As far as employment law is concerned, it looks like there are busy times ahead. The new Labour Government’s plans set out as part of their manifesto made their desire for change clear. And that includes their intention to increase the time limit within which employees can make an employment tribunal claim from three to six months. What could this mean for employers?
What are the arguments in favour of this change?
Labour’s acting in line with a Law Commission recommendation from 2020. The party points out this change in timescale will align with time limits for statutory redundancy and equal pay claims and will also allow a longer time for internal procedures to be completed. That’s something they believe could reduce the number of claims.
Labour also highlights that the three month limit has been particularly challenging for certain groups to comply with. They give the example of someone making a claim for pregnancy discrimination, pointing to evidence that shows many women have struggled to make funds available to lodge claims within the current time limit.
Employers should be cautious
While there are potential positives, many employers will be wary about these proposed changes. No matter how well intentioned, giving employees a longer time period in which to make the decision to take their employer to tribunal does seem likely to encourage more claims. That’s probably going to be exacerbated by Labour’s plan to make submitting a claim for unfair dismissal a day one right (although subject to probation periods), rather than needing to have two years’ service.
Tribunal claims can arise for many reasons
Of course, even as things stand now, employers must be extremely careful about managing the risk. Employment tribunal claims can arise for many reasons and stem from a whole range of workplace situations.
For example, a manager (at any level – from team leader/supervisor to the senior team) not handling an HR matter with an employee properly. That could occur because they aren’t aware of the key policies and procedures. Alternatively, they might be aware of them but don’t apply them correctly. There might be a failure to comply with the requirement to follow a fair process. Someone might use language or make comments that ultimately lead to discrimination claims.
Or communication errors could cause a situation to escalate. In this recent case, the failure of departments to communicate clearly led to an HMRC employee winning her harassment claim. She had requested minimal contact while off sick with work-related stress. But contact continued; over a three-week period for instance, she was contacted eleven times.
Minimising the risks of being taken to an employment tribunal
With so many potential scenarios that could turn into situations leading to an employment tribunal, how can you reduce the risks?
Make sure your employment contracts are clear
Do all your employees have the necessary documents in place? Clearly outlining their roles, responsibilities and the terms and conditions of their employment will help avoid misunderstandings.
Ensure you have robust policies and procedures
It’s vital to have up-to-date and clear policies and procedures covering areas including disciplinaries, grievances, performance management, absence management and bullying, harassment and discrimination. Make sure employee handbooks are reviewed and updated regularly too.
Provide regular training to your managers
It’s important that all of your managers understand the risks to prevent inadvertent employment law breaches. Provide regular training so they’re familiar with your company’s HR policies and procedures and know the role they’re expected to play in applying them consistently. Remind them of the importance of keeping detailed records of employment-related matters, such as recruitment, performance reviews, and grievance and disciplinary actions as they are likely to be crucial evidence if a dispute arises.
Remember too that employees also need to understand their responsibilities so make sure they’re also given refreshers on their obligations.
Encourage effective communication
By encouraging good communication channels between management and employees, you’ll help everyone feel comfortable with raising issues early on. That can contribute to speedier resolution internally rather than the situation escalating. Good communication between departments reduces the risk of misunderstandings too.
Make sure your communications relating to performance management are open and consistent as well. That way, everyone knows what’s required of them. By getting regular feedback about how successfully they’re meeting expectations, employees can get support and training where needed which can help with avoiding disputes.
And finally – it looks like we are going to be in for a very busy period over the next few months as far as employment law is concerned. So keep on top of the changes to make sure your business remains compliant.
Make sure you don’t end up facing a costly employment tribunal
Are you concerned about meeting your HR obligations and managing employment law requirements? Could you do with expert support to ensure a fair and compliant workplace? As HR and employment law specialists we can help you with a whole range of HR issues. Please contact us today if you’d like to find out more.
