Step 3: Learn To Claim Your Rights

1. Talk To Your Boss

Once you have identified what employment rights have been breached, address it in a conversation with your boss. Make a note of the date you had this conversation and your boss's response.

2. Gather Evidence

If your situation does not improve after the verbal conversation, gather enough evidence about the issue to enable you to move to the written stage.

Make a note of when you started working at that job, when the issue arose, what the name of your line-manager is, whether there were other employees involved.

Whenever possible, support the facts with evidence: text messages, emails, pictures or witnesses that may support your case.

 

3. Write a "Letter before Action"

Briefly present your position at work: what you do, when you started, and how you generally feel about the job.

Detail your issue, 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. This will depend on what employment right was breached. For unpaid wages, you will want to provide the sum you expect to receive. For work without paid leave, you may want to claim paid days off in the future.

Provide a timeline for when you expect your boss to address your issue. This is generally 14 days from receiving the letter.

Detail the future steps you will take if you are still denied access to your employment rights. FOR SELF-EMPLOYED individuals this is generally opening a claim with the Small Claims Court. For WORKERS and EMPLOYEES this can be contacting the HMRC to report payment below National Minimum Wage, or opening a claim with the Employment Tribunal for all other employment rights.

4. Send via Recorded Delivery

Send the letter to your immediate boss and, if known, their manager via recorded delivery . This can be done at the post office and ensures that the addressees are handed the letter personally and must sign for its receipt. Keep the receipt you receive from the post office as evidence.

5. Take further action

SELF-EMPLOYED

Open a Small Claims Court case: for individuals who were not paid the amount agreed with their clients.

WORKERS and EMPLOYEES

Contact ACAS: for fluent English speakers ACAS can answer questions about employment rights online and over the phone. For WORKERS and EMPLOYED individuals who have not been able to claim their employment rights after the conversation and letter before action, ACAS can provide a free mediation service.

Contacting ACAS is a necessary step before opening a legal case with the Employment Tribunal. When opening a claim, the tribunal will require a mediation number provided by ACAS.