The government’s ‘Good work plan’, published in December 2018, made a commitment to increase the penalties for employers that repeatedly breach their employment law obligations. Employment Tribunals now have the power to impose a £5,000 ‘aggravated breach’ penalty on employers losing cases, and from 6th April 2019, the maximum limit on these penalties has risen to £20,000.
When determining if an employer’s breach of employment rights has “one or more aggravating features” a Tribunal will take into account a number of factors such as whether:
- the action was deliberate or committed with malice;
- the employer repeatedly breached the employment right concerned; and
- the employer has a dedicated HR team.
As a dedicated HR supplier, we at HR Services Scotland Ltd become an extension of your management team assisting with the common pitfalls which can lead to tribunal action:
- Not following a disciplinary policy at all
- Not warning the employee of the possible consequences
- Not setting out the nature of the accusations
- Not giving the employee the relevant evidence
- Not giving ‘lesser’ warnings where appropriate
- Warnings given in ‘bad faith’
- Using previous disciplinary warnings
- Not allowing the employee to be accompanied
- Relying on evidence from one source/witness with no corroborative evidence
- Not giving an adequate appeal stage
- Can an employer advertise for a replacement before dismissal?
- Not keeping adequate, clear records of the whole disciplinary process
- Delays in dealing with disciplinary issues
- Having the same person deal with the whole disciplinary process
We understand employment law can be daunting. Our experts work to secure the interests of your business, protecting your rights when you need it most, allowing you to focus on running your business.
We get to know your company inside out, effectively becoming a key part of your team, leaving you to get on with your core activities.
Most small companies don’t employ a full time professional to deal with HR, which can be complex and time-consuming. This exposes your business to risk and can lead to costly mistakes.
Our SME Business Plan takes the hassle out of dealing with HR by giving your company all the benefits of having its own internal HR department, for just a fraction of the cost.
If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610