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Could You do More to Prevent Employment Tribunals?
Small businesses are the most likely to face
employment tribunals, and a large number of
these lose the cases that get to the
tribunal stage. However, new research from
Warwick Business School shows that small
businesses are not at a disadvantage, you
just need to follow the correct disciplinary
procedures.
 The
research shows that having tribunal
procedures in place (and actually using
them) will make you much more likely to win
cases that reach a tribunal stage. Small
businesses are the least likely to have
disciplinary and dismissal procedures, and
are the least likely to follow them, and it
is this that could put you at a disadvantage
in a tribunal, not the size of your
business.
By not having adequate disciplinary
procedures, problems that could potentially
be solved within your businesses are taken
to a claim at an employment tribunal because
the employee feels like it is their only
choice of action.
Professor Paul Edwards of Warwick Business
School's Industrial Relations Research Unit
says, 'small firms have the benefit of being
able to handle employment relations issues
informally, but informality can be an excuse
for a lack of professionalism. Formal
procedures do not need to be complex or
bureaucratic, but they must be consistent
and fair. Proper procedures help to avoid ET
cases'.
The result is clear; spend a little time
making sure your disciplinary procedures are
sufficient, and if you follow them properly
you could save a lot of time, money and
effort in the event of an employee dispute.
Find out more about the legal procedures for
Sacking, Dismissal and Redundancy in our
article here.
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