Employment Claims in the Civil Courts: Important Facts About Taking an Employer To Small Claims Court

Before starting a case, you’ll need to follow your employer’s grievance process and attempt to resolve the issue amicably. If that doesn’t work, and mediation through ACAS (the Advisory, Conciliation and Arbitration Service) doesn’t lead to a solution, you can take legal action.

With CaseCraft.AI, you can build your case with confidence. Our simple, secure service helps you prepare documents, gather evidence, and keep track of your case as it progresses.

Do I Need To Follow a Workplace Grievance Process Before Taking My Employer To Small Claims Court?

Yes, before you can take your employer to small claims court, you need to show that you’ve tried to resolve the issue by following your workplace’s grievance process. Courts expect employees to give their employer a fair chance to sort things out internally before resorting to legal action.

Here’s What Typically Happens When You Bring a Grievance Against Your Employer:

1. The issue is raised informally (where possible): Start by talking to your manager, HR department, or another relevant person at work. Explain the issue calmly and clearly, for example, that your wages haven’t been paid, or you believe you’re owed contractual holiday pay. Keep notes of these conversations, just in case. If this doesn’t resolve things, or you’re uncomfortable raising the issue informally, move to the formal stage.

2. Submit a formal grievance in writing: Write a formal grievance letter or email to your employer. This should include a clear explanation of the issue, what outcome you’re seeking (e.g. payment of unpaid wages), and any relevant dates or evidence. Be specific, factual, and polite. Keep a copy of the grievance for your records

3. Attend a grievance meeting: Your employer should invite you to a meeting to discuss your grievance. This is your opportunity to present your side of the story and any evidence. You have the right to be accompanied by a colleague or trade union representative. Take notes during the meeting or ask for minutes afterwards.

4. Receive a decision: After the meeting, your employer should give you a written decision explaining their response and any action they plan to take. This should happen within a reasonable timeframe.

5. Appeal the decision (if needed): If you’re unsatisfied with the outcome, you can appeal. You’ll usually need to do this in writing, explaining why you disagree with the decision. Your employer should then arrange an appeal hearing. You’re entitled to bring someone with you for support.

If you skip this step, a judge could reduce your compensation, or in some cases, dismiss your case entirely.

What Should I Do if My Employer Refuses To Engage in the Grievance Process?

If your employer refuses to reply or take your grievance seriously, keep copies of all emails, letters, and notes of conversations. These records can help show a court that you acted reasonably and tried to settle the matter before claiming.

If possible, escalate your grievance to a more senior manager, HR leader, or head office. Larger employers often have a formal appeal stage; you should use this if available.

Even if your employer won’t engage in the grievance process, you can suggest independent mediation through ACAS. While ACAS mediation is not technically required before bringing a small claims court case against your employer, sometimes taking this step prompts employers to engage more seriously.

What Is ACAS Mediation, and Do I Have to Contact ACAS Before I Can Take My Employer To Small Claims Court?

ACAS mediation, also known as Early Conciliation, is a free service provided by ACAS (the Advisory, Conciliation and Arbitration Service). It’s designed to help employees and employers resolve disputes without going to an employment tribunal.

You don’t need to go through ACAS mediation before taking your employer to small claims court. ACAS Early Conciliation is only mandatory if you’re making a claim to an employment tribunal. It’s not required for breach of contract or unpaid wages claims brought through the small claims track.

However, even though ACAS mediation is not compulsory for civil court claims, it can still be helpful. ACAS can assist you in reaching an early agreement with your employer that saves time, stress, and court fees, especially if you’re still employed or want to preserve the working relationship.

Do I Have a Choice on Where I Bring My Claim?

Wondering, “Can I take my employer to small claims court, or do I have to go through the employment tribunal?” Certain employment claims, especially those involving money owed under your contract, can be brought in civil courts or an employment tribunal. In general, taking an employer to small claims court is simpler and quicker than going to an employment tribunal, because you benefit from:

• Longer time limits: Civil courts give you up to 6 years to bring a breach of contractt claim, compared to just 3 months (less one day) in a tribunal.
• No cap on compensation: Civil courts don’t limit how much you can be awarded, unlike some tribunal claims.

However, switching to the civil courts isn’t always possible if you’ve already started a claim in an employment tribunal. A legal rule called “cause of action estoppel” prevents the same issue from being decided in two places. If a tribunal has already ruled on your case, you can’t bring it again in the civil courts.

That said, if your tribunal case hasn’t reached a final decision and is still within time limits for the civil courts, you may be able to withdraw it and restart your claim under the terms for small claims court employment disputes. Always get legal advice before doing this, as the rules are complex.

I’ve Already Claimed in the Employment Tribunal, Can I Make Another Claim in Civil Courts?

In most cases, no, you can’t claim for the same issue twice. If you’ve already brought a tribunal claim for something like unpaid wages and received a final decision, you can’t bring that same claim in civil court. This is because of the “cause of action estoppel” rule, which stops legal disputes from being re-litigated in different forums.

However, if you withdrew your tribunal claim before a final decision was made, you might still be able to take your employer to small claims court, as long as you’re within the six-year time limit.

Before switching routes, get legal advice. Timing and technicalities matter here.

Which Civil Court Hears Employment Claims?

If your claim is about money owed under your employment contract, like unpaid wages or notice pay, it can usually be heard in the county court. Claims in civil court are sorted into three tracks based on value and complexity:

• Small claims track: This track is for simple cases under £10,000. Cases are heard informally, often in a judge’s office (“chambers”).
• Fast track: For claims between £10,000 and £25,000, with a more structured process.
• Multi-track: For complex or high-value claims, often with detailed legal procedures.

If your case is straightforward and you are claiming for less than £10,000, it’s likely to be allocated to the small claims track.

What Employment Breach of Contract Claims Can Be Brought in the Small Claims Track?

The small claims court can handle breach of contract claims where your employer owes you money, including:

• Unpaid wages
• Unpaid notice pay
• Unpaid contractual holiday pay (Note: If your holiday pay claim is based on Working Time Regulations, it must go to an employment tribunal)
• Compensation for contractual changes to your job terms

Small claims court employment disputes can be brought during or after your employment, as long as the total value doesn’t exceed £10,000. Remember that unfair dismissal, discrimination, and redundancy pay disputes must be brought to an employment tribunal, not the civil courts.

What happens after your win your case?

Taking your landlord to small claims court and winning the case is just the start when it comes to getting your money back.

When a judgement is made the court should then order the landlord to pay you the awarded amount within a given time (usually 14 – 28 days) which may include the amount of your full claim, costs and some cases, interest.

If they refuse to pay you, options of enforcement include:

• Warrant of control. Court bailiffs can come into the property to either collect money or take goods.
• Attachment of earnings. Money can be taken directly from the landlords wages (if employed).
• Charging order. A legal charge is put on your landlord’s property.

Tenants should be very careful about enforcement action. Some enforcement measures require you to pay in advance (often added to the debt) and there is often extra paperwork.

What Are the Advantages of Bringing a Claim in the Small Claims Track?

Bringing your employment dispute to small claims court can be a practical and less intimidating way to get what you’re owed. Here’s why:

• More time to act: You have up to 6 years to bring a civil claim, much longer than the 3-month tribunal deadline.
• You can claim while still employed: Tribunals usually require your contract to have ended before you can claim for breach of contract. In civil court, you don’t have to wait.
• Low cost risk: Each side usually pays their own legal costs, even if they lose. You’re unlikely to be ordered to pay your employer’s legal fees unless you’ve behaved unreasonably or brought an obviously weak claim.
• Free mediation available: County courts offer free mediation for small claims. This can help you settle without the stress of a full hearing.
• User-friendly process: Small claims court is designed for people without lawyers. The process is informal, and you can handle it yourself with the right guidance.

If your case is moved to the fast track or multi-track, legal costs can rise sharply. Always get legal advice if your claim is over £10,000.

Are There Any Fees Associated With Filing a Claim in Small Claims Court, and if So, How Much Are They?

Yes, there are court fees you’ll need to pay when taking an employer to small claims court. These fees are based on the amount of money you’re claiming and whether you submit your claim online or using a paper form.

How Much Does It Cost to Start a Small Claim?

Here’s a breakdown of the current court fees (as of 2025):

You can check the most up-to-date fees on the gov.uk court fees page.

Do I Have to Pay the Small Claims Court Fee Upfront?

Yes, you’ll need to pay the fee when you submit your claim. If you use the Money Claim Online service, you’ll pay securely by debit or credit card at the time of filing.

Can I Get Help With the Fees?

If you’re on a low income or are receiving certain benefits, you may be able to apply for help with court fees using the Help with Fees scheme. If approved, you may not have to pay anything upfront or you may only have to pay part of the fee.

How Do I Bring a Small Claims Track Case Against My Employer, and What Happens Next?

Here’s a step-by-step guide on what to expect when taking your employer to small claims court:

1. Send a letter before action: Before going to court, write to your employer. Send this letter by recorded delivery, and keep a copy. Your letter should:

• Clearly explain how much you’re owed and why
• Give them 14 days to respond or pay
• Warn that you’ll take legal action if they don’t reply

2. File your claim: You can start your case by completing Form N1 (downloadable at justice.gov.uk) or using the online Money Claim Service. You don’t need a lawyer. 

Once submitted, the court will register your claim and assign a case number. They will also notify your employer (now called “the Defendant”), who will have 14 or 28 days to respond.

3. If they don’t respond: Ask the court for a default judgment, meaning the court may automatically rule in your favour. This is easier if you’ve clearly stated the amount you’re claiming.

4. If they do respond: If your employer defends the claim, the court will allocate it to a track (most likely small claims). You might receive a letter or be invited to a short Allocation Hearing, where a judge decides how the case should proceed. Attend this hearing, as missing it could harm your case.

5. Follow directions: The court will give both sides a list of instructions (called Directions), which may include exchanging evidence, preparing witness statements and preparing a shared bundle of documents for the hearing.

6. Prepare for the final hearing: You’ll need to organise your paperwork, submit any required witness statements, and bring your document bundle (your employer usually prepares this and shares a copy with you).

The hearing may be informal, often held in chambers rather than a courtroom. In some cases, the judge can decide the outcome without a hearing. Make sure to arrive at court at least 30 minutes early, bring all your documents, and consider bringing a friend or relative for support.

How Can CaseCraft.AI Help Me With My Small Claims Case Against My Employer?

Taking your employer to small claims court can feel daunting, especially if you’re doing it on your own. That’s where CaseCraft.AI comes in. We help you stay in control of your case, every step of the way, with smart tools designed to simplify the process and reduce stress.

Here’s how we can support you:

Drafting legal documents: Our platform guides you through creating key documents like your Letter Before Action, Form N1 (claim form), and witness statements, using clear prompts and templates tailored to employment-related claims. There’s no confusing legal jargon,  just straightforward language you understand.

Organising your evidence: Easily upload payslips, contracts, emails, and other documents to your secure dashboard. We’ll help you compile a clear, court-ready evidence bundle, so everything’s in one place and nothing gets missed.

Tracking deadlines: Never miss an important deadline. CaseCraft.AI gives you a personalised timeline that keeps you on top of submission dates, hearing schedules, and other critical steps in your case.

Expert Tips and Guidance: We break down the small claims process into bite-sized steps with tips and explanations along the way, from writing your first letter to preparing for your final hearing. You’ll feel informed, empowered, and ready.

Secure and Confidential: Your case details stay private. We use encrypted storage to keep your data safe and compliant with UK data protection laws.

Whether you’re claiming unpaid wages, notice pay, or other contract-based compensation, CaseCraft.AI helps you prepare confidently and act decisively, so you have the best possible chance of securing the compensation you deserve.