Building a comprehensive evidence file is crucial when dealing with discrimination. While discrimination can feel deeply personal and subjective, employment tribunals rely primarily on documented evidence to make decisions.
Why Building Evidence Matters
Creating an evidence file serves several important purposes:
- Legal preparation – Provides documentation if you need to proceed to an employment tribunal
- Pattern recognition – Helps you identify trends and understand the full scope of what’s happening
- Organizational feedback – Can be used when raising formal complaints or grievances
- External support – Allows trusted advisors, union representatives, or legal professionals to provide informed guidance
- Personal clarity – Helps you process events and maintain an objective record
What Constitutes Evidence
Evidence is any verifiable information that supports your case. This can include:
Written communications:
- Emails, text messages, instant messages
- Letters, memos, or formal notices
- Performance reviews or disciplinary records
- Company policies and procedures
Digital records:
- Screenshots of conversations or documents
- Photos of notices, signs, or physical evidence
- Audio recordings (where legally permitted)
- Video recordings with commentary
Witness information:
- Names and contact details of potential witnesses
- Written statements from colleagues who observed incidents
- Records of who was present during specific events
Timeline documentation:
- Dates, times, and locations of incidents
- Context surrounding each event
- Your responses or actions taken
Collection Best Practices
Use Personal Devices
Always collect evidence on your personal devices rather than company equipment. Company devices may have monitoring software, and messages or files could be automatically deleted or become inaccessible if you leave employment.
Act Quickly
Some evidence may disappear automatically:
- Temporary messages on company platforms
- Email retention policies that delete old messages
- Security footage that gets overwritten
- Witnesses who may leave the organization
Multiple Formats
Where possible, capture evidence in multiple ways:
- Screenshot the original message AND photograph your screen
- Save original files AND take photos of printed versions
- Record video commentary explaining context while reviewing evidence
Maintain Chronological Order
Organize your evidence chronologically to create a clear timeline. This helps identify patterns and makes it easier for others to understand the progression of events.
Legal and Ethical Considerations
Intellectual Property
Be mindful of company intellectual property. While collecting evidence for personal legal use is generally acceptable, avoid:
- Sharing company documents with unauthorized third parties
- Distributing proprietary information unnecessarily
- Taking excessive amounts of unrelated company data
Data Protection
Handle personal data of colleagues responsibly:
- Only collect what’s relevant to your case
- Store information securely
- Be cautious about sharing others’ personal information
Recording Laws
Check legal requirements in your jurisdiction:
- Some areas require consent from all parties before recording conversations
- Covert recording may be legally problematic depending on circumstances
- When in doubt, consult with legal professionals about recording
Storage and Security
Backup Everything
- Store evidence in multiple secure locations
- Use cloud storage with strong passwords
- Keep physical copies of critical documents
- Consider encrypted storage for sensitive information
Access Control
- Only share evidence with trusted individuals
- Avoid discussing cases on social media
- Be selective about who has access to your evidence file
Organization
- Use clear folder structures and file names
- Include dates in filenames (YYYY-MM-DD format works well)
- Create an index or summary document
- Regular backups ensure nothing is lost
Documentation Tips
Contemporary Records
- Document incidents as soon as possible after they occur
- Include specific dates, times, locations, and people involved
- Record exact quotes when possible
- Note your emotional state and any physical symptoms
Context Matters
- Explain the significance of each piece of evidence
- Provide background for people unfamiliar with your workplace
- Connect incidents to relevant policies or legal protections
- Explain how each incident affected you
Video Commentary
Consider recording yourself reviewing evidence while explaining context. This approach:
- Is harder to manipulate than screenshots alone
- Allows you to provide real-time explanation
- Captures your genuine reactions and understanding
- Creates a more compelling narrative
Getting Professional Input
Union Representatives
If you’re a union member, representatives can:
- Review your evidence and identify gaps
- Provide advice on strengthening your case
- Offer guidance on workplace procedures
- Support you through formal processes
Legal Advice
Employment solicitors can:
- Assess the strength of your evidence
- Identify additional evidence that might be helpful
- Advise on legal requirements and deadlines
- Guide you through tribunal procedures
Support Organizations
Groups like ACAS, Citizens Advice, or specialist discrimination charities can:
- Provide free initial guidance
- Help you understand your rights
- Suggest additional resources
- Connect you with appropriate professional help
Important Reminders
- Quality over quantity – Focus on relevant, clear evidence rather than collecting everything
- Consistency matters – Maintain regular documentation habits
- Stay objective – Record facts rather than just emotions or opinions
- Seek support – Don’t try to build your case entirely alone
- Professional advice – Consider legal consultation before taking formal action
Remember that building evidence is not about creating a case where none exists, but about properly documenting genuine issues. If you’re unsure whether your experiences constitute discrimination, professional advisors can help you understand your situation objectively.
This process can be emotionally challenging, so ensure you have appropriate support throughout the evidence-gathering phase.