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Quick guide for Employers: How to avoid legal disputes and claims

Posted by: Alicja Bielawska
Posted in: Dispute resolution
Date published: 03/01/2024

Maintaining positive and lawful relationships with employees is paramount for the success and reputation of any business. Understanding the legal landscape surrounding employment is crucial to avoid disputes that can be stressful, costly and detrimental.

This quick guide provides essential strategies and insights for UK employers that can safeguard business and minimise the risk of legal conflicts with employees.

Clear Employment Contract

• As an employer, you are required by law to provide each employee and worker with a document called “Written statement of employment particulars”. This is not a contract of employment, but a simple document stating main conditions of employment. Nevertheless, we strongly encourage you to use full written employment contracts, to make sure not only your employee, but you are protected as well. Clarity in contracts helps prevent misunderstandings that can lead to disputes.

Compliance with Employment Laws and Practices

• Stay abreast of the latest employment laws and regulations in England and Wales. Compliance with statutory requirements regarding minimum wage, working hours, and employee rights is non-negotiable. Also, we recommend that you follow ACAS Codes of Practice.
• If you fail to so do, and employee successfully claims against you, the Employment Tribunal may award an uplift to compensation of up to 25%! Make sure you regularly review and update policies to align with legal standards.

Effective Communication

• Open and transparent communication is key to fostering a positive work environment. Regularly communicate with employees about company policies, changes in procedures, and expectations. Address concerns promptly and encourage employees to voice their opinions without fear of reprisal.

Proper Handling of Disciplinary Matters

• When disciplinary matters arise, ensure that the process is fair, consistent, and in line with company policies. Document all disciplinary actions and provide employees with an opportunity to respond. Adherence to proper procedures can prevent claims of unfair dismissal.

Equal Opportunities and Diversity

• Promote a workplace culture that values diversity and ensures equal opportunities for all employees. Discrimination based on gender, race, age, or other protected characteristics is unlawful. Establish and enforce policies that prohibit discrimination and harassment.

Reasonable Adjustments for Disabilities

• Comply with the legal duty to make reasonable adjustments for employees with disabilities. Be proactive in identifying and addressing the needs of disabled employees to ensure they can perform their roles effectively. Failure to make reasonable adjustments can lead to discrimination claims.

Flexible Working Policies

• Embrace flexible working practices where feasible. Offering flexible arrangements can enhance employee satisfaction and work-life balance, reducing the likelihood of disputes. Clearly communicate the process for requesting and implementing flexible working arrangements.

Grievance Procedures

• Have effective grievance procedures in place to address employee concerns and disputes. Provide clear guidance on how employees can raise grievances and ensure that investigations are impartial and thorough. Timely resolution of grievances can prevent escalation to legal action.

Training for Managers

• Equip managers with the necessary skills and knowledge to handle employment matters effectively. Training in conflict resolution, communication, and understanding employment laws can empower managers to overcome challenges and prevent disputes.

Legal Advice and Consultation

• When in doubt, seek legal advice. Consulting with employment law solicitors can provide guidance on specific situations, helping you make informed decisions and minimise risk of legal claims being issued against you.

As dealing with employment relationships can be challenging, you can always count on us. Proactive measures, such as clear employment contracts, effective grievance procedures, and ongoing communication, can significantly reduce the risk of legal disputes, contributing to a harmonious and productive work environment.

Have you heard about our IMD Employer Protect service? From unlimited legal advice and standard employment letters to HR software and insurance against employment claims, our suite of services empowers you to foster positive relationships, stay compliant, and mitigate legal risks.

Choose IMD Employer Protect for a proactive approach to employment management and ensure the success of your business. Click here to learn more about IMD Employer Protect, and let us take care of your employment matters.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit Employment section of our website.

Call us now to discuss your case 0330 107 0106 or email us at business@imd.co.uk.