Employment Tribunal claims can be costly, very stressful, time-consuming and disruptive for any business. For employers operating in Scotland, many claims arise not because of intent, but due to poor process, inconsistent decision-making or a lack of clear documentation.
At LBJ Consultants, we support hospitality employers across Scotland to reduce risk, comply with employment law and manage workplace issues effectively before they escalate.
Understand Your Responsibilities as an Employer
Employment law applies across the UK, but how it is applied in practice often comes under close scrutiny in Tribunal cases involving Scottish employers. Claims most commonly relate to unfair dismissal, discrimination, unpaid wages, breach of contract and failures in procedure.
Employers should ensure that employment contracts, workplace policies and procedures are legally compliant, up to date and clearly communicated to staff. A failure to do so can significantly weaken an employer’s position if a claim is brought.
Follow Fair and Lawful Procedures
A frequent cause of Employment Tribunal claims is an employer’s failure to follow a fair process. This includes disciplinary action, dismissals, redundancy processes and grievance handling.
Employers should ensure that procedures are:
- Clearly documented and accessible to employees
- Applied consistently across the organisation
- Followed carefully and without unnecessary delay
- Supported by objective evidence
Even where an employer believes the outcome is justified, a failure in process alone can lead to a successful claim.
Keep Clear and Accurate Records
Good record-keeping is critical. Employers should maintain clear records of performance reviews, absence management, disciplinary meetings, grievances and key communications.
In Tribunal proceedings, written evidence often carries significant weight. Accurate documentation can demonstrate that decisions were reasonable, proportionate and procedurally fair.
Address Issues Early
Many disputes escalate because concerns are not addressed at an early stage. Employers should encourage open communication and respond promptly to employee issues.
Early, informal intervention can often resolve matters before they develop into formal grievances or Employment Tribunal claims.
Costs of Legal Support in Tribunal Matters
Where matters do progress to a Tribunal, legal costs can increase quickly. In Scotland, the average daily cost of employment law support is typically:
- Junior employment lawyers / solicitors: £300–£500 per day
- Mid-level employment law specialists: £500–£900 per day
- Senior counsel or specialist advocates: £900–£1,600+ per day
Costs will vary depending on complexity and length of proceedings. Early advice and proper case management can significantly reduce overall legal spend.
Seek Professional Advice at the Right Time
Employment law issues can quickly become complex. Seeking professional advice early can prevent costly errors, protect your position and reduce the likelihood of matters escalating unnecessarily.
LBJ Consultants work with employers across Scotland to provide practical, compliant advice tailored to each situation. We help you manage risk, improve processes and take informed action at the right time.
Conclusion
While it is not possible to eliminate all risk, employers in Scotland can significantly reduce the likelihood of facing an Employment Tribunal claim by:
- Understanding their legal obligations
- Following fair and consistent procedures
- Maintaining accurate records
- Addressing issues promptly
- Seeking expert advice when needed
Taking proactive steps now can protect your organisation, your employees and your reputation.
Speak to LBJ Consultants
If you are dealing with a workplace issue or want to reduce your exposure to Employment Tribunal claims, early advice can make a critical difference.
Contact LBJ Consultants today on 07984 568523 to discuss your situation in confidence.
