Good practice guide for employers to follow to avoid tribunal claims
| Reason for tribunal claim |
How to avoid |
Related guides |
|---|---|---|
| Disputes over written statements of employment terms or breach of contract |
Provide all employees with a written statement of main employment particulars Issue regular pay statements Check that all payments made comply with the latest level of the National Minimum Wage |
|
| Claims for non-payment or unlawful deduction of wages including National Minimum Wage and Statutory Sick Pay claims |
Ensure you have a clear pay system showing details of payments and deductions |
Pay - an overview of obligations |
| Non-compliance with working time regulations |
Ensure all workers receive at least the minimum annual leave, weekly and daily rest breaks |
|
| Disputes over leave for family reasons |
Allow the correct periods of leave for maternity, paternity or adoption and make the correct payments Allow the correct period of unpaid parental leave and in an emergency give time off to meet dependents' needs |
|
| Claims relating to discrimination |
Check that you have a proper equal opportunities policy Make sure your policies don't discriminate on any grounds Train staff in policies Ensure your pay system is fair to all |
|
| Constructive unfair dismissal |
Ensure your managers nip bullying in the bud Ensure all your staff know how to use your grievance procedures Consider making welfare/counselling services available to your staff |
Change an employee's terms of employment |
| Unfair dismissal (capability or conduct) |
Have proper procedures for handling discipline, grievances and performance issues Train managers in policies Have a clear, non-discriminatory absence policy, and use it |
|
| Unfair dismissal (redundancy) |
Have policies for voluntary and complusory redundancy. Apply the criteria for selection fairly Consult any employees affected |
|
| Disputes over failure to consult with employees or their representatives |
Where employees are being made redundant or are affected by the sale of the business or part of the business, you should consult with them individually or with their representatives |