Filing Employment Discrimination Claims in London
In London, England employees and job applicants who believe they have suffered unlawful discrimination at work should normally start with ACAS early conciliation before bringing a tribunal claim. This article explains the role of ACAS, the statutory framework under the Equality Act 2010, and the practical steps London claimants use to notify ACAS, preserve time limits and escalate to an Employment Tribunal where necessary.
Overview
Discrimination complaints in London are governed by the Equality Act 2010 and enforced through ACAS conciliation and the Employment Tribunal system. ACAS offers an early conciliation service to try to resolve disputes without a tribunal hearing; if conciliation ends without settlement you will be issued a certificate that allows you to submit a tribunal claim.
The Equality Act 2010 sets out protected characteristics and prohibited conduct; remedies and procedures are administered nationally but are available to people working in London via ACAS and Employment Tribunals.
How to start - ACAS early conciliation
- Contact ACAS to request early conciliation online or by phone; ACAS records the notification and offers a conciliator.
- Allow time for conciliation; the process can take several weeks depending on availability and willingness to engage.
- If conciliation fails you will receive an ACAS early conciliation certificate that you need to include with a tribunal claim.
ACAS early conciliation information[1]
Penalties & Enforcement
Employment discrimination is enforced through remedies ordered by Employment Tribunals and, in some cases, through recommendations or orders arising from conciliation. Specific fixed fines for employers for discrimination are not published on the cited public guidance pages; monetary awards and non-monetary remedies are defined through tribunal powers and case law.
- Monetary awards: specific statutory fine amounts are not specified on the cited page; tribunals typically consider compensation for loss and injury to feelings.
- Non-monetary sanctions: tribunals can make declarations, order compensation, and in some cases recommend reinstatement or other remedies as described on the official tribunal guidance.
- Enforcer and pathways: ACAS handles early conciliation; unresolved cases go to Employment Tribunals administered via GOV.UK processes and forms.
- Time limits and escalation: the statutory time limit for most discrimination claims is short; you must start ACAS early conciliation and then bring a tribunal claim within the tribunal time limit applicable to your claim.
How to bring a claim to an employment tribunal[2]
Appeals, review and defences
- Appeals: decisions from Employment Tribunals can be appealed to the Employment Appeal Tribunal on points of law within the statutory appeal period described by the tribunal guidance.
- Defences and discretion: employers may raise statutory defences such as justification where permitted by law; specific variances or permitted exceptions are set out under the Equality Act 2010.
Equality Act 2010 (statutory framework)[3]
Common violations and typical outcomes
- Direct discrimination (treatment because of a protected characteristic) — possible tribunal compensation and declaration.
- Indirect discrimination (policies disadvantaging a protected group) — tribunal remedies and policy review orders.
- Harassment or victimisation — potential awards for injury to feelings and other losses.
Applications & Forms
Early conciliation: ACAS provides an online Early Conciliation notification form and guidance on how to submit a notification; the form name or number is not specified on the cited page. If conciliation concludes without settlement ACAS issues an early conciliation certificate which you must include with an Employment Tribunal claim form (ET1). Tribunal claim forms and filing instructions are published on GOV.UK.
Action steps
- Contact ACAS early conciliation immediately to start the process and preserve tribunal time limits.
- Gather written records: contracts, emails, payslips, witness contact details and any complaints submitted to your employer.
- If conciliation fails, complete and submit the ET1 tribunal claim form within the applicable time limit and attach the ACAS certificate.
- If dissatisfied with a tribunal decision consider grounds of appeal promptly and seek legal advice or advice from a recognised advice agency.
FAQ
- Do I have to contact ACAS before going to an Employment Tribunal?
- No, contacting ACAS is legally required for most workplace claims because you must attempt early conciliation first; ACAS will issue a certificate if conciliation ends without settlement.
- How long do I have to bring a discrimination claim?
- Time limits are short for discrimination claims; start ACAS early conciliation as soon as possible and seek to bring a tribunal claim within the tribunal time limit relevant to your case.
- What remedies can tribunals order?
- Tribunals can order compensation, declarations, and sometimes recommend reinstatement or other remedies; fixed statutory fines for discrimination are not specified on the cited guidance pages.
How-To
- Contact ACAS to request early conciliation using the online form or official contact route.
- Engage in conciliation; if a settlement is reached accept terms in writing, if not obtain the ACAS early conciliation certificate.
- If conciliation fails, complete the ET1 claim form on GOV.UK and submit it to the Employment Tribunal with the ACAS certificate attached.
- Prepare and submit evidence by the deadlines set by the tribunal and attend any preliminary hearings or mediation offers.
Key Takeaways
- Start with ACAS early conciliation to preserve rights and try to resolve disputes without tribunal proceedings.
- Observe tight tribunal time limits and keep detailed records of discrimination incidents and communications.
Help and Support / Resources
- ACAS - Early conciliation and contact
- GOV.UK - Employment Tribunals guidance
- Legislation.gov.uk - Equality Act 2010