Home Advice for Parents & CarersTribunals Do I have to leave my job before making a claim to an employment tribunal?

Do I have to leave my job before making a claim to an employment tribunal?

Last updated: 26 Apr 2022

You do not have to have left employment in order to bring most kinds of Employment Tribunal claims. For example, if you have been refused promotion because of pregnancy, you can claim sex discrimination while you are still working for your employer. However, in practice, it can be quite awkward to bring a claim against someone you are still working for.  

If you have left employment and can show that your employer’s conduct was so bad that you had no choice but to resign you may have a claim for ‘constructive dismissal’ but these are difficult claims to bring and you can never be sure of a successful outcome so it is best to seek advice first.

This advice applies in England and Wales. If you live in another part of the UK, the law may differ. 

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The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.

We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.