8.Do not make assumptions.If in doubt seek legal advice. For example, most employers assume that they can do what they like with employees with less than two years’ service. In many cases they can dismiss, but there are exceptions and it is worth checking that they do not apply. For example, employees do not need any length of service to bring a discrimination claim. In many cases where employees claim that certain rights are being infringed, they would be entitled to claim unfair dismissal without having two years’ service. 9. Monitor and correct pay levels – equal pay is becoming an ever-bigger issue. More and more claims are being made in this area. It is therefore worth employers carefully monitoring salary levels and doing all they can to ensure that those doing the same or a comparable job are paid at the same rate. 10. Consider admitting your mistakes. There is a natural reluctance to do this. It can pay dividends. Tribunals get extremely frustrated with people defending the undefendable. However, they are very grateful to those who accept mistakes and may then be better disposed when deciding what the consequence of the mistakes is. For example, I recall fighting an unfair dismissal claim based upon redundancy where there were significant procedural errors. In the morning the witnesses and I got a good kicking. At lunchtime
of the day the award against us was £800, when we had offered more than double that and would have been prepared to go a little higher. To all intents and purposes, we were the victors l NigelTillott is managing director of Davies and Partners’ Gloucester office. He has been practising employment and regulatory law for over 30 years.
Davies and Partners Solicitors, Rowan House, Barnett Way, Barnwood, Gloucester, GL4 3RT DDL: 01452 689100 Email: nigel.tillott@daviesandpartners.com
Nigel Tillott, head of employment and regulatory law, Davies and Partners Solicitors
the tribunal hinted that the parties should try to resolve matters. We took the hint. The former employee’s solicitors did not. We admitted that technically we had got the dismissal wrong, but that the outcome would have been the same had we not. Suddenly the tribunal realised that the other side were being unreasonable in holding out for substantial sums, we were given an easy ride and at the end
The security business ‘Up there for thinking, down there is for dancing,’ said the doorman, as I decided whether to go to the quiz or the disco l
AWKWARD! That awkward moment when you ask a lady if she is pregnant and he says no l
30 | February 2019 | www. punchline-gloucester .com
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