The economic downturn has resulted in an increased number of unfair dismissal cases being taken to Employment Tribunals. Over the period between April 2009 and March 2010, there has a 56% increase compared to previous years.
This figure is a concern to many employers as compensation figures awarded to employees claiming unfair dismissal by Employment Tribunals are significant with a maximum compensation award of £68,400.
To ensure organisations do not find themselves in this difficult situation, they should take it upon themselves to following the below employment law advice detailing top tips to avoid unfair dismissal cases.
Firstly, where possible, deal with problems in the workplace informally. Speak to the employee in question privately regarding the situation and try to find a solution to the problem without taking formal proceedings.
Secondly, if an employee is being managed under your disciplinary policy and the situation may result in dismissal, ensure you follow the Acas Code of Practise and seek professional employment law advice if you are dealing with particularly difficult circumstances.
Thirdly, ensure employees contracts are regularly updated and furthermore, ensure all employees have access to your disciplinary and grievance policies and are aware where they can be found.
Fourthly, you must ensure that Managers are trained in handling disciplinary procedures. This will ensure that situations are dealt with efficiently, consistently and concisely.
Lastly, whilst managing disciplinary or grievance proceedings, ensure you have the facts. A full investigation should take place prior to taking action on an employee. A dismissal that is not based on all the facts can potentially result in an unfair dismissal claim. It is important that time is taken to establish all the facts and the situation as soon as possible.
Follow this simple employment law advice and you will be well on your way to protecting your organisation against any potential unfair dismissal claims.
However if in doubt, ensure you contact an employment law specialist as soon as possible.