Most tribunal claims are not caused by deliberate non-compliance. They arise from well-intentioned decisions made quickly, not properly documented or left unresolved for too long.
Tribunal claims create significant anxiety, cost a fortune to defend and absorb time that businesses can rarely spare.
With the impending introduction of the updated Employment Rights Act, people will have more reasons to complain and you should expect more unexpected ET1s.
But don’t panic. Prepare.
Why smaller organisations are more exposed
Many organisations with fewer than 250 employees rely on informal management and player-managers in leadership roles. Without dedicated ER or in-house legal support, any complaint is likely to land directly on your desk.
Here’s how an independent HR consultant can help:
- Train your player-managers to understand key employment law issues and appropriate responses
- Review your policies to ensure that they are updated for the ERA changes
- Advise on statutory requests and required processes
- Resolve grievances early to prevent escalation
Not all claims have merit
The key question is often not “will we win?” but “how much will this cost to manage?”. A submitted claim does not necessarily have substance.
Early assessment helps you to understand whether a claim is likely to progress and what level of risk you face. Only around 20 percent of claims ever reach a full hearing.
Here’s how an independent HR consultant can help:
- Review claims to assess financial and time implications before you instruct a solicitor
- Support you in compiling and filing your initial response
- Undertake mediation or conciliation if early resolution is appropriate
- Draft settlement or COT3 documentation when required
Avoidance is your best defence
Preventing disputes saves money, time and reputation. Good practice delivers wider benefits too, such as a stronger employer brand, better engagement and lower attrition.
Here’s how an independent HR consultant can help:
- Provide early intervention and professional mediation
- Support or lead protected conversations and settlements where this is the safest route
- Review exit interviews and feedback to spot emerging hot spots
- Hear appeals independently to correct procedural errors before escalation
You will not eliminate claims entirely, but you can significantly reduce those caused by avoidable mistakes, unmanaged issues or inconsistent process.
While no employer can guarantee that they will avoid a tribunal claim, most serious disputes are preventable. Early intervention, clear decision making and consistent processes reduce both likelihood and impact.
Why engage an HR consultant?
Handling a tribunal claim in house can feel efficient, but it is often a false economy. Internal teams may be too close to the issue and your time is better spent on matters that require your expertise. External support brings perspective, objectivity, specialist judgement and the capacity to act decisively.
An HR consultant’s involvement often reduces both the likelihood of claims and the overall cost of resolving them.
Final takeaways
✔ Tribunal claims are likely to increase as statutory rights expand
✔ Some claims have no merit, so early risk assessment is essential
✔ Your time is better spent on strategic work, not tribunals
✔ Smaller organisations feel the impact more sharply due to limited internal capacity
If you’re reading this and thinking “This is exactly where we are right now”, a Human First HR Clarity Session is the ideal next step.
It’s a confidential, calm and practical conversation where we:
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Explore what’s currently taking up your time
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Identify the risks
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Pinpoint the quickest wins to stabilise the current situation
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Give you a clear, human‑centred plan for moving forward
No pressure. No judgement. Just clarity.
You don’t need to keep second‑guessing yourself. You don’t need to sit with the stress of it. And you don’t need to navigate it alone.
Bring the issue that’s weighing on you. Let’s work through it properly.
