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

Eighth year of growth for Brabners Brabners London office

Eighth year of growth for Brabners

28 Jan 2026

2

PNE confirm talks with US-Saudi businessman Preston North End. Pic by Dave O, Shutterstock

PNE confirm talks with US-Saudi businessman

27 Jan 2026

3

Lancashire innovation growth programme boosted by new senior appointments Prof Andy Schofield Prof Graham Baldwin Rebecca Latham Dr Robert Holbrook

Lancashire innovation growth programme boosted by new senior appointments

27 Jan 2026

4

Airframe Designs announces rebrand to AFD Systems AFD Systems team

Airframe Designs announces rebrand to AFD Systems

26 Jan 2026

5

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons Typhoon aircraft

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons

22 Jan 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
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

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

Chamber Breakfast – February
Logo.jpg.jpg
LBV Hub Networking
03 Feb 2026 - 03 Feb 2026

Chamber Breakfast – February

The Olive Branch, Lancaster, LA1 4XQ

08:00 - 10:00

Cyber Resilience Boardroom Session
Cyber Resilience Boardroom Session.png.png
LBV Hub Webinar
04 Feb 2026 - 04 Feb 2026

Cyber Resilience Boardroom Session

Online, _, _

13:00 - 13:20

Business Breakfast Networking Event
LBV Hub Networking
04 Feb 2026 - 04 Feb 2026

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

AI Growth Accelerator
AI Growth Accelerator 1.png.png
LBV Hub Webinar
04 Feb 2026 - 04 Feb 2026

AI Growth Accelerator

Online, _, _

12:00 - 12:20

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

The Business Network Central and East Lancashire
LBV Header (29).png.png
LBV Hub Networking
11 Feb 2026 - 11 Feb 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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