How to avoid Tribunal Claims for your company.

tribunalTribunal claims have dropped significantly since the introduction of fees. Despite this many organisations (including legal firms) still sell HR services linked to Tribunal insurance, which introduces a risk adverse much slower pace and lengthy process for resolving disputes. Failure to follow advice or a long winded process

In the most expensive pay-outs for 2015, it is easy to see both a public sector bias and also a theme regarding the types of claims. For instance, due to the Equality Act, any situation where your approach to staff with additional protection may deemed to be unfair might leave your business exposed.

Ensuring you are treating all your staff fairly and even handedly will be important. Likewise getting good pragmatic advice as early as possible if you have any concerns. Ask whoever you are going to work with if they have ever lost a Tribunal? We haven’t in 25+years across a variety of sectors and we are very proud of that fact.

Personnel Today have done a great summary to round up the six-figure employment tribunal awards that employers were ordered to pay in 2015, with a total compensation amounting to £2.5 million.

Expensive employment tribunal awards: six-figure sums in 2015 

  1. Large award for caste discrimination claimant

In Tirkey v Chandok and another, a claimant who brought a groundbreaking caste discrimination case was awarded a total of £266,537.

  1. Employees dismissed after raising commission concerns

In Gilmore and others v Vodafone Ltd, five salespeople who were dismissed after complaining about how their commission worked were awarded £264,349. 

  1. Mismanagement of sick leave was disability discrimination

In Turner v DHL Services Ltd and another, the claimant was awarded £257,127 over his employer’s lack of support when he went off sick as a result of work-related stress.

  1. Redundancy of mother of disabled child

In J v H Ltd, the employer was required to pay out £251,460 to the mother of a disabled child over the way in which her redundancy was handled.

  1. Dismissal of employee with acute anxiety

In Marcelin v Hewlett Packard Ltd, a claimant who was disciplined for, among other things, his refusal to consent to the release of a medical report was awarded £239,913 for disability discrimination. 

  1. Large award for senior NHS whistleblower

In Sardari and another v South Devon Healthcare NHS Foundation Trust and another, the employment tribunal found that a senior NHS manager who raised concerns about an alleged biased recruitment process was subjected to a detriment for making a protected disclosure. She was awarded £228,778.

  1. Deceased London Underground worker in large payout

In O’Sullivan v London Underground Ltd, a deceased London Underground worker was awarded £223,869 for disability discrimination. In the event of a successful claimant’s death, the tribunal award goes to the claimant’s estate.

  1. Disability discrimination against ME sufferer

In A v S, an employee with chronic fatigue syndrome (ME) was able to show that the way in which a move to a new role and her subsequent absences were handled was discriminatory. Her compensation totalled £192,656. 

  1. Financial officer dismissed after accounting disclosure

In Nishioka v C&S Shops Ltd, a financial officer who was suspended and summarily dismissed after raising accounting concerns was awarded £184,741 in a tribunal. 

  1. Employer admits constructive dismissal

In Asare-Brown v Mortgage 27 Ltd, an employer that admitted that it constructively dismissed a web designer after non-payment of wages was required to pay £130,702.

Median employment tribunal awards 2014/15

Sex discrimination: £13,500

Disability discrimination: £8,646

Race discrimination: £8,025

Age discrimination: £7,500

Unfair dismissal: £6,955

Sexual orientation discrimination: £6,000

Religious discrimination: £1,080

THE REAL COST OF GETTING IT WRONG

Generally the cost of getting it wrong is much bigger than the actual claim. Management time, morale and reputation, retention and if it gets in the press it can affect sales.

At Amelore we have a tailored our services to help business grow quickly and feel confident about making the right decisions. We have never lost a Tribunal (as a company) or in the history of Ruth Cornish our founder who has worked in a variety of sectors including the City and the Public Sector.

Call us on 01453 548070 if you’d like to discuss your needs.

 

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