Top 10 tips for defending an employment tribunal claim

Employment tribunal claims are an occupational hazard for all employers. With the best will in the world its not always possible to prevent claims. So, what should an employer do to put itself in the best position to defend a claim…?

1. Prevention is better than cure. Take time to develop effective HR policies and processes, give your managers appropriate training, and develop a culture in which staff are treated fairly. Employers that do this best will usually have fewer claims.

2. If it is necessary to discipline or performance manage employees make sure the right managers are dealing with the process. If the matter ends up in tribunal it will be these managers who are called as witnesses on behalf of the business.

3. Tribunals like to see contemporaneous documentation.. Documentary evidence of what happened is likely to be more convincing than witness recollections.

4. Engage in the ACAS conciliation process. Prior to issuing a claim and during the claim itself ACAS will be available to help the parties settle a claim. Explore whether some agreed resolution is possible to avoid the cost, stress, and risk of having a contested hearing.

5. If your business receives an employment tribunal claim ensure you respond to the claim within the appropriate deadline. The claim will not go away by ignoring it.

6. Engage in the tribunal process. Comply with the tribunal directions and engage with other parties as appropriate.

7. Remember, an employment tribunal is a court of law!

8. Ideally, if your budget allows, you will be in a stronger position if you instruct lawyers to advise and represent you.

9. Be realistic. Understanding the risks and appreciating that tribunal outcomes can be hard to predict will make it easier to manage expectations. It can also help the business make clear and commercial decisions.

10. If you are a witness in a hearing ensure you are well prepared. Giving evidence can be tough so preparing well and knowing the case will make it that bit less stressful!

At Pannone we have significant experience in supporting clients in defending tribunal claims from early advice through to representation at the hearing. If we can be of any help or you have any questions do not hesitate to let us know.

For more information about how Pannone can support your business through HR Plus – a fixed fee employment law and HR support service – contact michael.mcnally@pannonecorporate.com or click here