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Wednesday 9 March 2011

Employment Tribunal system broken!

This is the message from the Chartered Institute of Personnel and Development (CIPD) following their survey of more than 200 senior CIPD members with employee relations interests.

The report found that 61% of those surveyed have experienced an employee claiming unfair dismissal and "tagging on" a discrimination claim (which is uncapped) in the hope of getting more compensation.  55% said they had received a complaint against their organisation on malicious grounds. 52% would like to see the law on unfair dismissal amended to make it easier for employers to dismiss employees.

The CIPD reported that the volume of tribunal claims has increased and employers believe they have no protection against weak or speculative claims.  Those surveyed suggested that recent plans outlined by the Government to increase the minimum period from one year to two before an employee can bring a claim for unfair dismissal will have only limited impact on reducing the number of claims.  This is because many claims are linked to discrimination, or some form of protected characteristic, which can be brought from commencement of employment.

Any employer who has been involved in a grievance process, or had an employee bring a claim against them, will know how time consuming and costly this can be.  HR isn't a 'nice to have', it's essential and a legal requirement.  Your people are your biggest asset.  To avoid them becoming your biggest liability make sure you have the best processes in place to encourage mutual respect and improve communication with your workforce.

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