
THE PARLIAMENTARY REVIEW
Highlighting best practice
2| VISTA EMPLOYER SERVICES
claims to ensure as little friction within
the company as possible. We also
provide training for managers that
allows them to handle matters of
discipline and management.
Our independent investigation services
are an impartial way of resolving
matters such as bullying, harassment
and other inappropriate behaviours,
including discrimination on the basis
of race, ethnicity, religion, gender or
sexuality. If necessary, we can provide
employment tribunal representation.
The most important consideration in all
of this is that dignity in the workplace
remains a top priority. Part and parcel
of this is our desire as a company to
promote inclusiveness and diversity.
What’s going on in the sector
In July 2017, the Supreme Court
declared employment tribunal fees
unlawful. After the ruling, the number
of single employment tribunal claims
increased by 90 per cent. Alongside a
period of uncertainty and heightened
risk for the millions of employers
across the country, there emerged
a new era in employee relations
management. With the tribunals and
employers so heavily impacted by the
new legislation, there will be long-term
implications for the sector.
When organisations are making HR
decisions, the best ones are looking to
deliver on compliance while achieving
organisational advantage through
engagement, whereas others can end
up trying to reduce their costs. Much
of this is done through the fear of
litigation, which drives compliance
behaviour.
Back in 2013, the impact of the
introduction of employment tribunal
fees on the number of claims that
were brought varied, depending
on the organisation. Those that
strived to achieve high performance
through good, ethical practice and
engagement were largely unaffected;
these organisations were spared
the additional scrutiny brought by
litigation – spurious or otherwise.
However, those organisations in the
more aggressive cost management
sector came to realise that they were
able to play increasingly fast and loose
with compliance, because in this “new
world”, cost advantages outweighed
the risk of litigation.
The value of claims being brought
isn’t always measured by people
successfully asserting their rights
and being compensated, but rather
by ensuring that the context of
regulation sustains its relevance within
organisations.
The tribunal system is right to focus
on the problematic nature of spurious
claims, because they spawn a “no win,
no fee” legal culture where payouts
are made by employers because that
is more cost-effective than fighting a
case, even though they would win.
This problem needs to be targeted
specifically, with ever-increasing
punitive measures to address non-
meritorious claims.
We provide a full suite
of HR training and
investigation services
Part and
parcel of this
is our desire as
a company to
promote
inclusiveness
and diversity
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