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Do I have a case?

A quick framework to test whether your workplace issue could become a claim.

Last updated 8 February 2026

Overview

Most cases come down to status, reason, and time limits.

Use this guide to sanity check the basics before you spend time on paperwork.

Quick eligibility checks

  • Your legal status matters: employees can claim unfair dismissal, workers can still claim for discrimination or unpaid wages.
  • There must be a clear event such as dismissal, detriment, or loss of pay.
  • Most claims have strict time limits, often 3 months less 1 day from the act.
  • Unfair dismissal usually needs 2 years service, but some reasons are automatically unfair from day one.
  • If you can, raise concerns internally so there is a clear record.

Signals a case may be stronger

  • No investigation or hearing before the decision.
  • Policies were ignored or applied inconsistently.
  • The decision maker had a conflict or made the choice in advance.
  • The issue appeared right after a protected act (for example raising a grievance).
  • The reason given does not match the evidence.

First steps to take

  1. 01

    Build a timeline

    Write dates, people involved, and what was said or done.

  2. 02

    Collect documents

    Save your contract, handbook, emails, meeting notes, and payslips.

  3. 03

    Check the deadline

    Use the limitation date tracker to find your likely deadline.

  4. 04

    Consider a grievance or appeal

    A short, factual complaint can strengthen the record.

  5. 05

    Get early advice

    An adviser can help you focus on the strongest claims.

Evidence checklist

  • Employment contract and job description
  • Staff handbook and relevant policies
  • Performance reviews and warning letters
  • Emails, messages, or meeting notes
  • Pay records and schedules

Common questions

Do I always need two years service?

No. Discrimination, whistleblowing, and some other claims have no service requirement.

What if I resigned?

You may still have a claim if the resignation followed a serious breach by the employer.

Does probation remove my rights?

Probation does not remove basic rights such as pay, discrimination protections, or notice.

Next steps

Keep your facts organised and protect your time limits with the tools below.

Start case check

Sources