Deciding whether to make a claim

If you think you may have been discriminated against, you need to consider your options carefully. You may decide to bring a claim in court or in the employment tribunal, or you may consider that your complaint can be better resolved another way.

If you do decide to bring a claim in court or the employment tribunal, you need to act quickly, as strict time limits apply to making claims for discrimination.

Considering your options

Before making a claim, you should carefully consider whether it is the right course of action for you.

Making a claim is demanding on your time and emotions, and before starting the process you may want to assess whether or not you have a good chance of winning.

The first stage in making this assessment is to understand what your rights are. These depend on your circumstances. You should find what you are looking for in either the 'Rights in different settings'  section or within the sections about specific types of discrimination - Age, Disability, Gender, Race, Religion and Belief or Sexual Orientation. Bearing this information in mind, you then need to make a realistic assessment as to whether you may have been discriminated against. It can be hard to make this assessment yourself and it is sensible to seek legal advice before actually making a claim. See getting help and advice.

If, as a result of this, you believe that your employer may have infringed your rights, you then need to determine whether making a claim is the best way to deal with the matter. Bringing a claim is not always the best option, and there may be other ways to solve your complaint. However, sometimes making a claim is the only way forward.

In those circumstances you should read the section on Taking a claim to an employment tribunal or Taking a claim to  County Court (England and Wales) or Taking a claim to Sheriff Court (Scotland).

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