As employment solicitors, we regularly see businesses face unnecessary tribunal claims that could have been avoided through proper dispute management. The cost of getting it wrong isn’t just financial—it damages workplace culture, productivity and reputation. Based on our experience representing employers, here’s what you must know about your legal responsibilities during workplace disputes.
Let’s be clear: following fair procedures isn’t optional—it’s your legal obligation and best protection against tribunal claims. We’ve seen countless cases where employers had legitimate reasons for disciplinary action but lost at tribunal simply because they failed to follow proper procedures.
Adhere to company policies consistently
Your employee handbook and internal policies should clearly outline the steps to be taken in dispute scenarios. Following these established procedures consistently helps demonstrate that you’re treating all employees fairly and without discrimination.
Act consistently across similar cases
Treating similar cases differently without justification can lead to claims of unfair treatment or discrimination. Keep records of previous disputes and refer to them to ensure consistency in your approach.
Document everything thoroughly
From the initial complaint to the final resolution, document each step taken. This documentation serves as crucial evidence if a dispute escalates to an employment tribunal.
Provide reasonable timeframes
Employees need adequate time to prepare for meetings, gather evidence, or respond to allegations. Rush the process, and you risk claims of unfair procedure.
“But we discussed that verbally” are words we dread hearing from employer clients facing tribunal claims. Without proper documentation, you’re effectively entering a tribunal with your hands tied behind your back. Our experience shows that meticulous record-keeping is often the difference between winning and losing employment disputes.
Document all meetings and conversations
Take detailed notes during meetings, including who attended, what was discussed, and any decisions made. Where possible, have these notes verified by all parties present.
Maintain records of warnings and actions
Keep copies of all formal warnings, improvement plans, and other actions taken. These should include dates, details of the issue, and any agreed outcomes.
Store evidence securely
All records must be stored securely and in compliance with GDPR and the Data Protection Act 2018. Access should be limited to those with a legitimate need to view the information.
Retain records appropriately
Employment records should typically be kept for at least six years after an employee leaves. Some records may need to be kept longer, particularly those related to workplace injuries or health issues.
We often meet employers who only realise the importance of clear workplace policies after they’re facing a tribunal claim. By then, it’s too late. Your policies aren’t just paperwork to tick a compliance box—they’re the rulebook that both you and your employees must play by. Without them, you’re essentially making up the rules as you go along, which tribunals take a very dim view of.
Regularly update employment policies
Employment law changes frequently. Review and update your policies at least annually to ensure they remain compliant with current legislation.
Ensure policies are accessible
Policies should be written in clear, simple language and made available to all employees. Consider providing them in multiple formats to accommodate different needs.
Train managers effectively
Even the best policies are ineffective if managers don’t understand or implement them properly. Provide regular training on policy implementation and dispute resolution.
Review policy effectiveness
Monitor how well your policies work in practice and gather feedback from employees. Use this information to make improvements where needed.
Employment Contracts: Your Foundation for Everything Else
We regularly see employers trying to enforce rules that aren’t in their contracts or policies. Simply put, you can’t enforce what you haven’t established. Your employment contracts aren’t just legal paperwork—they’re the bedrock of your authority as an employer. Without clear, comprehensive contracts, you’re building your entire employment relationship on shaky ground.
Issue contracts promptly
Provide written contracts at the start of employment. Under UK law, employees must receive a written statement of particulars within two months of starting work.
Include all statutory entitlements
Ensure contracts cover all required elements, including pay, hours, holiday entitlement, sick pay provisions, notice periods, and grievance procedures.
State terms and conditions clearly
Ambiguous terms can lead to misunderstandings and disputes. Use clear, precise language that leaves no room for confusion.
Update contracts when necessary
When employment terms change, update contracts accordingly and ensure employees understand and agree to the changes.
In our experience, employers often wait too long before seeking legal advice—usually when they’re already facing a claim. By that point, we’re often in damage limitation mode rather than prevention. The most successful clients we work with consult us at the first sign of trouble, not when the tribunal papers arrive.
Employment law changes constantly. What was compliant last year might not be today. At Davenport Solicitors, we’ve saved our clients significantly more in avoided tribunal costs than they’ve spent on our preventative advice. It’s not just about defending claims—it’s about preventing them in the first place.
From our years representing employers at tribunals, we can tell you this with certainty: most employment disputes that end up at tribunal could have been avoided with proper procedures, documentation, policies and contracts. When employers cut corners on these fundamentals, they inevitably pay a much higher price later.
Employment law might seem like a bureaucratic burden, but these requirements exist for a reason. They provide structure and fairness to what would otherwise be an imbalanced relationship. Meet these responsibilities not just because the law requires it, but because it makes good business sense.
If you’re facing an employment dispute or want to ensure you’re prepared for when one arises, our team at Davenport Solicitors can provide practical, commercial advice based on real-world experience.
Disclaimer
The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific advice in relation to any decision or course of action.
