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Category: Tribunals
Talking Tribunals #2 – Do you you really have a zero-tolerance approach to discrimination?
We so often hear that discrimination is not tolerated but if you really challenge yourself, can you be confident that’s the case? Here’s what a tribunal will expect:
Evidence – if you’re going to inform a tribunal that you take a zero-tolerance approach to discrimination, they’ll expect you have evidence to prove that’s the case.
Consistency is key – failing to deal with discrimination in one case but then dismissing in the next – you’re likely to find yourself on the wrong side of an unfair dismissal claim at best.
One step at a time – establish the facts as well as you can, be clear on the approach that you’ll take in particular scenarios by calling out the penalties in your inclusion and diversity policy, and follow through on every occasion. Failure to do so leads to inconsistency, claims, and cultural challenge.
Get in touch if you need our advice or support in ensuring a zero-tolerance approach to discrimination.
This update is accurate on the date it was published (11 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Talking Tribunals #1 – Having your day in court
The latest figures show that the average wait to attend a hearing from the date that a claim is issued is just under a year (335 days to be precise). So, what does this mean in practice?
No longer a sure way to a fast buck – if settlement is on the cards then tactically a long wait to tribunal might be helpful. During settlement discussions, it’s worth reminding claimants of the need to consider the benefits of receiving an early payment versus a long wait for potentially no reward.
Recollections fade – don’t wait until a few months before a hearing before preparing your bundle of documents. Prepare early so you understand your case, and can preserve precious evidence that the passing of time may dilute.
Dealing with departures – you’ll want your best witnesses to attend the hearing. It’s increasingly the case that witnesses have left the employer’s employment before the hearing making it harder to succeed at tribunal. Ensure that any employee pivotal to your case understands you’ll need them to give evidence on your behalf (so they can give their new employer early notice).
Get in touch if you need our advice or support in your approach to settlement or case management prior to a hearing.
This update is accurate on the date it was published (03 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Talking tribunals
No one hopes for a tribunal claim, but if you receive one you’re given a great opportunity to sharpen practices, learn from mistakes and make positive changes (there’s always room for improvement).
Defending tribunal claims is our bread and butter so we thought we’d share a few golden nuggets from our experience over the last 12 months in our upcoming ‘Talking tribunals’ series. We’ll cover:
- Tribunal trends – from waiting times to average awards and how they’re influencing settlement tactics
- If we’ve heard it once…do you really have a zero-tolerance approach to discrimination?
- Why People Team support during a disciplinary process can still get employers into trouble
- Why informal warnings for harassment are creating confusion
Watch out for the updates over the coming weeks.