before you go to court. Legal action is complex and takes a long time, and representing yourself is very difficult. To avoid disappointment, seek help from an adviser who can assess your case, advise on the merits of legal action, and support you through the process.
Step 1. Talk to the other party
First, try to address the problem amicably with the party who engaged your services. Write to them to explain the problem, and the resolution you wish to see happen. Refer to your evidence to back-up your point. The other party may have made a legitimate mistake, such as losing your invoice, and wish to rectify it straight away.
Step 2. Gather the evidence
If you were not paid, gather evidence to demonstrate this. Keep a journal of what happened, when it happened (including repeat occasions), and who was involved. Evidence can take many forms including: emails or text messages, timesheets, notes from meetings with your employer, or videos. The more evidence you have, the stronger your case.
If you have a written contract for services, this can be an important part of your evidence. Your contract will specify things like the scope of work you were engaged to deliver, how much you should get paid, and when you should receive payment.
But not everyone has a written contract. If this is your case, try to find emails, text messages, or other records that set out the terms of the work agreed.
Step 3. Write a letter before action
If the other party is disputing payment, send them a 'Letter Before Action'. This is a formal letter that requests the payment of a debt. It sets out what you are owed, and gives the ‘defendant’ (the other party) a reasonable time to repay you. It also makes it clear that unless a solution is found, you may take legal action.
Start your letter by briefly presenting the situation. Detail what you agreed, the issue that occurred, the steps you have taken to solve it (the verbal conversation), and why it continues to be a problem.
Make a clear suggestion of how you expect the issue to be solved. If you were not paid, state what you are owed. Lastly, detail the future steps you will take if the issue is not resolved. For self-employed individuals, this is generally making a claim at the County Court.
We have created a tool to help you write a letter before action. Input the details of your case into the form, and you will receive a copy to your email address. You can print it, sign it, and send it by recorded delivery.
Use our tool to write a letter before action
Step 4. Bring a money claim to the County Court
You can bring a money claim in County Court if you are owed money by a person or business.
You have up to six years to do this, but it is important to gather good evidence first. An application to the County Court can be made online or via post. You will need to provide the name, address and email address of the person you’re claiming against.
To make a claim, you will have to pay a court fee. You can read about fees on the government website. You may be able to apply for help with fees depending on your income and savings.
The above is the process for making a claim in England. There are different processes for making a court claim in Scotland and making a court claim in Northern Ireland.
After you make your claim, the person you are claiming against will receive a letter instructing them to pay the outstanding balance by a certain date. If you still do not receive the money you are owed, you can ask the court to order the defendant to pay. Find out more on the UK Government website.
Court deadlines
Employment tribunals have strict deadlines. You usually have 3 months minus 1 day to notify Acas, from the date your dispute arose, then 1 month from the date of your Acas certificate to bring a claim to the Employment Tribunal.
To make a claim in the County Court, you have up to 6 years.