Avoiding tribunal
The best starting point is to avoid the tribunal altogether by having, and following, company disciplinary, dismissal and grievance procedures. These must be fair and readily available to all employees who should have been informed of them, preferably in their offer of employment letter.
Whilst it can sometimes be frustrating to work your way through the process with an errant employee, not doing so will have significant consequences, with possible awards being increased by twenty five percent. We have found that helping employees to improve their performance or behaviour and retaining them in the business often works out well and is far more beneficial to your bottom line than the alternatives.
However this approach will not always be successful with everyone, so ensure all the steps of your procedures are followed and documented. Don’t forget that it’s not just dismissed employees that can take their employer to tribunal if your process has not been followed. For example when changing an employee’s working terms and conditions, they also have the right to take you to arbitration and tribunal if you failed to follow correct procedures.
ACAS is an invaluable source of information and advice at this early stage, and we too can help.
The next Tribunal article focuses on going to tribunal.
For information about how we can help you with employment matters, contact us on info@mgarnerconsulting.com or ring us on 07885 525221.
