Common HR Mistakes That Lead to Employment Tribunal Claims And How to Avoid Them

As an Employment Law team, we often hear from employers after employment tribunal claims have already landed on their desk. Many of these claims stem from avoidable mistakes in everyday HR processes, often due to lack of training, inconsistent application of procedures, or simply not recognising when legal advice should be sought.

In this article, we look at some of the common HR mistakes and employment law mistakes we regularly see, and the practical steps employers can take to avoid employment tribunal claims.

One of the most common HR mistakes employers make is failing to follow a fair disciplinary procedure or grievance procedure.

Employers sometimes deviate from their own policies, overlook the ACAS Code of Practice, or rush the process when dealing with misconduct, grievances or employee disciplinaries. Common issues include:

It is important to remember that in an unfair dismissal claim, a Tribunal will consider both the reason for the dismissal and whether the process was fair in all the circumstances.

A justified outcome reached through a flawed disciplinary process can still result in a costly finding of unfair dismissal.

Our top tip: Ensure line managers and HR professionals are familiar with your disciplinary and grievance policies, as well as the ACAS Code of Practice. It is often easier said than done, but try to involve individuals who have the capacity to manage the process properly and give it the time it requires.

Tribunals often see cases where underperformance at work was not addressed formally, or where an employee was dismissed for capability without going through a fair process.

Common performance management mistakes include:

Where an employer is considering dismissing an employee for poor performance, it is important to follow a fair capability process. This usually means raising concerns early, setting clear expectations, offering support and keeping a written record.

Our top tip: Raise performance concerns early, document them clearly and use a structured process. A well-managed PIP can make the difference between a fair and unfair dismissal.

Discrimination claims workplace issues do not always stem from overt bias. More often, claims arise from poor handling of flexible working requests, insensitive remarks, “banter” that crosses a line, or the mishandling of sickness absence and family leave.

HR teams and managers need to understand that protection from discrimination under the Equality Act 2010 is not limited to a few obvious categories. The Act protects individuals from being treated less favourably because of nine protected characteristics. The Equality and Human Rights Commission confirms that the Equality Act protects people from discrimination because of protected characteristics including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Examples of unlawful discrimination at work may include issues involving:

Many claims arise not from malice, but from lack of awareness, poor communication or inconsistent decision-making.

Our top tip: Provide regular training to all staff on discrimination law, equality and unconscious bias. Managers should understand how everyday decisions about absence, performance, flexibility and conduct can create legal risk.

Sickness absence management, particularly long-term sickness absence, is understandably challenging. However, handling it poorly can lead to disability discrimination or unfair dismissal claims.

Common absence management mistakes include:

Where sickness absence may be linked to a disability, employers should take particular care. This may include obtaining occupational health advice, reviewing medical evidence, consulting the employee about adjustments and considering whether the employee meets the legal definition of disability under the Equality Act.

Our top tip: Involve occupational health early, consult with the employee about what adjustments might help, and consider reasonable adjustments before taking formal action. Incorrect assumptions can be very costly.

Another frequent issue is the absence of clear records. Employers may have acted reasonably, but if there is no evidence of what was considered, what was discussed or why a decision was reached, defending an Employment Tribunal claim becomes much harder.

Common problems include:

Documenting HR decisions is not simply an administrative exercise. It is often essential evidence if an employee later argues there was procedural unfairness, discrimination or dismissal without fair process.

Our top tip: Keep accurate notes, confirm key decisions in writing and make sure the reason for each decision is clear, consistent and supported by evidence.

Tribunal claims cost time, money and, in many cases, reputational damage, regardless of outcome. Most importantly, many are avoidable.

Getting the law wrong is one thing, but a lot of claims we see stem from getting the process wrong. A fair reason for dismissal can still be undermined by a poor process. Equally, a well-intentioned management decision can create risk if it is inconsistent, undocumented or discriminatory in effect.

If you are unsure, it is better to seek employment tribunal advice or wider employment law advice for employers proactively, rather than trying to rectify the issue after the fact.

A short conversation with our team now can help prevent a lengthy, stressful and costly claim later. Franklins’ employer-facing Employment Tribunal page confirms that the team provides clear, practical advice and representation to employers facing Tribunal claims, with the aim of minimising risk and protecting the business.