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A guide to avoiding employment tribunal issues

Posted:
26 March 2024
Time to read:
5 mins

Employment tribunal claims can be costly, time-consuming, and damaging to a company’s reputation. Navigating employment law can be a daunting task for employers. With a complex web of regulations and statutes, it is, therefore, crucial for businesses to stay informed and proactive to avoid potential legal claims.

From recruitment to termination, our BLHR service can help you prevent sticky situations in the workplace and put you in the best position to defend any potential claims at an Employment Tribunal.

If you spend most of your time working on HR and employment issues instead of running your business, if you are within an internal HR team and need up-to-date employment law advice, or if you are unsure of what to do and where to turn when an issue with an employee arises, then BLHR is here to help.

What is BLHR?

BLHR is unique in its service offering. Rather than simply supplying a one size fits all approach, our experts provide a comprehensive package that truly meets your organisation’s needs. Working alongside your organisation and team, we assist you with your HR and employment law challenges so you and your team can focus on your own work challenges.

We will allocate an experienced HR adviser and qualified solicitor to work with you and provide the BLHR service. They are specialists in HR and employment law matters and will be your BLHR team. Your BLHR team are supported by the wider employment and BLHR team, who are also on hand to assist.  

How we can help you avoid sticky situations in the Employment Tribunal

1.       Know your obligations

We can help to ensure you are familiar with key employment legislation and stay updated on changes to employment law.

2.       Fair recruitment practices

We can assist in ensuring job advertisements are non-discriminatory, inclusive and avoid language that could discourage certain groups from applying. We can also coach you on conducting interviews which avoid asking questions that could lead to discrimination claims, such as those related to age, marital status, or disability.

3.       Clear employment contracts and Staff Handbook

We can help ensure compliance with the national minimum wage rates and advise on keeping accurate records of employee working hours to prevent underpayment claims.

We can also advise on adherence to the Working Time Regulations.

4.    Compliance with National Minimum Wage and Working Time Regulations

We can assist in implementing robust policies and procedures to prevent discrimination, harassment, and victimisation in the workplace. We can also provide training to employees and managers on equality and diversity and ensure complaints are investigated promptly and thoroughly. 

5.       Prevent discrimination and harassment 

We can assist in implementing robust policies and procedures to prevent discrimination, harassment, and victimisation in the workplace. We can also provide training to employees and managers on equality and diversity, and ensuring complaints are investigated promptly and thoroughly.

6.       Handling grievance and disciplinary matters

We can assist in establishing clear procedures for handling grievances and disciplinary matters, ensuring compliance with the ACAS Code of Practice. We can also advise on conducting fair and impartial investigations into allegations of misconduct or poor performance and ensuring employees are provided with the opportunity to respond and appeal decisions. 

7.       Flexible working requests

We can advise on considering flexible working requests and ensure they are considered in line with the statutory framework. We can also assist with responding to requests promptly and advise on alternative arrangements where a request is not feasible.

8.       Family friendly policies

We can ensure you are aware of employees' right to various types of family friendly leave and advise on compliance with statutory requirements.

9.       Redundancy procedures

We can advise and assist you in following a fair and transparent redundancy procedure, including consulting with employees and exploring alternatives. 

10.   Reviewing and drafting letters

We can review and draft letters, ensuring they are concise, accurate, giving effect to the intentions of the parties concerned and, where appropriate, legally compliant and following HR best practice. 

Why should I choose BLHR?

BLHR combines practical HR and compliant employment advice from a trusted, established and known law firm as and when you need it for a fixed annual fee.

As part of our service, your BLHR team will:

  1. Ensure you are fully compliant by reviewing and updating any existing contract of employment, staff handbook, and HR related policies or providing you with new documents tailored to your needs and updated throughout.
  2. Provide you with initial or straightforward HR and employment law advice and assistance relating to a range of matters.
  3. Draft HR and employment related documents and letters as you need them.

Advice will be fast, pragmatic, tailored, and commercial. It will be provided by telephone, email, video conference, and in person at our offices. We can also visit you at your premises (charged in addition). You can also access our ever-growing online resource of guidance, template letters, and documents.

You will also be invited to events, including Birkett Long’s regular breakfast HR Forum, to hear about any latest updates, ask questions, and improve understanding, competence, and skills.

By prioritising compliance and employment law and implementing best practices in HR management, you can minimise the risk of encountering sticky situations in the Employment Tribunal and protect your business from legal liabilities, which can save you time, money, and reputation in the long run. 

If you have any questions about employment or our BLHR service, please get in touch with the BLHR & Employment Team. We will be happy to discuss how we can help.

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