Employment Tribunal Evidence Checklist: What You Need for Unfair Dismissal & Harassment Claims

What evidence do I need for an employment tribunal?

For most employment tribunal claims you need three things: documents that show what happened (contracts, emails, letters), a written timeline of events, and witnesses who can support your account. For unfair dismissal you focus on the dismissal decision and the process that led to it; for harassment or discrimination you focus on the conduct itself, its effect on you, and how you were treated compared with others.

Good evidence is contemporaneous (created at the time), organised by date, and kept in its original form. This guide is a practical, tickbox checklist you can work through now — plus the context you need to understand why each item matters and how to gather it lawfully before a deadline passes.

This is general information, not legal advice. What matters most depends on your specific claim. For tailored guidance, contact our employment team.

Why evidence matters: who has to prove what?

Employment tribunals decide cases on the evidence, not on assertions. Understanding where the burden of proof sits tells you what to prioritise:

In an unfair dismissal claim, the employer must show the reason for dismissal and that it was a potentially fair one; the tribunal then decides whether dismissing you for that reason was reasonable and whether a fair procedure was followed. Your evidence is aimed at showing the reason was not genuine, or the process was flawed, or the outcome was outside the range of reasonable responses.
In a discrimination or harassment claim under the Equality Act 2010, you must first establish facts from which the tribunal could conclude discrimination occurred. If you do, the burden shifts to the employer to show the treatment was not discriminatory. This "shifting burden" is why a well-documented pattern of events is so powerful — it can be enough to move the burden onto your employer.

The practical takeaway: the party with the clearer, better-organised contemporaneous record usually has the advantage.

Core documents every claimant should gather

These apply to almost every employment tribunal claim, whatever its type:

[ ] Contract of employment and any written statement of particulars
[ ] Staff handbook and relevant policies (disciplinary, grievance, dignity-at-work, equal opportunities, sickness)
[ ] Payslips, P60 and P45 to evidence pay and continuous service
[ ] Offer letter and any variation letters (changes to role, pay or terms)
[ ] Correspondence with your employer — emails, letters, and work messaging
[ ] Your ACAS early conciliation certificate (mandatory before most claims can be issued)
[ ] A written chronology — a dated timeline of key events in your own words
[ ] Notes of meetings — dates, who was present, and what was said
[ ] Organisation chart or reporting lines where hierarchy is relevant

Keep a personal copy of anything held on a work system before you lose access — but only material you are entitled to have (see the data-protection section below).

Unfair dismissal evidence checklist

To bring an ordinary unfair dismissal claim you currently need two years' continuous service. This qualifying period is due to reduce to six months from 1 January 2027 under the Employment Rights Act 2025, so anyone hired around mid-2026 or earlier who is still employed into 2027 should keep this change on their radar. Note that some dismissals are "automatically unfair" — for example dismissal for whistleblowing, pregnancy, or asserting a statutory right — and do not require the qualifying period at all.

Focus your evidence on the reason for dismissal and whether a fair process was followed:

[ ] Dismissal letter stating the reason and effective date
[ ] Disciplinary or capability records — invite letters, meeting notes, outcome letters
[ ] Any warnings and the policy that governed them
[ ] Appeal correspondence and the appeal outcome
[ ] Performance reviews and appraisals (especially where capability is alleged)
[ ] The evidence the employer relied on — the material they used to reach their decision
[ ] Comparator evidence — how others in similar situations were treated
[ ] Your own response to the allegations at the time
[ ] Redundancy documentation — selection criteria, scoring, consultation records and alternative-role searches, if redundancy is the stated reason
[ ] Financial loss records — job applications, interviews, and earnings since dismissal, for the remedy stage

Why process matters: a dismissal can be unfair because of how it was carried out, even where there was a genuine reason. The five potentially fair reasons — conduct, capability, redundancy, illegality, and "some other substantial reason" — each carry procedural expectations, and records of the procedure are as important as the reason itself.

If you have been offered a deal to leave rather than fight a dismissal, weigh it against the strength of your evidence. Our settlement agreement timeline guide explains how that process works and how long it takes.

Constructive dismissal: extra evidence you need

If you resigned in response to your employer's conduct and are claiming constructive dismissal, the evidential burden is on you to show that the employer committed a fundamental breach of contract that you accepted by resigning — and that you did not delay too long or otherwise "affirm" the contract before leaving. That makes certain records especially important:

[ ] Evidence of the breach — the conduct you say broke the contract (for example, an unlawful pay cut, a demotion, a sustained failure to address bullying, or a serious breach of the implied term of trust and confidence)
[ ] A clear resignation letter setting out why you are resigning, ideally referencing the conduct complained of
[ ] A grievance raised before resigning, showing you gave the employer a chance to put things right
[ ] A tight chronology demonstrating you resigned reasonably promptly rather than carrying on as normal
[ ] Correspondence showing the employer's response (or lack of it) to your concerns

Constructive dismissal claims are evidentially demanding because you are proving both the breach and your response to it. A resignation letter that spells out your reasons, written at the time, is often decisive.

Harassment & discrimination evidence checklist

Harassment and discrimination claims turn on conduct and its effect on you, so contemporaneous records and witnesses carry real weight:

[ ] A detailed incident log — date, time, location, who was present, and exactly what was said or done
[ ] Offending messages — emails, texts, chat messages and social media (screenshots showing sender, date and time)
[ ] Any complaints or grievances you raised, and the responses
[ ] Witness details — colleagues who saw or heard the conduct
[ ] HR correspondence about your complaint and its handling
[ ] Evidence of impact — sick notes, GP or counselling records, occupational health reports
[ ] Comparator evidence — how people without your protected characteristic were treated
[ ] Relevant policies the employer failed to follow

Under the Equality Act 2010, the protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can be direct or indirect, and separate claims exist for harassment and victimisation (being treated badly for having complained). Because these claims often rely on inference from a pattern of behaviour, the incident log is frequently the most valuable single document you can produce.

Disability discrimination: evidence for reasonable adjustments

Disability claims under the Equality Act 2010 have their own evidential requirements, because you first need to show that you meet the legal definition of disability — a physical or mental impairment with a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Gather:

[ ] Medical evidence — GP letters, specialist reports, occupational health assessments and, where relevant, a diagnosis and prognosis
[ ] Evidence of the impact on your day-to-day activities, ideally over time
[ ] Records of what your employer knew and when — the duty to make reasonable adjustments depends on knowledge of the disability
[ ] Any adjustments you requested, in writing, and the employer's response
[ ] Evidence of the disadvantage caused by a workplace practice, and the adjustment that would have removed it

For a failure-to-make-reasonable-adjustments claim, the paper trail of what you asked for, when, and how the employer responded is usually the heart of the case.

Using a Subject Access Request to obtain evidence

One of the most useful tools available to you is a Subject Access Request (SAR) under the UK GDPR and Data Protection Act 2018. A SAR entitles you to a copy of the personal data your employer holds about you — which can include emails mentioning you, HR files, meeting notes and manager correspondence.

Key points:

The employer must usually respond within one month, extendable by up to two further months for complex requests.
There is normally no fee.
A SAR can surface documents you would not otherwise see, which is why it is often made early in a dispute.
Employers can withhold some material — for example legally privileged advice or third-party personal data — so you will not necessarily receive everything.

Timing matters: making a SAR early gives the employer time to respond before your tribunal deadline, and gives you time to use what comes back.

Digital evidence: how to capture messages the right way

Most modern claims rely heavily on digital evidence. To make it usable:

Screenshot in full context. Capture the sender's name, the date and the time — not just the message text.
Preserve originals. Where possible, keep the original email or export the message thread rather than relying on a cropped image alone.
Do not edit or annotate the source files; keep clean copies and make notes separately.
Back up promptly. Save copies to a personal device or storage you control, especially anything on a work account you may lose access to.
Keep it lawful. Only take material you are entitled to. Removing confidential employer documents you have no right to can create separate legal problems, so if in doubt, take advice first.

A note on covert recordings: tribunals sometimes admit recordings an employee made of meetings, but the position is nuanced and recording confidential internal discussions can count against you. Do not assume a secret recording will help — check before relying on one.

Witness statements: getting accounts down early

Witnesses can make or break a contested claim. To get the best out of them:

Identify them early, while memories are fresh, and note exactly what each person saw or heard.
Keep their evidence in their own words — a statement that simply echoes yours is less persuasive.
Record contact details in case they leave the organisation.
Understand willingness. Current employees may be reluctant to give evidence against their employer; the tribunal can compel attendance in some circumstances, but a willing witness is far more effective.

Your own witness statement is the backbone of your case. Draft it while your recollection is sharpest — a clear, dated, first-person account made close to events is highly persuasive.

How the evidence comes together: the tribunal bundle

At a hearing, the documents are presented in an agreed bundle — a paginated file of all the relevant documents both sides rely on. You will benefit enormously from good organisation now:

Create a single chronological file and order everything by date; this becomes the spine of the bundle.
Keep an index — date, description and source of each document.
Do not destroy or alter anything, even unhelpful documents. Concealment or "tidying up" damages credibility and can have serious consequences.
Separate your commentary from the evidence — the bundle contains documents; your arguments go in your statement and submissions.

Good organisation is not just tidiness — it directly affects how persuasive your case looks to a tribunal and how efficiently your representative can run it.

Common evidence mistakes to avoid

Even strong claims are weakened by avoidable errors. The most common are:

Leaving it too late. Evidence is easiest to gather while you still have system access and while memories are fresh. Start immediately.
Relying on memory instead of documents. A dated email beats a recollection every time. Reduce key conversations to a follow-up email where you can.
Cropped or context-free screenshots. A screenshot with no visible sender, date or time is far less persuasive and may be challenged.
Taking documents you have no right to. Removing confidential material can create separate legal problems and damage your credibility, even in a good claim.
Editing or "tidying" evidence. Altering documents — or destroying unhelpful ones — is far more damaging than the documents themselves would have been.
Ignoring the deadline while chasing more evidence. A perfectly evidenced claim filed one day late is still out of time. Protect the deadline first.

Avoiding these mistakes is often the difference between a claim that settles well and one that struggles.

Key deadlines you cannot miss

ACAS early conciliation is mandatory before you can issue most claims. You notify ACAS, who offer to help both sides settle; this can take up to around six weeks (extendable), and it effectively pauses the clock on your time limit.
The usual time limit is three months less one day from the act complained of — for example, the date of dismissal.
Employment tribunal claims are currently free to file — the fee was abolished in 2017 following the Supreme Court's decision in R (UNISON) v Lord Chancellor and has not been reintroduced.
A planned extension of the time limit to six months is expected under the Employment Rights Act 2025 but is not yet in force as of July 2026 — do not rely on it. Treat three months less one day as your deadline.

Missing the deadline is one of the most common reasons a strong claim fails. If in doubt, get advice immediately rather than waiting for more evidence to arrive.

What this could cost — and how to fund it

Before committing to a claim, it helps to understand the likely cost and how tribunal costs work (they differ from the civil courts, where the loser usually pays the winner's fees). Our guide to solicitor vs barrister fees for employment tribunals explains the fee structures, funding options such as no-win-no-fee and legal expenses insurance, and why an early, well-advised settlement is often the most cost-effective outcome.

Frequently asked questions

What is the most important evidence in an unfair dismissal claim?

The dismissal letter and the disciplinary or capability records usually matter most, because together they show both the reason for dismissal and whether the employer followed a fair procedure.

Can I use text messages or WhatsApp as evidence?

Yes. Messages, emails and social media posts are commonly used, especially in harassment claims. Keep dated screenshots that clearly show who sent the message and when, and preserve the originals where you can.

Do I need witnesses to win a tribunal claim?

Not always, but supporting witnesses strengthen your case — particularly in harassment and discrimination claims where the conduct is disputed. Identify who saw or heard each incident as early as possible.

Is there a fee to bring an employment tribunal claim?

No. Employment tribunal fees were abolished in 2017 and have not been reintroduced, so it is currently free to submit a claim. You must, however, complete ACAS early conciliation first.

How long do I have to make a claim?

Usually three months less one day from the event, subject to ACAS early conciliation, which pauses the clock. Some limits differ, so check your specific deadline quickly.

Can I get my employer's internal emails about me?

Often, yes — through a Subject Access Request under data protection law. Employers must normally respond within one month, though some material (such as legally privileged advice) can be withheld.

Should I secretly record meetings as evidence?

Be cautious. Tribunals sometimes admit recordings, but the position is nuanced and recording confidential internal discussions can reflect badly on you. Take advice before relying on a covert recording.

What if my employer offers a settlement instead?

That is common. Weigh the offer against the strength of your evidence. Our settlement agreement timeline guide explains how settlement works, the tax treatment, and how long it takes.

Do I have to gather all the evidence myself before seeing a solicitor?

No. Bring what you already have — your contract, dismissal or grievance correspondence, and a rough timeline — and an employment solicitor can tell you what else is worth obtaining, including through a Subject Access Request. Starting early is more important than starting complete.

What evidence do I need for the compensation stage?

If you win, remedy is decided partly on your financial loss, so keep records of your job search, any new earnings, benefits claimed, and out-of-pocket costs. For discrimination claims, evidence of the effect on your health and wellbeing also supports an award for injury to feelings.

Related guides

Settlement Agreement Timeline — what to expect if your employer offers a settlement instead of, or alongside, a claim.
Solicitor vs Barrister Fees for Employment Tribunals — costs, funding and who does what once you decide to bring a claim.
Unfair Dismissal — our service and Discrimination & Harassment — how Deen & Co helps with these claims.
Employment Law overview — the full range of our advice for employees and employers.

Get your claim reviewed by an employment solicitor

Deen & Co helps employees prepare and present unfair dismissal, harassment and discrimination claims from our office at 40 Bank Street, Canary Wharf, London. We can assess your evidence, identify what is missing, and advise on your prospects before a deadline passes. Learn more about the firm or get in touch below.

Book an employment claim assessment →

Last reviewed: July 2026. This checklist reflects the law in England and Wales at the date of review and is general information only, not legal advice.

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