EMPLOYER GUIDE: TOP TIPS TO AVOID TRIBUNALS

1. BE OPEN MINDED

Let’s begin with a considerate and simple tip that can help your company avoid a tribunal: being open minded. When dealing with employee concerns and grievances, it’s important not to jump to conclusions. Taking disciplinary action prematurely can result in a wide range of issues. Employers who take the time to listen and understand their employees are more likely to make fairer decisions. 

Although it’s natural to react quickly when receiving information, it’s important to do your due diligence and demonstrate procedural fairness. This approach helps build trust and showcases a professional attitude. An open-minded investigation demonstrates procedural fairness, which is critical should a matter ever be scrutinised by an Employment Tribunal.

2. BE PROACTIVE AND COMMUNICATE 

This step is all about taking the time to communicate with your team. Being proactive can prevent simple issues from escalating. Conducting regular meetings such as one-to-ones, providing feedback and opening channels for employees to raise concerns allows everybody to feel heard. A proactive approach allows issues to be addressed early rather than letting resentment build.

Employees who feel listened to rather than judged are less likely to pursue a tribunal claim if they feel their employer took the time to listen to their needs and understand their concerns. 

3. HAVE CLEAR RULES AND PROCEDURES 

Rules and procedures need to be clear and well-documented. One way to ensure this is by carefully going over contracts, staff handbooks, grievance procedures and disciplinary processes. Ensuring your documents are fully up to date helps clarify expectations, standards of conduct and consequences from the outset. This proactive measure can prevent a lot of confusion.

Documentation presents evidence that proper procedures were followed, safeguarding your organisation should a matter escalate to an Employment Tribunal. Being clear and transparent from the outset can help prevent issues from going to a tribunal in the first place. 

4. HAVE A THIRD-PARTY PRESENT 

Another all too common pitfall employers find themselves in is holding important meetings alone. Having a neutral third party in attendance adds transparency and protection for all parties. An impartial third party can take accurate notes and act as an independent witness should any issues arise later. 

The presence of a third party also reassures employees that the process is being handled fairly and professionally. This is especially helpful in preventing allegations of bias and miscommunication. 

5. REMAIN CONSISTENT

One problem employers encounter is a lack of consistency in their people management. Applying different sets of rules to some employees or demonstrating preferential treatment can lead to claims of unfair treatment. One way this can be counteracted is by applying the same policies across the board. 

Consistency strengthens your credibility and demonstrates fairness. It also helps keep your business accountable by demonstrating that the same practices apply to all members of a team.

6. NOT EVERYONE IS A LAWYER

Maybe you’ve watched a few tutorials on YouTube, but that doesn’t mean you’re a lawyer. Managers and business owners are experts in running their organisations but they are no substitute for employment law experts. Acting under the assumption that you fully understand the legalities behind employment law can make you susceptible to risks.

Our advice here is to never rely on guesswork. The moment you think you know everything can be a major undoing. It’s crucial that your employee management processes are impartial and clearly documented across the board to avoid time-consuming tribunal claims. 

7. LISTEN TO PROFESSIONALS 

We will continue to emphasise the importance of listening to professionals. Employers sometimes proceed with a course of action before thinking things through or receiving expert consultation. This simple yet helpful advice can help you avoid the stress of a tribunal.

The key here is to consult with professionals before making any final decisions. Acting on expert advice by trained specialists can ensure investigations are thorough, guidelines are clear and decisions are objectively justified. 

8. JUSTICE WILL NOT ALWAYS PREVAIL 

Sometimes employers mistake being morally right for being legally compliant. Employment tribunals emphasise law, procedure and evidence. They don’t focus on sentiment. A poorly handled but seemingly justified dismissal that doesn’t go through the proper channels can result in a claim against the employer.

Our advice here is to always prioritise process over principle. Abide by fair procedures, ensure everything is documented and provide employees with the opportunity to respond. Applying these policies consistently can safeguard you from going to a tribunal.

EMPLOYMENT TRIBUNAL SUPPORT WITH CLOVER HR

Clover HR can help you avoid an employment tribunal by providing bespoke HR consultant services and solutions. We’re an award-winning HR consultancy who tailor our services to best support your business. This way, you receive just the help you need to navigate complex workplace issues. Discover all the HR solutions we can provide your business by calling us on 0330 175 6601, emailing us at info@cloverhr.co.uk or filling out our contact form.