Employment law issues - Dronfield On-line June 2009 

There are a number of things businesses can do to minimise the risk of employment tribunal claims and to give themselves the best line of defence should one arise.
Any business that employs staff has to grapple with new employment legislation. Whether you see this as the legitimate strengthening of the law or further red tape, ignoring it is not an option. But perhaps the biggest fear for many small or medium-sized businesses is a costly employment tribunal claim.

There is an impression among many employers that the law is heavily weighted in favour of employees. To some extent this is true, particularly if a business has no written contracts of employment or policies and procedures. In this situation, an employment tribunal would apply the statutory minimum positions or implied terms, which it believes are ‘reasonable.’ Unfortunately, this may not be what you think is reasonable!

Managing the risks

The best way to achieve a level playing field is to set out your expectations of staff in a properly tailored contract of employment and a handbook containing policies and procedures on how behaviour in the workplace will be regulated. In the event of a problem arising, these documents could prevent everyday workplace issues becoming disputes.

Dealing with disputes

It is inevitable that sometimes an employer and an employee will have different views. The key is to deal with these issues before they escalate.

The best way to do this is to have access to practical, plain English guidance on how to approach a host of topics, such as working time, family-friendly rights, discrimination, grievances and disciplinary hearings.

Sometimes an employee will do his or her own research and this little knowledge can be a dangerous thing! If you can engage with the employee at an early stage, armed with the correct information, then problems can be more easily solved, stopping disputes turning into tribunal claims.

Are some tribunals inevitable?

Despite doing everything correctly, sometimes a business can still receive an employment tribunal claim from a disgruntled employee.

However, if you take an overly cautious approach you can end up making decisions that are not in the best interests of your business.

One of the ways to remove the fear of claims is to look for a package that provides the reassurance of specialist legal representation in employment tribunals and covers against any awards. These can be purchased for a fixed annual fee, which can be budgeted for in advance.

Training and support

Finally, owner-managed businesses do not always want, or need, a human resources manager. But in many cases, the person leading the business does not have the time to become an expert in HR and employment law.

Saying that, I would urge you to attend at least one annual training session to gain updates on all key developments in employment law – it could be a very useful way to spend a couple of hours of your time.

At Taylor&Emmet, we have developed a new service called T&E Complete. This web-based resource provides a range of tailored solutions to employment law issues and for a fixed price, gives you the tools and support you need to have the best chance of avoiding disputes. The service includes a telephone helpline with direct access to experienced employment solicitors and cover against tribunal claims if they arise.

If you would like more information about how T&E Complete could help your business, please contact me on (0114) 218 4000 or visit www.tayloremmet.co.uk