When might the civil courts be involved?

Not all employment related cases go to a tribunal, and sometimes you can choose from a number of options. For example if you have been wrongfully dismissed – rather than unfairly dismissed - you can take a case either to a tribunal or pursue it through the civil courts.

Civil courts, but not tribunals, can hear claims for breach of contract which do not involve dismissal, for example, if your employer changes your contract without your agreement.

These courts can also hear claims for personal injury if you are injured in the workplace or suffer ill health as a result of your working environment and want to sue your employer for damages. For personal injury claims, you will need specialised legal help.

If you are a union member your union will probably have an arrangement with a firm of specialist lawyers and will pick up any legal costs. If you win, costs are likely to be awarded against the employer.

If you are not in a union and don’t work in a union workplace, a local advice agency will also be able to recommend solicitors who specialise in personal injury cases. Many solicitors will take such cases on a “no win, no fee” basis if they think you have a good case.