Employment tribunal’s deal with claims brought against employers by employees. Claims can typically relate to unfair and wrongful dismissals, discrimination, equal pay, and deductions from wages.
When employment tribunals were first set up, they were intended to be a speedy, informal and inexpensive way of resolving employment disputes. However, employment law is complex, and although there is no requirement for employers and employees to be legally represented at a tribunal, many choose to have a lawyer.
Here are our 5 top tips for employers to avoid an employment tribunal.
1. Employment contracts
Under UK law, businesses are required to provide every employee with a statement of employment terms and conditions within 60 days of commencing work. Yet many businesses use poorly drafted contracts and, some have no contract in place at all. Make sure you have a current employment contract for every person you employ. This should include changes to salary and/or working hours, as well as, reflecting any changes to employment law – which come into effect in April and October each year. To avoid any actions that might be deemed a breach of contract, it is important that management and everyone on the HR team are aware of its terms.
2. Train your management
Your management is likely to be the first point of contact in disciplinary proceedings and it is vital that they have been trained in how to manage them effectively. Take the time to ensure that all managers understand the correct processes to follow and seek advice from HR. Provide managers with the training they need to be able to deal with these situations in a calm, measured way, even when dealing with potentially difficult members of staff.
3. Act early
Do not bury your head in the sand. Early identification of potential issues can resolve a situation that could later end in an employment tribunal. Even though it may feel easier to avoid awkward conversations and meetings, they could potentially resolve situations that could escalate if left unmanaged.
4. Get covered
Protect your business against costly claims by taking out legal protection insurance.
5. Get help
Do not go it alone. In the event of a dispute, it is important that you seek advice from a qualified expert. This way you can be confident that you are following the right processes, and are not leaving your business exposed to claims. Need advice? Our employment law experts are always on hand to help.
If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.