10 Tips to avoid the Employment Tribunal

Employment Tribunals

Many employers find Employment Law and the prospect of getting dragged to an Employment Tribunal very frustrating. The best thing is to take the right precautions and find out how to avoid going there in the first place.

Employment Tribunals use a yardstick called the ‘reasonable employer’. It is good to be seen as a reasonable employer and doing things properly in Employment law terms is a good part of being seen as one. If you follow the process and get the right mind-set you will be much better protected from employment Tribunal claims. The following pointers can help you to get your procedures in good shape.

1. Get it right from the start

It is much easier to put rules and procedures in place at the time of employing someone rather than later in the employment cycle.

2. When advertising for staff think discrimination

It is too easy to fall into putting discriminatory requirements into a job advert if you describe the person you want to do the job. Stick to the job requirements.

3. Beware of telephone calls about suitability for a job

If someone ask questions and refers to anything about themself be very careful. You might say something that could be turned into a discrimination argument so if in doubt just tell them to apply.

4. Be fair in interview selection

You must do your best to avoid stereotyping people. Be fair and objective and you will avoid problems.

5. Be fair in interview

Try to ask everyone the same questions and decide beforehand how you will score answers. Be objective and keep your score card.

6. Give a nice interview

If the prospective employee felt happy with the interview but didn’t get hired they are less likely to start an action in the Employment Tribunal. They may even say nice things about you.

7. Rejection letters

Be careful what you say in these. Try and say it in as positive a way as you can but at the same time giving a sound objective reason for the rejection e.g. you were an excellent candidate but the successful person had better qualifications.

8. Written job offer

You should put the most important features of the job offer in this letter as it is the basis of your contract of employment. Typically include Job Title, place of work, salary, holiday, pension and leave entitlements.

9. Written discipline and grievance procedures are essential

You should have these procedures in written form and either give copies to new staff members or tell them where they can be read. Without them it is harder to show you are a reasonable employer which is important if you end defending an Employment Tribunal claim.

10. Keep written records of all your employment decisions

These records are important to show you are a reasonable employer and will help you at an Employment Tribunal hearing (assuming you have done things properly in the first place).