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

Preston Tram bridge scheduled to open in the Spring Preston tram bridge

Preston Tram bridge scheduled to open in the Spring

22 Dec 2025

2

MHA to acquire Moore Stephens firms in UAE Rakesh Shaunak MHA

MHA to acquire Moore Stephens firms in UAE

22 Dec 2025

3

Planning application for new industrial and logistics Frontier Park Preston Plans have been submitted for the land in Preston

Planning application for new industrial and logistics Frontier Park Preston

18 Dec 2025

4

Burnley College gets share of £88.5m funding to revolutionise engineering and computing education Burnley College interim principal Kate Wallace, curriculum manager for Engineering David Coar, head of projects and partnerships Rosie Fearne, assistant principal – BCUC Nina Parkin and director of Skills and Innovation Neil Burrows

Burnley College gets share of £88.5m funding to revolutionise engineering and computing education

18 Dec 2025

5

SpudBros link up with EG On The Move SpudBros opening in Blackburn

SpudBros link up with EG On The Move

17 Dec 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
January / February 2026 Magazine networking event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 Magazine networking event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

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

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

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event
LBV Hub Webinar
13 Jan 2026

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event

10:00 - 12:00

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Society1 Open Coworking Day
Open Day Square.png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

The Business Network Central and East Lancashire
LBV Header (28).png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

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