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

College restaurant honoured with top culinary award from prestigious chefs’ guild Karen Lilley Front Of House Lecturer David McKown David Lyon Scholars Manager And Blackburn College Principal Dr Fazal Dad

College restaurant honoured with top culinary award from prestigious chefs’ guild

10 Jun 2025

2

Cosmetic manufacturer lets new unit on Frontier Park, Burnley Badgequo have agreed to let the site on Frontier Park

Cosmetic manufacturer lets new unit on Frontier Park, Burnley

10 Jun 2025

3

SQ Digital celebrates 25 years and enters new era with CEO appointment Kamal Essa

SQ Digital celebrates 25 years and enters new era with CEO appointment

09 Jun 2025

4

New chair appointed to Atlas BFW Management Graham Cowley

New chair appointed to Atlas BFW Management

09 Jun 2025

5

Napthens makes key appointments to further growth strategy of newly appointed managing director Napthens appointments Jayna Mistry, Onyeka-Obedi and Rebecca Rhodes

Napthens makes key appointments to further growth strategy of newly appointed managing director

09 Jun 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
Sub36 Networking
Sub36 Social1200pxandi Lewis
Networking
11 Jun 2025

Sub36 Networking

Mytton Fold Hotel , Blackburn , BB6 8AB

09:30 - 11:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

LBV123 July/August Launch Event
Lancashire Business View magazine launch
Networking
16 Jul 2025

LBV123 July/August Launch Event

Burnley College Industry Hub, Burnley, BB120AN

08:30 - 10:30

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

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

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

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

09:00 - 15:30

The Business Network Central & East Lancashire
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Preston Freelancer Meet-Up
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

Preston Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron
BU-June-Event-BRAD-1.jpg.jpg
LBV Hub Networking
18 Jun 2025 - 18 Jun 2025

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron

Blackpool Football Club, Bloomfield Rd, Seasiders Way, Blackpool, FY1 6JJ

08:30 - 11:30

Chamber Business Lunch – June
Chamber Logo1.png.png
LBV Hub Networking
20 Jun 2025 - 20 Jun 2025

Chamber Business Lunch – June

Lancaster House Hotel, Bailrigg, Lancaster, LA1 4GL

11:00 - 13:30

90 day Business Planning Workshop
LBV Event Header.png.png
LBV Hub Seminars
20 Jun 2025 - 20 Jun 2025

90 day Business Planning Workshop

Bolton Arena, Arena Approach, Horwich, BL6 6LB

09:00 - 16:30

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 LBV122 Online Graphic
Subscribe now

Weekly news bulletin