Initially, most employers will not see much change as a result of this judgement but we do expect to see an increase in the number of tribunal claims brought. Since tribunal fees were introduced in 2013, there was approximately a 70% reduction in the number of single tribunal claims brought against employers. Now that those tribunal fees have been abolished, there is nothing to show that the numbers of claims won’t increase to previous levels however this would not be instantaneous and may take some time.
So with it being far easier for employees to bring tribunal claims, and with a high probability the number of claims will rise, what can you do? Well, in short, there is not much you can do about the number of claims. If an employee wants to bring a claim, they will. Although there are structures in place to avoid a claim going to tribunal, these methods would involve paying money as part of a settlement.
The best thing you can do is ensure that all of your HR processes are absolutely watertight, and follow every letter of the law. By doing this, you will hopefully reduce the number of claims against you as they will have no prospects, and you will certainly reduce the number of successful claims, which means you won’t be paying large awards out to claimants.
It’s vital at this time that you protect your business by putting in place comprehensive HR processes that follow the law closely, ensuring your employees will not have good claims against you.