How to protect your business from Employment Tribunal claims
How to protect your business from Employment Tribunal claims
Sarah Filsell

23 October 2024

At Phillips Law we are committed to finding solutions and offering complete employment services for businesses. We understand the risks that businesses face from Employment Tribunal claims and have identified key steps you can take to help protect your business from that risk. It is essential to implement a combination of legal and practical measures as follows:

  1. Clear Employment Contracts and Policies
  • Employment Contracts: Ensure that all employees have clear, written employment contracts that outline their roles, responsibilities, and terms of employment.
  • Employee Handbook: Develop a comprehensive employee handbook that includes policies on discrimination, harassment, grievance procedures, and disciplinary actions.
  1. Compliance with Employment Law and your policies
  • Regular Training: Provide regular training for management and staff on employment laws, including the Equality Act 2010, Employment Rights Act 1996, and other relevant legislation.
  • Legal Updates: Stay updated on changes in employment law and ensure that your policies and practices comply with current regulations.
  • Policies: Provide managers and staff with training on your policies and ensure they are adhered to.
  1. Fair Recruitment and Selection Processes
  • Non-Discriminatory Practices: Implement fair and non-discriminatory recruitment and selection processes to avoid claims of discrimination.
  • Documentation: Keep detailed records of the recruitment process, including job advertisements, interview notes, and selection criteria.
  1. Effective Communication and Consultation
  • Open Communication: Foster an open and transparent communication culture where employees feel comfortable raising concerns.
  • Consultation: Engage in meaningful consultation with employees on significant changes that may affect their employment, such as redundancies or restructures.
  1. Grievance and Disciplinary Procedures
  • Clear Procedures: Establish clear grievance and disciplinary procedures in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
  • Consistent Application: Apply these procedures consistently and fairly to all employees.
  1. Reasonable Adjustments
  • Disability Accommodations: Make reasonable adjustments for employees with disabilities to comply with the Equality Act 2010 and avoid discrimination claims.
  • Individual Assessments: Assess each case individually and document the adjustments made.
  1. Performance Management
  • Regular Reviews: Conduct regular performance reviews and provide constructive feedback to employees.
  • Documentation: Keep detailed records of performance reviews, including any issues raised and actions taken.
  1. Settlement Agreements
  • Use of Settlement Agreements: Consider using settlement agreements to resolve disputes amicably and avoid tribunal claims. Ensure that employees receive independent legal advice on the terms of the agreement.
  1. Insurance
  • Employment Practices Liability Insurance (EPLI): Consider obtaining EPLI to cover the costs of defending against Employment Tribunal claims and any potential compensation awards.
  1. Seek Legal Advice
  • Proactive Legal Advice: Seek proactive legal advice to ensure that your employment practices and policies are compliant with the law. If you become aware of a problem in the workplace get legal advise early on.
  • Responding to Claims: If a claim is made, seek legal advice promptly to respond appropriately and mitigate potential risks. There is a strict deadline for employers to respond to claims.

We believe that by implementing these measures, you can significantly reduce the risk of Employment Tribunal claims and protect your business from potential legal and financial liabilities.

If any of these points resonate with you and you would like to discuss further, please don’t hesitate to get in contact with one of our Employment Solicitors at Phillips Law.

Email [email protected], or call 01256 460830, and we will deal with your enquiry quickly.

Written by Sarah Filsell

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