What are the Risks and Costs of an Employee Taking a Tribunal Claim Against Their Employer?
Since the abolition of fees the number of employees taking employers through tribunal has grown exponentially. Before you put your head in your hands it is worth keeping in mind that if you get advice early from a reputable HR company that, with some intervention, many cases can be resolved before getting to tribunal. If you get to a stage where you have instructed a lawyer then this will unfortunately be a very expensive and long process.
Assessing the risk of an employment tribunal claim to your business is all about getting an understanding of how you’ve managed the employee prior to this point. First of all, it’s worth assessing what the dispute relates to. Awards for unfair dismissal are capped in law, however awards for discrimination claims, or dismissals for health and safety reasons are unlimited, therefore understanding the nature of the claim is critical. Should you fail to follow ACAS’ code of practice on handling disciplinary and grievance issues, up to 25% can be added to the final award.
Avoiding a tribunal is a huge topic, with all sorts of issues and problems. Therefore, if you’re concerned you could be at risk of a tribunal, or have an unhappy member of staff we recommend you take advice from HR experts like us.
If you are a business based in London, the Thames Valley or Berkshire or and looking for one-off HR projects support or ongoing outsourced HR then you can contact us through our website www.optimahr.co.uk or alternatively you can call us on 0203 086 8387. We offer free 30-minute HR consultation on any HR topic.