Reduce the risk of employment tribunal claims

Problems that can lead to a tribunal claim

For the financial year ending March 2005, figures from the Employment Tribunals Service show the main reasons for a tribunal claim as those listed below. Claims about unfair dismissal and unlawful deductions from wages made up 49 per cent of the total claims received during this period.

The top ten claims involve:

• unfair dismissal
• wages related claims
• breach of contract
• sex discrimination
• the Working Time Directive
• redundancy pay
• disability discrimination
• redundancy - failure to inform and consult
• equal pay
• race discrimination

For information on the types of claims made at employment tribunals, download the annual report and accounts from the Employment Tribunal website (PDF).

Many of these claims might have been avoided if proper procedures had been followed and communication between the employer and their employees had been clearer.

For example, if the employee had been given a written statement of their terms and conditions of employment, or if the employer had used the correct procedure for dismissing an employee, a tribunal claim might never have been submitted, or if it had been submitted it would have been less likely to succeed. 

As an employer, it's vital for you to keep up to date with current employment law and any planned changes in legislation. This may be time-consuming, but it is less time-consuming (and expensive) than appearing before an employment tribunal.

Use our interactive regulation checklist to provide you with a personalised reading list of the regulations likely to affect your business, tailored according to the circumstances of your business.

Subjects covered in this guide

• Introduction
• Problems that can lead to a tribunal claim
• Avoiding problems that can lead to tribunal claims
• Top tips to avoid an employment tribunal claim
• Where to get help with employment relations

 

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Source - Business Link; Crown Copyright.