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Do Your HR Practices Stand Up in Tribunal? What UK Employers Need to Know

Samira Cakali Samira Cakali
5 min read

The Importance of Sound HR Practices 

New research shows that only around one in six HR teams in the UK feel confident that their HR practices and processes would stand up in an employment tribunal. That figure alone should set alarm bells ringing for any business owner or senior manager. Behind the statistics lies a hard truth. Weak HR practices expose your business to legal, financial and reputational risk.

To speak to a business employment law specialist call 0113 320 5000

At Winston Solicitors we work with organisations of all sizes across the UK. We’ve seen how small policy gaps or inconsistent process can lead to big problems. Because of your legal duties and the increasing willingness of employees to pursue claims, you simply cannot afford to rely on “we’ll sort it if it comes up later”. You need to act now.

Why Many HR Practices Don’t Measure Up 

The research paints a picture of uncertainty. Many HR teams say they have fair confidence in their systems, but far fewer are very confident. For example, over 60 % of respondents said they were only “fairly confident” that their practices would survive legal scrutiny.

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There are a number of reasons for this:

  • Rapid changes in employment law that make previously adequate practices outdated.
  • Processes designed for smaller risks that are now being challenged in tribunals.
  • A lack of documentation, training or consistent application of policies across managers and locations.

One striking theme from employment tribunal decisions is that many claims succeed, not because the law was unclear, but because the employer’s processes weren’t sound or repeatable. In the tribunal’s eyes, it often comes down to whether your HR practices can be shown, step by step, to have been applied fairly and consistently. If they can’t, you face a risk.

What This Means for Your Business 

If your HR practices are weak, your business may be exposed in multiple ways.  

Firstly, there is the legal risk. A claim may be brought under unfair dismissal, discrimination, or other employment rights. Without strong processes, you may struggle to show you acted fairly.

Secondly, there is the financial cost. Tribunal awards are rising, and the process of defending a claim takes time, management resources and legal cost. For many businesses the cost of failing to get HR fundamentals right is far greater than the investment in getting them fixed.

Thirdly, there is the reputational and operational impact. A public tribunal case, or a pattern of internal workplace problems, damages morale. It can also affect how you’re seen by clients, as well as raising questions about your business culture and management.

So, when you read that only one in six feel truly confident, ask yourself: do you know where your HR practices stand? If the answer isn’t yes, you probably need to act.

How to Make Your HR Practices Tribunal-Ready 

The good news is that you can get ahead of this. Here are practical steps your business should consider.

Start by reviewing your fundamental HR documentation. Are your handbooks, contracts, disciplinary and grievance policies up to date? Are they simple to understand and consistently applied? If your policy says one thing, but the practice on the ground is different, you’re exposed.

Next, look at your training and management support. Processes only work if managers apply them properly. Are your managers aware of their responsibilities? Are they trained consistently? When a claim comes, tribunals look at how front-line managers handled things, not just what policy says.

Another key area is documentation and audit trail. When you take disciplinary or grievance action, do you keep clear records? Who made decisions? what factors were considered? How was fairness assessed? What support was offered? These details often become critical in tribunal settings 

Finally think about your service model. At Winston Solicitors we’ve seen businesses benefit from being proactive rather than reactive. That’s why we offer myHR, our HR and employment law support service on retainer. We also offer a 24-month HR & Policy Guarantee, where we update and keep your contracts and policies compliant for two full years. For businesses that don’t want to wait for a problem to land, this kind of support is often the smartest move.

Why Your Business Can Gain by Partnering with Us 

Our firm has supported hundreds of UK businesses with their HR and employment law needs. We know where the common pitfalls are and how tribunals assess practices. By working with us today you can:

  • Get a fresh external review of your HR practices and identify hidden risks.
  • Ensure your documentation is aligned with current law and good practice.
  • Give your leadership team confidence that the business is protected and compliant.
  • Benefit from predictable cost structure, avoiding ad-hoc legal spend when something goes wrong.

What You Should Do Next

If you haven’t reviewed your HR practice in the past 12 months, you should schedule it now. Gather your key documents, choose a senior resource to lead the review (whether internal or external), and set a plan. Keep in mind that process is not “one and done.” Employment law evolves. HR practices need regular review, testing and refreshing.

Take the time to ask:

  • If we were in tribunal tomorrow, could we demonstrate that our processes were applied consistently?
  • Do our managers know what to do and when?
  • Are our documentation and policies clearly written and practically applied?
  • Do we have a mechanism to maintain and update our practice when the next law change comes?

If you cannot answer those questions with a firm yes, you should consider external help. Many businesses see investing now as a much cheaper alternative to facing a claim later.

Contact Our Employment Law Experts for Support & Advice 

The research is clear. The majority of UK HR teams are unsure whether their processes would stand up in tribunal. For business owners, such uncertainty is not acceptable. Your HR practices are part of your business foundation. Weak practice creates risk. Strong, well-documented and regularly reviewed practice builds protection.

We believe that employers should feel confident that their HR foundations are sound. If you want support to review your HR practices, update your documentation and rest easy knowing your processes are tribunal ready, please get in touch.

Call our employment law team 0113 320 5000 or email employment@winstonsolicitors.co.uk for a consultation. 

Client feedback

Our company M-Integrated Solutions PLC  (and other subsidiaries) has worked with Paul Grindley for many years. Paul is a very professional gentleman who is always available, and provides solid 360 degree advice on Employment Law. Paul’s professional guidance and advice over the last 14 months during COVID has been absolutely invaluable. We would be delighted to recommend Paul to any company looking for solid advice in and around Employment Law.
Jim Curley, London
 Paul Grindley has provided us with advice on employment law for the past 15 years. His professional approach and vast experience always makes us feel we are in very safe hands regardless of the query.  Paul goes the extra mile in understanding the business needs  and therefore has always provided us with reassurance of a problem quickly.   During COVID Winston Solicitors has also provided us with regular employment law updates which we have found to be extremely useful.    
Cyan Studios Ltd, Leeds
Paul was extremely helpful and efficient. He was professional in every way and got the job done. Many thanks. I would highly recommend
Catherine
Very knowledgable. Gave great advice. Responded to emails swiftly and was generous with time on the phone.
Wayne
I am very satisfied with the service that I have received. Hugh and Paul have always been prompt in their responses and diligent in their work. I have very much appreciated their support during the past few months.
Paul Connor, Leeds
Prompt professional service
Jolene
I've used Winston solicitors a couple of times now and have found them very efficient and knowledgeable. In each case, everything was explained in layman's terms and unlike some other firms, the meter didn't start running as soon as you picked up the phone. Highly recommend.
Jonathan
Paul Grindley has provided us with advice on employment law for the past 15 years.  His professional approach and vast experience always makes us feel we are in very safe hands regardless of the query.  Paul goes the extra mile in understanding the business needs and employees, and therefore has always provided us with reassurance of a problem quickly.   During COVID Winston Solicitors has also provided us with regular employment law updates which we have found to be extremely useful.  
Adele Flesher Cyan Studios Limited, Leeds
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