Stage 1: The Employment Problem Happens
What this stage means, what to do in the first few days, and the mistakes that quietly cost people their claim later.
Information and strategy, not legal advice
This page explains what typically happens at this stage and what most people in this position need to do next. It is not a substitute for advice on your specific circumstances — where your situation is complex or time-sensitive, contact ACAS or a qualified employment solicitor.
What Is This Stage?
Something has happened at work that may lead to a legal claim. This is the starting point of every case that follows — everything else in this process, from ACAS Early Conciliation through to a final tribunal hearing, is built on how well this first stage is handled. Common triggers include:
- Dismissal, or being told your employment is ending
- Discrimination — being treated less favourably because of a protected characteristic under the Equality Act 2010
- Victimisation — being treated badly because you raised a complaint or supported someone else's
- Unpaid wages or unlawful deductions from your pay
- Whistleblowing detriment — being penalised after making a protected disclosure
You don't need to know yet which of these applies, or whether you have a claim at all. That comes later. Right now, the only job is to capture what happened accurately, while it's still fresh.
What Should You Do Now?
- Write down exactly what happened. Do this the same day if you can — what was said, what was decided, and the sequence of events. A note made within hours carries far more weight later than a reconstruction made months afterward.
- Record dates, people involved, and witnesses. Names, job titles, and anyone who was present or who might have relevant knowledge. You may not need them yet, but you will not remember them as clearly in six months.
- Save emails, messages, and documents. Forward or save copies somewhere outside systems you might lose access to once you're dismissed or suspended — your work email and internal systems are not a safe long-term record.
- Avoid resigning without understanding the consequences. However bad things feel right now, resigning can weaken your position even where your employer has behaved unreasonably. Take advice before you decide — see the FAQ below.
What Mistakes Do People Make?
- ❌ Relying on memory instead of writing things down at the time
- ❌ Waiting weeks or months before starting to collect evidence
- ❌ Sending angry or emotional messages to the employer that can be used against you later
- ❌ Losing track of time and missing the deadline to bring a claim
Documents You May Need
- ✅ Your employment contract
- ✅ Relevant company policies (disciplinary, grievance, equal opportunities)
- ✅ Emails and messages relating to the situation
- ✅ Performance records or appraisals
- ✅ Any grievance documents already in existence
If your employer holds documents you don't have copies of — internal notes, emails between managers, earlier drafts of a decision — a Subject Access Request is the standard way to get them. See our Subject Access Request Template.
Where This Leads Next
Once you've secured your own record of what happened, the next decision is usually whether to raise a formal grievance and when to contact ACAS for Early Conciliation — a mandatory step before most tribunal claims, and one that starts a clock on your case. Our Complete Process & Time Limits Guide covers the full 13-stage journey from here through to a final hearing, including exactly how your deadline is calculated.
Templates & Tools for This Stage
The single biggest advantage in any employment dispute is a clear, dated, honest record started from day one — before anyone's version of events becomes the only one on file. Everything else follows from getting this stage right.
For the signs your employer may already be building a case against you, see Signs Your Employer Is Building a Case to Dismiss You, or browse our other articles.