A prerequisite for any employer is the ability to demonstrate through proper procedures and policies that situations that are likely to lead to litigation have mechanisms in place to deal with them. This includes dismissal and disciplinary procedures, grievance procedures, equal opportunities procedures, redundancy procedures and staff rules of conduct. Such procedures should be effectively implemented and those who will be making decisions affecting employees, such as line managers should be fully aware of the correct procedures to implement in certain situations.
All employers should consider taking legal advice in order to understand their legal rights and obligations. Employment law is so complex at the present time that it is almost impossible for employers to be fully au fait with current case law and employment tribunal decisions.
In any potential situation that could lead to litigation, relevant information should be gathered at the time and also retained. This will include documentary evidence, such as correspondence and notes of meetings, physical evidence if there is any and any witness statements or witness evidence.
In relation to documents, it is important to keep not only the typed transcript but the original hand written notes from which the transcript was prepared. Much time can be saved if both manual and electronic records are properly indexed and chronologically arranged as it is often very difficult for an accurate recall of facts, dates and events to take place some time after the incident which led to the litigious dispute.
Above all else, notes of meetings are crucial in presenting meaningful evidence to an Employment Tribunal. These should be made contemporaneously and drafted immediately afterwards. They should identify all those present including the date and location together with a start and finish time of the meeting. As far as possible, they should contain a verbatim account or att least a detailed summary of what was said and should also refer to any documents which were considered in the course of the meeting. Naturally, all correspondence between the relevant parties should also be retained.
Physical evidence, in terms of any damaged equipment, computer records etc is often helpful and it is perfectly reasonable to take photographs of items or locations which will assist in the future.
Statements taken when dealing with the issue can be used as evidence, both in the disciplinary process and of course, at any subsequent litigation.