How to protect your business from the rising risk of the employment tribunal

By KMC Human Resources

30 Aug 2019

coffee-cup-photo-1.jpg

Employment Tribunal cases, which are recorded and reported on a quarterly basis, have been showing a steady increase since ET fees were abolished on 26th July 2017. The number of single claims has been increasing quarter on quarter, with only one quarter showing a slight dip (from 8,900 to 8,500) before rising again. In recently published statistics, there were 9,500 single claims, a rise of 6% when compared to the same period in 2018. The figures are brought into greater context when compared with the same period in 2017, prior to the ruling which outlawed employment tribunal fees, when the number of cases was 4,300.

These statistics certainly indicate that employees are increasingly prepared to bring claims now that fees have been abolished. So what steps can you take to protect your company from the risk of being taken to tribunal?

There are many problematic areas of employment that could potentially give rise to employees making a claim, ranging from unfair dismissal through to bullying and harassment. The first step you should take is to ensure that you have a full set of policies and procedures in place and that these are up to date.  As a starting point, a contract of employment that is relevant to the job role should be issued. There are a whole host of policies and procedures that your business should cover, just a few suggestions are listed below:

Absence – sickness, lateness, medical appointments, holidays and other leave Equal opportunities and discrimination IT, Social media and device usage Disciplinary and grievance Bullying and harassment Family policies – maternity, paternity etc Health and safety Dismissal and end of contract

A systematic approach to record keeping is also essential – from employee absence records through to detailed information relating to any disciplinary procedures. The most common reason for tribunals is unfair dismissal claims, so in the event that this sort of claim is made against you, being able to prove that you have taken the correct steps is essential. Using an HR management system such as breatheHR can significantly reduce time and effort spent on HR administration, ensuring that you have up-to-date, accurate information at your fingertips.

Even with all of the correct documentation in place, you can’t always account for the actions of your team. Training line managers so they are aware of employment laws and how they should deal with and speak to staff can go a long way to preventing issues occurring.

If an employee does make a claim, you should be aware that prior to reaching the employment tribunal, employees must first contact ACAS to enter into Early Conciliation (EC). This is an opportunity to reach settlement between the two parties. Be sure to take this process seriously and take advice on your options. If the process fails, the employee is then able to lodge a claim with the employment tribunal. So be sure to consider all your options – although you may not want to settle, in doing so you could save a great deal of time and potentially cost, so it may just be worth the compromise.

For more information or assistance of tribunal-proofing your business, please get in touch with us.

Latest news

1

REVEALED: Red Rose Awards winners 2026 Red Rose Winners 2026

REVEALED: Red Rose Awards winners 2026

14 Mar 2026

2

Panache Cruises makes key hire ahead of Australian launch Julliana Nasmith and James Cole

Panache Cruises makes key hire ahead of Australian launch

12 Mar 2026

3

Blackburn bids to become the UK’s first Town of Culture Blackburn Town of Culture bid taken by Robin Zahler

Blackburn bids to become the UK’s first Town of Culture

12 Mar 2026

4

New chapter for Guy’s Thatched Hamlet after Bowland Inns and Hotels acquisition Thatched Hamlet Terrace at Guys

New chapter for Guy’s Thatched Hamlet after Bowland Inns and Hotels acquisition

11 Mar 2026

5

Heritage manufacturers embrace digital technology with Made Smarter Siddique Rasul digital project manager and Steve Allen of Darwen Terracotta

Heritage manufacturers embrace digital technology with Made Smarter

11 Mar 2026

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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Could your business be a King’s Award winner?
King's Cross Awards
LBV Hub
18 Mar 2026

Could your business be a King’s Award winner?

11 Victoria Street, Preston, Lancashire, PR1 7QS

16:00 - 18:00

Preston Freelancer Meet-Up and Coworking Day: March
March Freelancer Square.png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

Preston Freelancer Meet-Up and Coworking Day: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Header (30).png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

The Business Network Central and East Lancashire

Barton Manor, Preston, PR3 5AA

11:30 - 14:15

Exploring Debt Finance: Unlocking SME Growth
LCC Event Logos
LBV Hub Exhibitions
24 Mar 2026

Exploring Debt Finance: Unlocking SME Growth

Farleys Solicitors, 3 Mead Way, Shuttleworth Mead, Padiham, Burnley, BB12 7NG

09:00 - 12:00

Invest in Pendle: A Live Celebration Event
Northlight photograph
LBV Hub
25 Mar 2026

Invest in Pendle: A Live Celebration Event

The Leisure Box, Northlight Mill, Glen Way, Nelson, BB9 5NH

12:00 - 14:00

The Marketing Meetup Lancashire
TMM Lancs - 27th Jan.jpg.jpg
LBV Hub Networking
25 Mar 2026 - 25 Mar 2026

The Marketing Meetup Lancashire

Six Connections, One Slater Terrace, Burnley, BB11 1BU

18:00 - 20:00

The Employment Rights Act 2025: What you need to know
Logo.jpg.jpg
LBV Hub Seminars
26 Mar 2026 - 26 Mar 2026

The Employment Rights Act 2025: What you need to know

Lancaster & Morecambe College, Lancaster, LA1 1TZ

08:00 - 10:00

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 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