Small Businesses Avoiding Discipline Because of Tribunal Fears
As someone who is involved with a small
business, you are probably aware of just how
businesses struggle with understanding and
meeting complex employment legislation can;
and your business is certainly not alone.
Almost half of the small and medium sized
businesses surveyed by employment law firm
Peninsula said they avoided disciplining
their staff because they feared being sued
or taken to employment tribunals.
48% of employers avoided disciplining staff
for fear of being sued, 89% would be happy
to discipline staff if they felt legally
confident, while 79% fear that increasing
employee rights mean that it is only a
matter of time before they face an
employment tribunal.
David Price, Head of Employee Relations at
Peninsula today said; “Some businesses are
so scared about being taken to Employment
Tribunals that they choosing not to
discipline staff! Many businesses these days
are so convinced that employment law is
weighted on the side of employees, that they
are afraid to tackle serious issues in the
workplace. Employers should not be afraid
of using disciplinary and grievance
procedures when used properly can provide a
clear and transparent framework to deal with
difficulties. If used correctly they ensure
that everybody is dealt with fairly and
reasonably. Employers must ensure that they
are compliant with current legislation as
there is confusion amongst employers as to
what rights employees have today.”
“Employers are increasingly finding it
difficult to approach the area of
discipline; they are afraid that they will
become embroiled in a long drawn out process
and ultimately find themselves at Employment
Tribunal. Understandably this can be a
difficult time for employers with the threat
of large payouts if found guilty. Given the
automatic presumption of an unfair
dismissal, employers are afraid that whilst
following proper procedures they will find
themselves at the Tribunals they are
unlikely to win,” continues Mr Price.
David Price concludes; “Employers need to
follow fair procedures ensuring they are in
line with the terms of contract for
employment, locally agreed procedures and
any industry agreements. All employers need
to ensure that they issue a statement of
main terms in a contract for employment,
produce a clearly defined job description
and re-iterate expected standards and
behaviours. Employers also need to have a
clear defined disciplinary and grievance
policy in line with the statutory code of
practice.”
For more information on employment issues
visit our You and Work – Employment section.
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