Reduce the risk of employment tribunal claims

Top tips to avoid an employment tribunal claim

As good practice there are a number of things you should and should not do to help prevent an employment tribunal claim, as well as certain things you should avoid doing.

Do

• Keep the written statement of employment terms and conditions up-to-date, eg changes to salary and working hours. 
• Establish and publicise your discipline and grievance procedures which should be clear and non-discriminatory and in compliance with the new statutory procedures, and explain disciplinary penalties in a written document. This is now compulsory. Download new statutory discipline and grievance procedures from the DTI website (PDF).
• Make sure that you follow the revised Code of Practice on racial equality in employment that was introduced on 22 November 2005. It becomes statutory from 6 April 2006. Download guidance on achieving racial equality in employment from the Commission for Racial Equality website (PDF).
• Train managers and supervisors in procedures and put all rules in writing. Key rules include those on absences, timekeeping, health and safety, use of business facilities and equipment. Make clear what conduct could lead to disciplinary action and/or dismissal.
• Make sure that you follow the revised Code of Practice on Racial Equality in Employment which was introduced on 22 November 2005, and which will become statutory from 6 April 2006. Download guidance on achieving racial equality in employment from the Commission for Racial Equality website (PDF).
• Ensure your workplace operations minimise the risk of work-related stress. See our guide on how to deal with stress.
• Inform and consult staff and trade union representatives about anything that will affect them.
• Policy on pay - make sure everyone is familiar with this, including any special conditions, eg for bank holidays, extended leave. Check that all deductions are lawful.
• Get written permission from employees at the outset of their employment to make any necessary deductions to cover damage to the business' property, excess statutory paid holiday on leaving etc. Should you make any deductions, you must notify the employee of this in writing.
• Take care when making final payments to leavers. Minimise problems by consulting staff or union representatives.
• Be consistent and fair in your dealings with staff.
• Support redundant employees in their search for new jobs.
• Check your legal obligations before you buy or take over a business. See our guide on your responsibilities to employees if you buy or sell a business.
• Keep written records of any actions you take.
• Consult Acas if in doubt or before you take action.

Don't

• Dismiss staff on the spot or in anger - see our guide on handling discipline and grievance issues.
• Ignore problems - deal with them fairly, consistently and promptly.
• Tolerate discrimination and lead by example. See our guide on how to prevent discrimination and value diversity.
• Dismiss staff for a first disciplinary offence unless for gross misconduct.
• Withhold pay due to workers except in particular cases - see our guide on pay - an overview of obligations.

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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