Understanding the prospects of success when taking legal action against your employer
Taking legal action against your employer can feel like an uphill battle. Whether it’s for unfair dismissal, wage disputes, discrimination, or workplace bullying, deciding to pursue justice through formal channels is a significant step. One of the most important questions to ask early in the process is: What are my chances of success?
In the UK, prospects of success in employment claims are assessed by legal professionals to determine whether a case is strong enough to proceed. This page explains how that assessment is made, what factors affect the likely outcome, and how to navigate the process with confidence.
What are prospects of success?
“Prospects of success” refers to the likelihood that your claim will result in a favourable legal outcome—typically a settlement or a ruling in your favour at an employment tribunal.
Legal professionals usually express this probability as a percentage. For instance:
- Above 50%: Good chance of success (case may proceed under a no win-no fee or LEI policy)
- Below 50%: Limited chance of success (legal funding may be withheld)
Insurers, solicitors, and funders often require a minimum threshold before committing to representation or coverage. Legal expenses insurers, in particular, usually demand a prospect of success of at least 51% for a claim to be considered viable.
Key factors that determine success
- Strength of evidence
Your claim must be supported by clear, documented evidence. This includes:
- Emails, messages or notes relevant to the dispute
- Employment contracts and workplace policies
- Records of grievances, investigations or disciplinary hearings
- Witness statements from colleagues
A claim based on strong evidence will stand a far greater chance of success than one based solely on hearsay or assumption.
- Legal merit of your claim
Not all workplace issues are legally actionable. For instance:
- Feeling unfairly treated isn’t always equivalent to unfair dismissal
- Harsh management styles do not always qualify as harassment
- Mistakes in pay may not be illegal deductions if corrected quickly
A solicitor will consider whether your situation falls within statutory employment rights or breaches of contract. If your claim does not meet the legal threshold, it may be deemed weak or unlikely to succeed.
- Compliance with time limits
Employment tribunal claims must typically be brought within three months minus one day of the incident or last act of discrimination. Missing this deadline—unless there are exceptional circumstances—can severely impact your chances of success, regardless of how strong your case might be.
Early legal advice is crucial to avoid being timed out.
- Conduct and credibility
Your behaviour during and after the employment relationship can affect your case. An employment tribunal will take into account whether you:
- Attempted to resolve the dispute internally
- Followed company procedures and policies
- Responded honestly to enquiries or investigations
Credibility plays a large role in tribunal decisions. An employee who appears reasonable, truthful and well-prepared is more likely to win favour with the panel.
- Employer’s conduct and evidence
The strength of your case is also shaped by the employer’s actions. Did they:
- Act in line with their own policies?
- Follow fair procedures when dismissing or disciplining you?
- Offer written reasons and a chance to respond?
Tribunals assess whether an employer acted within the band of “reasonable responses.” If they did not, the employee’s prospects of success significantly improve.
The importance of legal advice
Evaluating the prospects of success is not a DIY process. Legal professionals and advisers can:
- Analyse evidence and assess legal merit
- Guide you through internal processes (grievances, appeals)
- Determine whether your case meets funding criteria
- Explain potential outcomes, including compensation estimates
Many firms offer initial consultations to help you understand your position before moving forward.
Realistic outcomes and expectations
Even when the odds seem favourable, no legal claim is ever guaranteed to succeed. Many claims are resolved through:
- Negotiated settlements before the tribunal
- Early conciliation via ACAS (a mandatory step before filing)
- Withdrawal or dismissal based on new evidence or procedural issues
A successful claim might result in:
- Financial compensation
- A formal apology or reference
- Reinstatement (though rare and often impractical)
You may also face partial success, where the tribunal agrees with some aspects of your case but not others.
Final thoughts: Empowerment through clarity
Understanding your prospects of success allows you to make informed decisions about legal action. It’s about weighing risks, recognising the importance of evidence, and approaching the process with realism and resolve. At The Workers Union, we advocate for accessible, transparent information to help working people protect their rights with clarity and confidence.
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