Are employment tribunals keeping you awake at night?

Are you losing time, energy and money dealing with employment tribunals?  People Director Catherine Wood explains how you can approach the process with confidence, knowing you’ve got everything covered.

Whether it’s your first one or you’ve been through the process before, tribunals can be a huge distraction, taking you away from the day-to-day running of your business. But here’s the thing, tribunals don’t have to be as overwhelming as they might seem.

I’ve supported businesses through many tribunals, and while no two cases are the same, the difference between going it alone and having someone guide you is night and day. Let me share three stories that illustrate this—two where the outcome went well, and one where things got more complicated.

A successful tribunal outcome

One of the companies I worked with many years ago, faced a tricky tribunal case after closing a smoking room on their premises. Under ‘custom and practice,’ some of the 60 strong employees had been using the room for years, but when legislation changed, the founder led company made a reasonable adjustment by building a bus shelter structure outside. Still, one employee wasn’t happy and took them to tribunal.

From the start, I worked closely with the Managing Director and their team. I liaised with ACAS to manage expectations and explore early resolution options, created the necessary bundle of documentation for court, and coached key individuals on what to expect.

When the case went to tribunal, I was there to represent the company and speak confidently about their culture, processes, and decision-making. In this case, the tribunal ruled in favour of the employer, finding their actions both reasonable and compliant.

The MD later told me how relieved he was to have someone who understood the process inside and out, kept him informed at every step, and saved him time and stress. Instead of losing sleep over the tribunal, he was able to focus on running the business.

When the stakes are high

Not all tribunals are straightforward. In another case, I supported a business facing a high-risk claim involving a long-term employee who had taken a significant amount of time off work. It was a start-up company with 20 staff, so one person’s absence really took its toll on the team. There was a concern that the claim could be tied to disability discrimination, which carry unlimited compensation pay outs.

The company had done nothing wrong—they’d followed all the right processes and provided appropriate support—but tribunals can be unpredictable.

From the outset, I worked with the MD to outline the risks and what the potential outcomes might look like. I coached the leadership team on how to present their case clearly, liaised with ACAS, and created the documentation bundle to submit to the court.

Throughout the process, I provided honest, realistic updates. Some advisers might say, ‘You’ll definitely win,’ but I prefer to equip businesses with the information they need to make decisions based on all possible outcomes. In this case, the tribunal ruled in favour of the company, but the MD told me later that what they valued most was the clarity and control they felt during the entire process.

When an employee wins: reintegrating them into the business

Winning a tribunal doesn’t always mean the employee moves on to a new company; in some cases, they return to the same role.

I supported a business in exactly this situation when an employee was reinstated after he won a successful tribunal claim and chose to return to working for that founder led company. The manager involved in the original issue had since left, but tensions among the wider team of 35 people were still high. My role was to help the MD focus on moving the business forward while ensuring the returning employee was treated fairly and equally; ensuring that he was not overlooked during a restructure protected the company from a further claim of discrimination.

I coached the MD on handling the team dynamics and led an engagement process to rebuild trust. This included open communication with the team and fostering an inclusive culture to avoid any lingering resentment. By ensuring everyone felt supported, the business was able to move past the tribunal and get back to business as usual, with a stronger, more united team.

How a fractional People Director can ease the pain?

Employment tribunals can be a minefield of legal jargon, tight deadlines, and high emotions. For many MDs, it’s a process they’re unfamiliar with—and one they’d rather not deal with. That’s where a People Director can make all the difference.

Here’s what we bring to the table:

• Understanding the process: Tribunals are all about following procedure, from documentation to communication. We know what’s required at each stage and can ensure you don’t miss a step.
• Managing expectations on both sides: We’ll liaise with ACAS, explore settlement options, and provide clear, honest advice about your chances and risks. Media reports of occasional high pay outs have led to some individuals thinking it is worth the gamble of taking their employer to court. However, the average pay out is £7,000 and often this information alone can help resolve cases out of court.
• Reducing stress: From creating the tribunal bundle of legal documents to coaching witnesses, we take the pressure off, so you can focus on running your business.
• Confidence in court: Whether representing your company or supporting your team, we bring experience and professionalism to the tribunal room.
• Protecting your business: By guiding you through the process, we help reduce risks, avoid costly mistakes, and protect your company’s reputation.

Taking back control

At the heart of it, having a fractional People Director on board means you don’t have to face the uncertainty of a tribunal alone. We give you the tools, knowledge, and support to approach the process with confidence.

With the right guidance, you can turn what feels like a major distraction into a manageable process, leaving you free to focus on what you do best: growing your business.