D URING periods of recession [...].Byline: JAMES WILDERS DURING periods of recession where unemployment rises significantly, it is often the case that employment tribunal Employment Tribunals are inferior courts in Great Britain which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes being concerned with unfair dismissal and discrimination. cases increase dramatically as employees may feel that they have been dismissed unfairly. As a business, there are a number of important steps to consider when preparing for employment tribunal claims and you should never assume that your business won't receive a claim just because it hasn't done so in the past. The following pointers will help you to deal with a claim if and when you are faced with one: 1. Begin by making sure you have contracts of employment in place for all staff. You may also need an employee handbook An employee handbook (or employee manual) details guidelines, expectations and procedures of a business or company to its employees. Employee handbooks are given to employees on one of the first days of his/her job, in order to acquaint them with their new company and containing clear policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental and make sure that staff know where they can access the handbook. 2. Get into the habit of keeping records as a matter of routine. This will enable you to recall past events and these records will also stand as evidence of those events. Handwritten hand·write tr.v. hand·wrote , hand·writ·ten , hand·writ·ing, hand·writes To write by hand. [Back-formation from handwritten.] Adj. 1. or typed documents, emails, text messages, answerphone answerphone answer n (esp Brit) → répondeur m (téléphonique) messages, photographs and even security video footage all count as evidence. 3. Encourage managers to keep a day book recording even informal conversations with staff about issues like performance, absence and minor misconduct. This should not be seen as inappropriate monitoring, but rather as an important part of a manager's role - contemporaneous handwritten notes can be a vital part of a defence. 4. Consider training for managers in areas like equal opportunities and handling disciplinary and grievance issues. 5. If you receive a discrimination questionnaire, take expert advice before completing it as responses to such questionnaires can prejudice your defence to any subsequent claim. Similarly, don't fail to respond as this could lead to an Employment Tribunal preferring your employee's case over yours. 6. Should you receive an Employment Tribunal claim, it is important to deal with it without delay as timescales for responding are limited. 7. If a claim against your organisation is due to be heard by the Employment Tribunal then make sure that all relevant individuals in the organisation are available to attend and give evidence. 8. Finally, consider insurance - Dickinson Dees provides a full package of protection including an advice line, and insurance against the costs of defending a case plus the costs of any compensation ordered. For further information, contact employment partner James Wilders from Dickinson Dees on (0191) 279-9240. |
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