Common mistakes to avoid in Employment Tribunal claims

Navigating an employment tribunal claim can be challenging, but by avoiding the following common mistakes, your chances of a successful outcome are far greater.

1. Not dealing with everyday issues and/or conflicts promptly

One of the most significant mistakes is failing to address workplace issues and conflicts as they arise. By taking a proactive approach to addressing problems, this can prevent them from escalating into formal disputes. Regularly addressing concerns will foster better relations with employees and can mitigate the risk of tribunal claims.

2. Outdated contracts and policies

Having outdated contracts and policies is a common error that can impact the amount of compensation an employee could recover at tribunal; failure to follow the correct procedure could lead to an increased award for an employee. If you would like your contracts or policies reviewed, we are happy to do this for you.

• Importance in light of current employment law updates: Employment laws are constantly evolving, and it’s essential to keep contracts and policies up-to-date to reflect these changes.
• Compliance and proper process: Up-to-date contracts and policies demonstrate compliance with current laws and proper procedures, which can be crucial in defending against tribunal claims.

3. Training for managers

A lack of training for managers is a frequent cause of employment tribunal claims. At Ashtons, we offer clients training on various matters, including Essential Employment Law, Employee Representatives, and Performance Management. Find out more: Training Courses 2025.

• Insufficient training: Managers who have not been properly trained may mishandle workplace issues, leading to disputes, grievances and claims. Regular training ensures managers are equipped to handle conflicts and understand legal requirements.

4. Not keeping a record

Full and proper records demonstrate that an Employer has complied with regulations and recommended procedures, and without this, it can be more difficult to demonstrate compliance.

• Records of steps taken to deal with issues: Written records are primarily a means to record a clear trail of actions and the reasoning behind decisions.
• Evidence relied on to make decisions: Tribunals prefer documentary evidence over witness testimony, as it is often more reliable and objective. Keeping thorough records can strengthen your case.

5. Lack of understanding of Tribunal procedure

A lack of understanding of tribunal procedures can lead to several mistakes. We would always advise seeking legal advice as early as possible when you are facing a tribunal claim.

• Using witnesses properly and ensuring they are prepared: It is important to select the correct witnesses. Ensure witnesses are well-prepared, are comfortable with their statement and understand their role in the tribunal.
• Missed tribunal deadlines: Missing deadlines can result in your claim being dismissed. Be aware of all timelines and submit required documents on time.
• Unrepresented claimants: If an employee is unrepresented, it will often fall on the employer to complete much of the work in preparation for a tribunal.

6. Failure to engage with ACAS Conciliation process

Ignoring the ACAS conciliation process is a common mistake that can lead to unnecessary tribunal claims.

• Benefits of ACAS Conciliation: Engaging with ACAS can help resolve disputes before they escalate to a tribunal. It provides an opportunity for both parties to reach a mutually agreeable solution, saving time and resources.

Contact our employment law solicitors today

By avoiding these common mistakes, you can improve your chances of a successful outcome in your employment tribunal claim. We can help make sure you are preventing tribunal claims and assist where a claim arises. Thorough preparation, following of procedures, and proactive conflict resolution will all strengthen your position at a tribunal.

If you have any questions regarding any of the issues raised in this article, please do not hesitate to contact our specialist Employment Law team by using our online enquiry form or by calling 0330 191 5713.