Half of employers think tribunals are biased in favour of employees

Half of bosses believe employment tribunals are biased towards employees, research has revealed.

HR advisory company Consult GEE found that employers are so worried about employment tribunals that they no longer give full or frank references for former staff.

More than six out of 10 claims were upheld at tribunals last year, fuelling employers’ fears, according to Consult GEE.

Stuart Chamberlain, employment law expert at the consultancy, said: “It is a real worry for the employment tribunal services that so many employers look on the entire system with suspicion.

“While we expect that some employers are always going to be worried that tribunals will have a bias against them, there have been a number of recent tribunal decisions that seem to defy logic and will only fan the concerns of employers.”

Seven in 10 employers told Consult GEE that the quality of information they receive in references about potential employees has become less valuable.

Chamberlain said: “If employers cannot rely on references, the process of recruitment becomes much more uncertain and expensive as employers will have to do other due diligence tests as a substitute.”

Almost half of employers revealed that they had faced employment tribunals in the past.

Chamberlain said: “There is little respite for employers, with yet more new employment legislation being introduced.

“There are now more than 70 individual types of claims employees can bring against employers, and often employees think that bringing multiple claims at one time will increase their likelihood of winning at an employment tribunal. The procedural system often appears stacked against employers.”

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