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

Howden to sponsor Red Rose Transformation Award Red Rose Awards

Howden to sponsor Red Rose Transformation Award

09 Nov 2026

2

Work starts on £8bn Typhoon contract Typhoon1

Work starts on £8bn Typhoon contract

09 Nov 2026

3

Sustainable Investments Group sells minority stake Will Munday 1

Sustainable Investments Group sells minority stake

09 Nov 2026

4

Planning consultants De Pol in office relocation 20261109 De Pol Associates

Planning consultants De Pol in office relocation

09 Nov 2026

5

Lancashire Leaders: Dr Michele Lawty-Jones - the power of skills Michele Lawty- Jones Sep-Oct

Lancashire Leaders: Dr Michele Lawty-Jones - the power of skills

09 Nov 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
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

The Business Network Central and East Lancashire
12 Nov 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Ai in business: protect, innovate & grow
Door4 Forbes 12 Nov 2026

Ai in business: protect, innovate & grow

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

Lancaster District Business Support Expo
Lancaster And Morecambe Logo 1 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin