Beware Tribunal Claims - Use Correct Procedures
My Blog entry this week relates to employers trying to be kind, and finding they have been bitten.
How would you feel if you had to make a redundancy, with only one person in the role and they had been an excellent employee for many years? Imagine they had just had a bereavement - you did not want to put them through hell but you had to make the redundancy. You do not carry out the redundancy by the book, but in a way that gives her more money and less stress. How would you feel if you the received Tribunal papers backed by a “no win – No Fee” solicitor and they are looking for £25,000?
This is just one case on my desk this week – there have been others. An employee with 11 weeks service is dismissed for poor work on a Friday. The employer confirmed the dismissal in writing the following week whilst the employee is serving their notice. AFTER this the employee states she is pregnant and is now taking the employer to Tribunal claiming £21,000 for dismissing her when pregnant! Even stranger is that the Tribunal have allowed a 2-day hearing for this case, costing thousands of pounds. Again this is being brought through a “No win – No fee” solicitor.
What I am saying to EVERY employer is ………. please, please do things by the book. The correct paperwork to prove you have done things properly is all-important. When the law changes in April I believe the paperwork will become even more important. If you do not want the costs in time and money of Employment Tribunal to prove you acted reasonably, COMPLETE THE PAPERWORK TO PROVE YOU WERE RIGHT.
If you have any doubts ring the support help line on 01455 444222

