“They are off sick again. Start formal action.”
Sickness and disability
Potential disability discrimination, failure to make reasonable adjustments or unfair dismissal, depending on the circumstances.
The business case for better employee relations decisions
One decision. Years of consequences.
A poorly handled employee issue can expose your business to far more than legal fees. Even a successful defence can be expensive.
Experience a Delibra case →EVERYDAY DECISIONS. SERIOUS IMPLICATIONS.
It rarely starts with a tribunal claim.
It often starts with an ordinary management decision where the legal implications are not recognised until later.
“It was only banter. Tell them to move on.”
Harassment and discrimination
Dismissing complaints can create harassment or discrimination exposure.
“They keep raising safety concerns. We need them gone.”
Whistleblowing
Detriment or dismissal connected to a protected disclosure can create serious legal exposure.
“Their performance is poor. Just dismiss them.”
Unfair dismissal
Insufficient evidence or an unfair procedure may expose the employer to an unfair dismissal claim.
MANAGEMENT ACCOUNTABILITY
HR cannot rewrite the decision you made.
HR can advise you. HR can challenge you. HR can support the process. But HR cannot erase the evidence you ignored, the words you used or the reasoning behind your decision.
Who will explain your decision under questioning?
You may have to produce records, give witness evidence and explain what you knew, what you considered and why you acted. In certain cases, managers can also face personal legal liability.
THE COST OF ESCALATION
You can win the case and still pay to defend it.
Investigations. Grievances. Appeals. Management hours. HR resources. Acas conciliation. Solicitor fees. Settlement negotiations. Disclosure. Witness statements. Tribunal hearings.
In Employment Tribunals, each party generally pays its own legal costs. Winning does not automatically entitle an employer to recover the money spent defending a claim.
THE DISPUTE STARTS BEFORE THE TRIBUNAL
150,000+ individual conciliation cases.
Acas handled more than 150,000 individual conciliation cases in 2025–26, with the majority resolved without reaching an Employment Tribunal. Early resolution matters because disputes can consume management time, HR resources and legal expenditure long before a hearing.
Source: Acas, 2025–26 reporting.
THE SCALE OF THE PROBLEM
The tribunal system is under pressure.
70,000
Outstanding single Employment Tribunal cases at June 2026.
+51%
Year-on-year increase in the outstanding single-claim caseload.
Source: Ministry of Justice, Employment Tribunal statistics, April to June 2026. Figures relate to outstanding cases.
THE COST OF PROCEDURAL SHORTCUTS
A poor process can make an expensive outcome even more expensive.
Up to 25%
Certain tribunal awards can be adjusted where a party unreasonably fails to follow the applicable Acas Code. This is not an automatic penalty for every procedural mistake.
THE PRICE OF LEGAL REPRESENTATION
How quickly could your legal bill grow?
£200–£579/hr
Published solicitor guideline hourly rates for selected grades and locations. These are cost-assessment guidelines, not guaranteed employment solicitor fees.
Source: HMCTS guideline hourly rates, January 2026.
THE CONSEQUENCES YOU DID NOT BUDGET FOR
The tribunal is not the only thing you could lose.
Could your decision cost the business its next client?
A public finding involving discrimination, harassment or retaliation can raise difficult questions during tenders, procurement and due diligence. Your next customer may want answers.
Are you comfortable having your decision examined in public?
Employment Tribunal judgments are generally published online. Findings about your business, and potentially named individuals, may remain searchable for years.
YEARS OF CONSEQUENCES
Could you defend todays decision in 2029?
Some Employment Tribunal regions have listed longer hearings into 2028 and 2029. Could you still explain your reasoning years later? Would your evidence support what you say?
Source: Ministry of Justice, July 2026. Listing delays vary by case and region.
THE SETTLEMENT PRECEDENT RISK
If paying to settle becomes the easiest option, what happens when everyone else notices?
Could repeated settlements create an expectation that raising a dispute leads to a payout? Settlements can be commercially sensible. But relying on payments instead of addressing the underlying management problem can leave your business exposed to recurring disputes, inconsistent treatment and further expense.
THE INVESTMENT VERSUS THE EXPOSURE
What are you really choosing between?
INVEST IN BETTER JUDGEMENT
£795
Per learner, per year
Develop the expertise to recognise risks and make more defensible decisions.
THE POTENTIAL EXPOSURE
Far more than an already expensive legal bill.
Management time. Investigations. Acas conciliation. Solicitor fees. Settlements. Tribunal preparation. Potential compensation. Public scrutiny.
Actual exposure depends on the circumstances. Training cannot eliminate all claims. Seek specialist employment law advice where required.
PREVENTION IS BETTER THAN CURE
Invest in your team’s judgement before you are investing in defending their decisions.
One decision can create years of consequences. Give your managers and HR professionals the judgement to recognise risk before it escalates.
Experience Delibra ER →Training does not replace specialist employment law advice where required.