Five top tips for avoiding employment tribunals

By Harrison Drury

27 Mar 2013

Roger Spence of Harrison Drury outlines the measures that can be put in place to avoid employment tribunal claims.

They say prevention is better than the cure and it seems that rarely is this clichéd statement truer than in the area of employment law.

It’s hard for me to stop sounding like a broken record at times, but the best way to avoid any employment tribunal claims is to avoid any disputes arising in the first place.

If anyone is unsure as to the effectiveness of this piece advice, they just need to look at the results. There was not one single employment tribunal brought against any of my retained clients in 2012 because of the preventative work we had done with them.

While it isn’t possible to guarantee your business will never be taken to an employment tribunal, making the risk miniscule is simply a matter of good policy and practice. Here are my top five tips for getting it right:

1. Put the right documentation in place and review it regularly

It’s a legal requirement for an employee to be given a written statement of particulars of employment within two months of their start date. Properly drafted policies to support the contract will also assist with reducing the number of disputes in the workplace. Communicate these policies and procedures to staff to ensure they fully understand them. The constantly changing nature of employment law means that documents need to be regularly reviewed to ensure they offer an employer the best protection.

2. Follow the correct procedures

Make sure you follow your company’s procedure and the ACAS Code of Practice. If procedures aren’t followed properly it could lead to an employee’s compensation award at tribunal being increased. It is essential not to overlook the training that may be required for managers to enable them to deal with problems and follow procedures correctly.

3. Treat staff equally and fairly

Tribunal claims often arise from situations where an employer is entitled to take action against an employee, but they do not deal with it fairly. This can lead to a finding of unfair dismissal in favour of the employee which could have been avoided.

4. Don’t ignore the warning signs

Time and again I see employers who delay holding disciplinary meetings with staff because they would rather not have to deal with it. Whether it is a disciplinary or grievance situation, there are usually early warning signs that there’s a problem. Tackling these problems head on can prevent them developing into a dispute.

5. Keep written records of all employment decisions

These records are important to show you are a reasonable employer. Not only can they help avoid an employment tribunal altogether, they can be vital in arguing your case in court should it come to that. Minutes should be taken at meetings, and conversations followed up in writing to confirm what was discussed. Keeping records will ensure all parties are fully aware of the situation. Seek advice from an employment specialist if you are concerned about any employment situation. Should you receive a tribunal claim from an employee, speak to your legal advisers without delay.

Latest news

1

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin