Employment Tribunal Risk: Accountability, Due Process and Evidence
As qualified HR consultants we need to emphasise the seriousness and importance of ensuring that the organisation's established policies, procedures and processes are followed consistently and correctly. In the event of an Employment Tribunal claim, the Company would be required to justify its decisions and demonstrate that it acted fairly, reasonably and in accordance with its legal obligations. This scrutiny may extend beyond the organisation itself to the individuals involved in the relevant decisions.
Directors, managers, HR personnel and other officers or ‘decision-makers’ may be called as witnesses and required to give evidence under oath or affirmation, explain the rationale for their actions, and answer questions about how decisions were reached and whether the correct procedures were followed. Their actions, judgement and credibility may be scrutinised in detail.
This is not simply a question of whether policies exist on paper or whether individuals can confirm that they are aware of them. The issue is whether those policies were genuinely applied in practice, whether appropriate steps were taken, and whether there is a clear and contemporaneous evidence trail to support the decisions made.
Where there is a disconnect between the organisation's stated procedures and the actions of its officers or employees, that inconsistency may undermine the organisation's defence and expose it to adverse findings and potential financial consequences. In certain types of claims, individuals may also face personal liability where the law permits it. The potential consequences should not be underestimated. Tribunal proceedings can place both the organisation's practices and the conduct of the individuals responsible under considerable scrutiny.
Processes must be followed in substance, decisions must be properly reasoned, and actions must be supported by evidence. A tick-box exercise, retrospective justification or verbal assurance that the correct process was followed will not provide adequate protection where the evidence shows otherwise.
Need help?
If you would like assistance with HR due process, investigation, disciplinary or capability please get in touch on 01473 276170 or email us at soshr@sos-hr.co.uk