Claims Against Employers

How Can I Sue My Employer?

Although it is a position that no employee wishes to find themselves in, there are many reasons and scenarios why you may face the prospect of having to sue your employer.

The relationship between employer and employee almost always benefits from being a harmonious one and it is unfortunate that, on some occasions, matters simply cannot be resolved internally and legal proceedings ensue.

If you are not familiar with the law surrounding employment matters and grievances at work then you may find the whole prospect of suing your employer rather daunting.

You may be worried about losing your job if you make the decision to sue or you may be worried about creating a negative working atmosphere with your colleagues and superiors. Please do not sit there and worry; let us advise you of all of your legal rights and options, for no cost and without any obligation on your part to take any further action if you decide not to.

When Can I Sue My Employer?

There are many reasons why an employee may be faced with suing their employer. You may choose to sue your employer for the following reasons:

  • unfairly dismissed
  • discriminated against (for example, due to race, sex or religion)
  • wrongfully dismissed
  • victim of harassment in the workplace
  • constructively dismissed
  • redundancy
  • stress-related illnesses
  • after an accident at work

How Can I Sue My Employer After An Accident at Work

A common reason people sue their employer is because they have been injured in an accident at work, through no fault of their own. Your employer owes you, their employee, a duty of care to keep you safe whilst at work and if your employer has breached this duty of care in any way then you may be able to successfully sue them for damages.

The accident could have happened because of faulty or poorly maintained machinery, a spillage on the floor of the workplace, an accident caused by the negligent actions of a fellow employee or falling from a great height due to scaffolding that has not been properly erected. If the employee has been injured as a result of the accident they may choose to sue their employer for compensation for the pain and suffering they have experienced.

If you are suing for compensation for personal injuries you should make sure you have completed the Work Accident Report Form and have details of any witnesses to the accident. Your solicitor will write to your employer setting out the full details of your claim or grievance.

What are the Costs?

1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis. NOTE: If your case is successful your Solicitor will deduct 35% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.

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How Do I Sue My Employer

In order to successfully sue your employer you need to build a strong case against them and gather evidence to show that your employer has acted in breach of one of the employment laws. However, it is important that before you take legal action you ensure that you have taken all steps possible to try and resolve the matter internally with your employer. You should check your company’s grievance procedure to ascertain what steps they recommend you take, and who you should talk to, to try and resolve matters.

The effectiveness of this can largely depend on the reason you are suing your employer but, if possible, you should try and talk to your supervisor or line manager to resolve the issue and iron out any misunderstandings. If you are a member of a trade union you could speak to one of your union representatives for advice and assistance.

You can also seek assistance from ACAS (Advisory, Conciliation and Arbitration Service) who provide free and impartial information and advice and who can be contacted at any stage of your employment or work issue and must be notified before any matter is taken to the Employment Tribunal.


If these attempts fail or do not lead to the desired outcome for you then you should contact an expert employment lawyer who will, again, make sure that every attempt has been made to try and resolve the issues in question. If necessary, your employment solicitor will advise you to take the matter to an employment tribunal hearing where you will present your case (including all of the evidence against your employers). Your employer will also be able to present their case at the hearing. An employment hearing Judge will decide whether or not your case is successful and, if so, what amount of damages (or other form of compensation) should be awarded to you. You have the option of representing yourself at the hearing but it is often beneficial to have an expert employment lawyer representing you as they are experienced in these matters. If you feel that you are in a position where you wish to sue your employer you should contact an expert employment law solicitor for advice and guidance on commencing the claims process.

Getting the help you need from 1stClaims

If you are wondering how to go about suing your employer, or even wondering if you can sue your employer, 1stClaims can help you. Our solicitors will be able to advise you on the chances of pursuing a successful claim and guide you through the process. We will ensure that you receive prompt advice at what we understand can be an anxious and worrying time for you.

Call us free on 0800 2888 693 for a no obligation discussion to see if we can help you, or fill out an online enquiry form here.

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