The Dos & Don’ts Of Employment Tribunals

As an employer, it’s hoped you’ll never need to attend an employment tribunal – the aim of following policies and procedures is to avoid litigation and create a safe and positive work environment. However, when situations do arise it’s important to understand the process and remain compliant, to help reach the best solution for both the business and employees.

Below, we have outlined some top tips regarding employment tribunal claims.

Do: Take the claim seriously

Regardless of how the claim has come about, it is important to remember the potential consequences for a business. The process is time consuming, can be stressful and there are risks and the potential for negative publicity.

The business may also end up needing to pay significant compensation costs and risk losing staff as well as reputation, so it is important to be prepared.

Do: Seek legal advice

Reaching out to a reputable employment solicitor at the earliest opportunity allows for greater understanding and control over the matter.

While it is possible for businesses to represent themselves, claims brought in the employment tribunal can get confusing quickly and so it is best to obtain expert advice.

Do: Start preparing

Even with legal support, an employer has several obligations and so it is important to start to prepare as early as possible.

For example, it is important to gather all documents to support the business’ version of events and/or undermine the employee’s case. However, it’s important to remember that it cannot pick and choose which of those documents are disclosed.

Do: Review the ET1

While solicitors can guide employers through the tribunal process, it is still important to know what the allegations against the business are.

This will help the business to prepare, including considering why the decision was made, what evidence was relied upon, and whether any alternatives were considered. It’s also a good opportunity to raise questions about anything you are unsure about with your solicitor.

Do: Consider and organise witnesses

Witnesses give evidence directly relevant to the case and will provide statements that must be shared with all parties in advance of the hearing – these cannot be amended once they have been exchanged.

Because all parties will have received the witness statement in advance, the witness will not have to read it out at the hearing, but they must be familiar with it as they will be asked questions on it.

Don’t: Assume that the case will not go to trial

No matter how strong the business’ defence is, employers should not assume that the case will not go to trial, therefore all the case management directions should be adhered to.

There is a very low threshold for a claimant to show that they have a case to answer – the judge would have to rule that there was no prospect of success for the claim to be struck out, which is rare.

You should not assume that the case will not go to trial even if settlement discussions are looking promising as there is no legal obligation on either party to settle.

Don’t: Speak about the claim at work

Discussing the tribunal case in the workplace can cause both internal issues and disruptions to the proceedings.

Any comments that the business feels are necessary should be made to a legal adviser as they are covered by legal privilege and cannot be disclosed in the case – whereas comments made to colleagues are disclosable.

Don’t: Rule out settlement

The idea of settling can be frustrating as a business is unlikely to want to pay a sum of money to an employee that has brought a claim against it.

However, employers should think about settling from a purely business perspective, for example weighing up the difference in costs.