Evidence Checklist for an Employment Tribunal Claim
Documents and records to gather before bringing an Employment Tribunal claim for unfair dismissal, discrimination, or unpaid wages.
Overview
Employment Tribunals are document-heavy. Most claims succeed or fail on the paper record — what was said in writing, what policies existed, and whether the employer followed them. Start collecting documents as soon as you think a claim may arise, before you leave employment if possible. Your employer must disclose documents relevant to your claim, but it is safer to preserve everything you legitimately hold.
Employment Records
Written employment contract or written statement of particulars (ERA 1996, s.1)(Essential)
All payslips, P60s, and pay records(Essential)
Essential for calculating losses and unpaid wage claims
Any written changes to terms and conditions(Essential)
Job description and any performance targets or objectives
Any bonus schemes, commission structures, or benefit documents
Correspondence and Policies
All relevant emails between you and your employer, manager, or HR(Essential)
Download or forward to a personal email before leaving employment if permitted
Written warnings, performance improvement plans, or disciplinary outcome letters(Essential)
Grievance letters you submitted and any responses(Essential)
Company disciplinary, grievance, and equality policies(Essential)
These show the standard your employer is expected to meet
Any references provided or refused
Comparator and Discrimination Evidence
Evidence of how comparable employees were treated differently (comparator evidence)
Critical for discrimination claims under the Equality Act 2010
Contemporaneous notes of incidents, with dates, times, and what was said(Essential)
Notes made at the time carry much more weight than retrospective recollections
Medical records or fit notes if health or disability is relevant
Any occupational health reports
Dismissal and Process Documents
Dismissal letter or letter confirming redundancy(Essential)
Minutes or notes of any disciplinary, redundancy, or appeal hearings(Essential)
ACAS Early Conciliation certificate number(Essential)
You cannot file an ET1 without this
Any settlement offers made or rejected