The Process for Bullying and Discrimination Claims
Our expert solicitors can advise on where to bring your claim, the available funding arrangements available and any associated costs.
You may have claims in both the Employment Tribunal and civil courts but note that there are strict time limits for such claims:
- Discrimination claims in the Employment Tribunal – 6 months less one day from the date of the last incident (if you have brought a service complaint in time)
- Claim under the Protection from Harassment Act – 6 years from the date of the last incident
- Claim for stress related injury at work – 3 years from the date you realise (or should have realised) that you have been harmed by something somebody else has done or not.
Calculating these time limits is complex. Take advice rather than assume that you are out of time already.
There are different provisions and advantages that relate to the potential claims you can make; these can vary according to individual circumstances. We will discuss them with you in detail: you may need to take action urgently. You should also be aware that for claims in the Employment Tribunal, you must first bring a valid service complaint within 3 months of the date of the last incident of harassment or discrimination. We can advise on how and when to raise your service complaint, but remember that time is key.
It is essential that you obtain advice and protect your legal rights. The sooner you contact us, the sooner we can take steps to investigate your claim and secure evidence. If you fail to bring a claim in time, you may well lose your right to compensation.
The court or tribunal could award damages for:
- Pain and suffering
- Loss of earnings, benefits and pension
- Reduced employment prospects
- Medical expenses
- Loss of quality of life
- Cost of past and future care
- Cost of aids, equipment and out of pocket expenses
There is no cap on the amount of damages an Employment Tribunal can award for a successful claim of discrimination. It will largely depend on case facts and the severity of the defendant’s breach. The Tribunal can also award a discretionary amount for the psychological damage caused by discrimination.
In a successful claim under the Protection from Harassment Act, you can also obtain restraining orders against the individuals who have harassed you.