Companies leaving themselves open to tribunal claims

Employment tribunal cases have increased 17% in the past year *, but according to Manchester law firm, dent raven marsdens, the number could be radically reduced if companies took their employees rights more seriously.

Over 115,000 applications were made to tribunals, ranging from unfair dismissal and salary claims to sex and disability discrimination. dent raven marsdens employment team proclaims that the figures prove many companies are not doing enough to ’avoid’ claims in the first place.

The growing amount of applications to tribunals mean that companies need to stay on top of their employees’ rights, and to take complaints and grievances more seriously.

Will Clayton, Partner of dent, raven marsdens, explains: Many companies think that they know the law and often don’t seek expert legal opinion until the damage has been done. They could be leaving themselves wide open to future claims.

Firms need to reconsider how they are dealing with complaints before they reach a formal grievance, or worse, an application to the employment tribunal by their employee.

Employment is a complex area of the law, and there have been a number of additions to employees’ rights this year alone, with more planned for the end of 2004.

Will says there are a number of steps companies can take to protect themselves: Firstly, businesses should make themselves aware of their employees’ rights and ensure they are recognised in the workplace. Taking initial complaints more seriously, and taking swift action to resolve them, could also help to avoid a tribunal claim.

Companies need to be able to demonstrate to a tribunal that they have taken all reasonable actions to adequately resolve formal grievances. Employment law is a minefield and I would advise people to consult an expert for reliable advice as soon as a problem becomes apparent, particularly if they are considering dismissing an employee.

dent, raven marsdens is running a series of seminars on employment law issues, including How to Handle Employment Tribunal Cases on 7 September, a one day course which provides the skills to enable companies to manage their own defence of proceedings, or can give a better understanding of the process involved to HR practitioners. Course fees are 180 plus VAT.