Employment tribunals can be a daunting experience for any business owner. They are not just legal battles; they are a test of how well businesses handle workplace disputes. Whether you’re an employer or an employee, navigating a claim could be daunting, but understanding the process is the first step to getting it right. They pose financial, legal, and reputational risks.
This guide will help you understand employment tribunals, their common causes, and practical steps to safeguard your business.
What Is an Employment Tribunal?
An employment tribunal is a formal process where an employee or prospective employee claims they have been treated unlawfully by their employer. In Northern Ireland, these disputes are heard by an industrial tribunal or the Fair Employment Tribunal, which specifically deals with workplace discrimination based on religious belief or political opinion.
Key Points About Employment Tribunals:
- Tribunals operate independently of the government.
- Common claims include unfair dismissal, discrimination, or unfair pay.
- If the case is lost, the employer may be required to pay compensation.
Common Causes of Employment Tribunals
Certain factors frequently lead to tribunal claims. Addressing these proactively can reduce your risk:
- Missing or Ambiguous Contracts: A lack of a proper employment contract, or unclear terms, can lead to misunderstandings about the employment relationship.
- Outdated Employment Terms: Failing to update contracts to reflect changes in business operations, such as revised working hours.
- Delayed Responses to Complaints: Ignoring or taking too long to address issues like discrimination can escalate the matter.
- Improper Handling of Disciplinary Matters: Not following established codes of practice when managing grievances or disciplinary issues.
- Unfair Dismissals: Poor handling of performance issues or dismissals can lead to claims of unfair treatment.
- Lack of Professional Advice: Making decisions without consulting HR experts can result in costly mistakes.
Steps to Take If You’re Facing an Employment Tribunal
If a claim is brought against your business, here’s what you should do:
- Engage with ACAS or the Labour Relations Agency
The Advisory, Conciliation and Arbitration Service (ACAS) or the Labour Relations Agency in Northern Ireland can assist with early conciliation to resolve disputes before they escalate. - Respond Within Deadlines
If conciliation fails, you’ll receive a response pack (known as an ‘ET3 form’) outlining the claim. You must respond within 28 days to avoid an automatic judgment against you. - Compile Evidence
Gather all relevant documents, including:- Employment contracts.
- Payslips.
- Pension details.
- Notes from relevant meetings.
- Seek Legal Support
Prepare your case with the assistance of a solicitor or employment law specialist for the best possible defence.
How We Can Support You
We provide comprehensive assistance to businesses dealing with employment disputes. Our services include:
- HR Advice: Expert guidance to help resolve workplace issues effectively and lawfully.
- Legal Representation: Access to experienced employment solicitors for negotiations and tribunal representation.
- Conciliation Support: Through our legal advisers, we provide assistance with reaching settlements through ACAS to avoid the stress and cost of a tribunal.
Please note that settlement sums must be covered by your business and are not included in our service coverage.
How to Prevent Employment Disputes
Taking preventative measures can significantly reduce your risk of facing an employment tribunal. Here are our top recommendations:
- Consult Experts Before Key Decisions: Contact our advice line on 0330 133 6377 before:
- Disciplining, suspending, or dismissing an employee.
- Initiating redundancy or other dismissal procedures.
- Implementing changes to employees’ contracts that may be viewed unfavourably.
- Addressing grievances or complaints of discrimination.
- Responding to resignations linked to dissatisfaction in the workplace.
- Keep Contracts Up to Date: Regularly review employment terms to ensure compliance with the latest laws and business needs.
- Handle Complaints Promptly: Address employee concerns, including allegations of discrimination, without delay.
- Follow Legal Procedures: Adhere to the ACAS code of practice for handling disciplinary and grievance issues.
Act Now to Protect Your Business
Taking proactive steps to manage risks and ensuring access to expert advice are key to safeguarding your business. We’re here to provide the guidance and support you need, from prevention through to resolution.
Get in Touch Today
For expert advice and tailored support, call us on 0330 133 6377. Together, we can protect your business from the risks of employment tribunals.