Pre-Action Protocol (PAP)

In This Article

• What is a Pre-Action Protocol?
• PAP vs ACAS Early Conciliation
• When sponsored workers might use PAP
• The letter before action
• What happens if you skip PAP
• Practical steps for sponsored workers
• Frequently asked questions
• Related terms

What Is a Pre-Action Protocol?

Pre-Action Protocols are part of the Civil Procedure Rules that govern how civil cases are conducted in the courts of England and Wales. They exist to:

1. Encourage early exchange of information so both sides understand the dispute
2. Promote settlement without court proceedings, saving time and cost
3. Ensure that going to court is a last resort

There are specific PAPs for different types of claim (personal injury, clinical negligence, construction, etc.), and a general pre-action conduct practice direction that applies to all other civil claims — including employment-related breach of contract claims.

In practice, the process follows a predictable sequence:

• The claimant sends a letter of claim setting out the facts, the legal basis, and the remedy sought
• The defendant acknowledges within 14 days
• The defendant responds in full, typically within 14–28 days, stating whether they accept or dispute the claim
• Both parties consider alternative dispute resolution (ADR) such as mediation or negotiation

PAP vs ACAS Early Conciliation

These are different processes for different forums:

For sponsored workers, the distinction matters because:

• Wrongful dismissal (breach of contract) can be claimed in either the tribunal (up to £25,000) or the county court (unlimited) — PAP applies to the county court route
• Unfair dismissal and most statutory employment claims go to the tribunal — ACAS conciliation applies instead

When Sponsored Workers Might Use PAP

PAP is most relevant for sponsored workers in these scenarios:

Breach of contract claims exceeding £25,000: If your employer breached your contract and the damages exceed the employment tribunal's £25,000 cap (e.g., a senior employee dismissed without a 6-month notice period worth £60,000), you would bring the claim in the county court and follow PAP.

Unlawful deduction from wages (civil route): While most wage claims go to the tribunal, complex cases involving contractual disputes over bonus payments, commission structures, or equity may be pursued civilly.

Employer withholding documents or property: If your employer retains your passport, documents, or personal property after termination, a county court claim may be appropriate — and PAP must be followed first.

Disputes with immigration advisers or solicitors: If you receive negligent immigration advice that affects your visa status, a professional negligence claim in the county court requires PAP compliance.

The Letter Before Action

The letter before action (also called "letter before claim") is the most important step in the PAP process. It should include:

• Your full name, address, and any reference numbers
• A clear, chronological summary of the facts
• The legal basis for your claim (which contract term was breached or duty owed)
• The loss you suffered, quantified where possible — for example, lost notice pay, expenses, or visa costs
• The specific compensation or action you want
• A deadline to respond, typically 14 days for acknowledgement and 28 days for a full response
• A warning that court proceedings will follow if the matter is not resolved

For sponsored workers, the letter should also note any time-sensitive immigration consequences — such as a curtailment period running or costs incurred to maintain visa status because of the employer's breach.

What Happens If You Skip PAP

Courts take PAP compliance seriously. If you issue proceedings without following the protocol:

• The court may stay (pause) proceedings and order you to comply with PAP first
• You could face adverse costs orders, meaning you pay the defendant's costs even if you win
• Your own costs recovery may be reduced
• The court may draw negative inferences about your willingness to resolve matters

Equally, if the defendant ignores your PAP letter, the court will look unfavourably on them.

Practical Steps for Sponsored Workers

If you are considering a civil claim against your employer:

1. Act quickly. Most contract claims have a 6-year limitation, but immigration timelines (60-day curtailment) are much shorter. Get legal advice immediately.
2. Contact ACAS first. Even if your claim is heading to the county court, ACAS can advise whether the tribunal route is better (cheaper, no court fees).
3. Instruct a solicitor. PAP letters carry more weight when sent by a solicitor. Many employment solicitors offer free initial consultations.
4. Save your employment contract, payslips, correspondence, and any communications about your dismissal or visa status.
5. Do not delay immigration action. Pursuing a legal claim does not pause your visa clock. Find a new sponsor or apply to switch routes while the claim proceeds.

Frequently Asked Questions

Do I need to follow PAP before an employment tribunal claim?

Employment tribunal claims have their own pre-action process — ACAS Early Conciliation — which is mandatory before filing. The Civil Procedure Rules PAP applies to county court or High Court claims, such as breach of contract claims for wrongful dismissal above the tribunal limit (£25,000).

What happens if I skip the Pre-Action Protocol?

The court can impose cost penalties on a party that fails to follow PAP without good reason. This could mean paying the other side's legal costs even if you win your case, or having your own costs reduced. Courts take PAP compliance seriously.

How long does the PAP process take?

The general PAP requires the defendant to acknowledge a letter of claim within 14 days and provide a full response within a reasonable time (typically 14–28 days, depending on the protocol). Specific protocols may set different timescales. The entire pre-action phase usually takes 1–3 months.

Can I follow PAP from outside the UK?

Yes. Letters before action and PAP correspondence can be sent from abroad, and solicitors can act on your behalf. If your employment was in the UK, the English courts retain jurisdiction regardless of where you are now living.

Related Terms

• Wrongful Dismissal
• Curtailment of Leave
• Changing Visa Sponsors
• Skilled Worker Visa
• Leave to Remain

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