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Preparing for an Employment Tribunal

Employment tribunals make rulings for all employment-related claims from unfair dismissal to discrimination.

They can be difficult, costly and time consuming. It is vital that companies prepare correctly if they are faced with an employment tribunal.

These tips can help get you ready.

Do it right in the first place

As simple as it sounds, following the right process before making the tough decision to terminate someone’s contract really is the most important step. Rash decisions can leave you open to a tribunal case, no matter how sound the reasons were to take the action. Often it comes down to reasonableness, was it reasonable to terminate? If so, have the evidence to support it. Involve HR early for guidance, the ACAS website is a great source of information, and we always recommend every manager is trained on the correct steps. It really could save a company thousands of pounds.

If you get notified of a case, get advice

An Employment tribunal is a serious legal matter and should always be treated so. There is potential for unlimited fines and massive damage to a company’s reputation. Therefore, if you receive notification that a former employee is moving ahead with a claim against you, get the right advice straight away. There are a lot of documents that need to be filled in with strict deadlines.

Prepare, Prepare, Prepare

Get your paperwork in order! People forget detail fast, so take statements from everyone involved, and get emails and documents together in one place. Again, management training on the subject will

help prevent issues further down the line.

Have a plan

Employment Tribunals, like any court case, can swing for or against. Despite having all the documents and believing the termination was reasonable, a missed deadline, a contractual technicality or a contradicting statement can change the outcome against you. By understanding the potential financial and reputational risks, companies can make an informed choice to enter into settlement negotiations right up to the point of the tribunal outcome. call us on 01935 411 191 or email to speak to one of our consultants about any HR related topic. A member of our consultancy team will be available to help you with any HR, Recruitment or Training queries you may have.


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