Warning for employers over rise in tribunal claims

Scottish businesses are facing a wave of Employment Tribunal claims following a sharp rise in applications during the COVID-19 pandemic, according to legal firm Aberdein Considine.

More than 800 single tribunal claims were lodged in Scotland between April and June – up 21% on the same period last year to the highest level in almost a decade.

The firm is warning that the situation could get worse unless businesses get to grips with what it says is an “increasingly complex employment landscape”.

Partner Sally-Anne Anderson commented: "Although the Coronavirus Job Retention Scheme (CJRS) has been extended, it is a sad fact that many more job losses could still be in the pipeline when it does come to end. 

"It’s been an incredibly difficult time for the majority of businesses in Scotland, but we are seeing a trend of employers who are not following correct redundancy procedures and this is only likely to result in more unfair dismissal claims.

"There is also evidence to suggest that some employers are making blanket decisions to make employees who were furloughed redundant. As some employees may have been put on furlough for reasons relating to childcare or health concerns, such an approach could lead to an uplift in discrimination claims as well as unfair dismissal claims."

She also anticipated a rise in claims related to measures taken during lockdown, relating to breach of contract, holiday pay or unlawful deductions from wages, as well as health and safety claims related to a return to the workplace.

Employers having to manage restrictions and try to rebuild their businesses would also need to take action to avoid having to deal with tribunal claims. 

"Unless the situation is well managed and the lines of communication remain open and reasonable, this is simply exposing firms to costly and time consuming employment issues which are avoidable", Ms Anderson concluded.