When disputes arise, setting out the issues and engaging in an early dialogue can avoid the need for the involvement of the Tribunals. Employment claims must now be referred to ACAS before a claim can be issued at the Tribunal so there is a greater emphasis on reaching a commercial compromise early on. Given that legal costs in Tribunal claims are generally irrecoverable, it is in the interests of both parties to reach a deal.
Employment disputes can be avoided or their impact minimised if the appropriate documentation is in place and the correct procedures are followed.