It’s almost an inevitability that occasionally, businesses will become involved in a workplace tribunal. Conflicts may arise between managers and those under their care, individuals may be dismissed in unclear circumstances, and a whole range of other possible scenarios may occur.
There are certain tips that all businesses will benefit from following when it comes to these often costly tribunals. Most of these tips cover actions that should be taken before a tribunal takes place; it’s always best to try to avoid them from happening in the first place, but in the case that a tribunal becomes inevitable, it’s important that you’re prepared.
Document any disciplinary actions
Employment tribunals will almost never just occur out of the blue. There will have been a build-up that escalated to that point, often a prolonged process of back and forths. It’s incredibly important to thoroughly document the whole process, including any disciplinary action that was taken.
This is largely what constitutes the evidence you’ll give during the employment tribunal. As a business, you need to be able to show that the actions you took towards the employee in question were a reasonable response to their behaviour.
Be aware of discrimination
One of the most common subjects disputed during employment tribunals is discrimination. Under the Equality Act 2010, there are 9 different protected characteristics. These include disability, marriage and civil partnership, pregnancy and maternity, race, sex, sexual orientation, religion or belief, age, and gender reassignment.
Businesses need to be extremely diligent in ensuring that any action they take against an employee, from lack of promotion to dismissal, does not occur directly as a result of one of these characteristics. There are some exceptions, and it’s a complex legal area that requires careful attention.
Don’t escalate matters too quickly
Ideally, your business will be able to prevent an employment tribunal from occurring in the first place. This can be assisted by encouraging a more open work environment, where matters of concern are reported before they’ve escalated to a point where they become an official complaint or grievance.
Where an employee is at fault, make sure that they’re given the necessary support to get through the issue at hand. Dismissal and more official disciplinary measures should only ever be used as a last resort.
Reach out to an HR consultant
It’s incredibly important that your business remains compliant with the ACAS code of practice at all times. Failure to comply can lead to unnecessary employment tribunals that can be easily avoided.
If you have any questions or concerns about an ongoing or upcoming employment tribunal, it’s imperative that you reach out to an HR consultant. If things have progressed this far, it’s likely that your business no longer fully has control of the matter, and has reached a point where external expert advice is required.
