Avoiding Employment Tribunals

The number of Employment Tribunal claims received in 2009-10 was 236,100, an increase of 56 per cent on the 2008-09 figures.  A huge increase in the number of multiple claims is partly to blame but the recession is also seen as responsible, giving rise to more redundancy/dismissal claims. 

The highest award was £729,347 for disability discrimination (average £52,087), and costs were nearly 4 times as likely to be awarded to the respondent.

Whatever the statistics, and whether the employer wins or loses, the costs are high: not just payments, but consultants’ and lawyers’ fees, management time, damage to the business, and relations with other staff members.  There are some straight forward ways to minimise your risk of facing a Tribunal.

• Make sure your Employment documentation is complete and up-to-date: contracts, policies and procedures.¬† And make sure they are available and familiar to all employees and management.
• Follow the procedures.¬† Line managers may need training to ensure that they don‚Äôt make errors.
• Deal with problems early.¬† Start informally if appropriate and address the issue to try and prevent conflict which leads to a legal process. ¬†Whether it is a conduct, performance or a grievance, start the process as soon as possible.
• If a claim is made, seek advice if you are not sure how to proceed.¬† Again, it can be costly and time consuming if you don‚Äôt follow the procedure and timetable correctly.