Disgruntled staff member? Beware of the Employment Tribunal

By now, it’s likely you’ll have heard about the recent decision by the Supreme Court to outlaw Employment Tribunal fees, effectively making it possible for employees to bring a claim against an employer without cost.

on the topic here

There’s little doubt that we can expect to see the number of claims being brought to tribunal shoot up following this decision.  After all, claims dropped by an estimated 75 per centfollowing the introduction of these fees and if a disgruntled employee thinks they have a chance of some compensation, even if their grounds for a claim are somewhat ‘shaky’, there’s nothing for them to lose.

It has been documented that prior to the introduction of employment tribunal fees, some employees deliberately targeted employers to try and gain compensation for discrimination.  Where it comes to sensitive matters and these ‘protected characteristics’, employers that aren’t hot on documentation, such as meeting notes or interview notes, can find themselves lacking evidence to support their case.

Dismissals are also often a potential breeding ground for employment tribunal claims.  Where it gets to the point of a member of staff being dismissed, the relationship between employer and employee is likely to have broken down irreparably.  In a disgruntled mood, an ex-member of staff may decide to take their employer to tribunal on the grounds of unfair dismissal on the ‘off chance’ now that they no longer need to pay a fee to do so.

Without wanting to scaremonger, now more than ever, it’s vital to get your HR house in order.  Keeping a paper trail is essential for protecting yourself, as is having up to date and appropriate documentation, such as contracts of employment and employee handbooks, in place.

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