Tribunals can trip up any employer who fails to measure up
Comment Alastair Mcfarlane
There is no doubt that we live in a society where individuals are more prone than ever to make a claim. But as an employer what can be done when faced with one from an employee?
You should certainly carry out a comprehensive audit – an objective assessment of all you do and how you do it. Of course, you follow the prescribed formula when a person is offered a role. They know precisely the arrangements under which they are employed and from the initial advertisement and follow through what is required of them.
How accurate, however, is the job description? Is there consistency between this and others across the business? Does it contain sufficient detail, particularly if there have been changes recently in the requirements of the role? What does it matter? A lot, really, since quite a few tribunals have been lost due to a lack of clarification in the job remit.
Then when the terms and conditions have been set, have they been signed by both the company and the recipient? It is not unusual for this simple act to be “left over” making them valueless. And what about that job description again – should it not also be confirmed as accepted for everyone’s benefit. As an employer, you may well react negatively to the administrative jungle that surrounds critical elements but it is all too easy to lose out if focus is not given.
On all too many occasions, when the crunch comes, the excuse is “no-one ever told me”. If you did tell them, then prove it with a sign off between both parties. And do we really check out the progress of each new employee after three months? The terms and conditions regularly advise that this is an integral part of the employment process but it is one that all too often is left by the way-side. To prevent problems later it equally justifies being signed off correctly.
Remember, also, that in the Scottish tribunal procedure those involved in any situation are usually called forward by either party to give evidence as opposed to the less personalised submission of documents.
A study can be made of previous tribunal decisions. Checking on these provides a particularly valuable learning curve, while showing how easy it is to get it wrong. l Alastair Mcfarlane, Professional HR Services: www.professionalhrservices.co.uk