Many employers worry that the odds are stacked against them when facing an employment tribunal. There’s a common perception that tribunals tend to favour employees, but is that really the case?
In truth, employment tribunals in the UK are independent and impartial. Outcomes hinge not on bias, but on evidence, procedure, and preparation. If an employer can demonstrate fair treatment, clear documentation, and reasonable steps, they stand a strong chance of a favourable outcome.
The real challenge lies in the detail: missed time limits, poor internal processes, or lack of legal guidance can easily undermine your position. That’s where expert support matters.
At Kingfisher Professional Services, we help employers navigate employment disputes with confidence. From internal HR procedures to tribunal preparation and settlement support, we ensure your business is protected and ready for whatever lies ahead.
Tribunals: Fair but Evidence‑Driven
Employment tribunals are designed to be neutral. The panel typically includes a legally qualified judge and, in some cases, representatives from both employer and employee backgrounds. There’s no inherent bias; tribunals follow facts, law, and due process.
That said, the burden of proof often starts with the claimant (usually the employee), particularly in unfair dismissal cases. However, once a claim is submitted, it’s the employer who must show that:
- They followed a fair and reasonable process
- Their decision to dismiss or discipline was justified
- The outcome fell within a reasonable range of responses
While this doesn’t amount to a bias against employers, it does mean that employers must meet high procedural standards. Even if the decision was justified, a failure to follow proper steps, such as issuing clear warnings or holding a disciplinary hearing, can result in a tribunal finding in the employee’s favour.
Employees may feel empowered by the accessibility of the tribunal system, and, indeed, claimants are not required to pay tribunal fees (following a 2017 Supreme Court ruling). However, that accessibility doesn’t automatically translate to success. Many claimants withdraw their claims or lose at the final hearing due to insufficient evidence or legal grounds.
Employers who prepare thoroughly, respond promptly, and understand the tribunal process are far better placed to defend their position. Legal representation, early HR engagement, and familiarity with tribunal protocols are key to ensuring the process runs smoothly and fairly.
Early Conciliation & Settlements
Before any claim reaches an employment tribunal, parties must go through Acas Early Conciliation, a mandatory first step intended to help resolve disputes quickly and without litigation.
During this process, an Acas conciliator works with both parties to explore whether a mutually agreeable settlement can be reached. It’s informal, confidential, and allows both sides to avoid the time, cost, and uncertainty of a tribunal hearing.
In fact, the majority of claims, around 76%, are resolved before reaching a full hearing. This may include:
- A withdrawal by the employee after discussing the case
- A negotiated settlement agreement through Acas
- A dismissal of the case at preliminary hearing for procedural reasons
For employers, engaging constructively in Early Conciliation is often a smart strategy. A realistic settlement can:
- Prevent spiralling legal costs
- Reduce reputational risk or media exposure
- Allow the business to focus on day-to-day operations
- Avoid unpredictable tribunal outcomes
However, not all claims should be settled. If the claim is weak, or the employer has strong documentation and a fair process on record, it may be appropriate to defend the case. Equally, employers must avoid appearing dismissive or hostile during conciliation, as this can reflect poorly later.
With expert HR and legal support, you can assess each case on its merits and make strategic decisions in line with your commercial priorities and legal risk.
Tribunal Trends: Escalating Claims & Workload
Tribunal statistics in the UK reveal a growing trend: more employees are willing to bring claims, and the system is under pressure.
According to Ministry of Justice data, Q1 2025 saw a 32% increase in open tribunal claims, with the most common claims being:
- Unfair dismissal
- Disability discrimination
- Breach of contract (especially around notice pay and final wages)
Increased awareness of employment rights, combined with social media sharing and legal support services, means more employees are prepared to make formal complaints.
The result? Delays, backlogs, and more stress for employers. On average, employers spend 4.8 weeks per claimdealing with legal correspondence, document disclosure, witness preparation, and hearings. That’s time away from core business activity.
This workload reinforces the need for early intervention and proactive HR management. Businesses that:
- Have up-to-date contracts and disciplinary procedures
- Train managers on fairness, consistency, and record-keeping
- Seek advice early when issues arise
are far more likely to resolve matters before they escalate, and are better protected if a tribunal does occur.
Why Employers Lose & What to Do Differently
Most employers don’t lose at tribunal because they made the wrong business decision, they lose because the process wasn’t followed properly or the documentation doesn’t support their case.
Key reasons employers lose at tribunal:
- Lack of written evidence (e.g., warnings, performance reviews, notes of meetings)
- Failure to follow a fair disciplinary or grievance procedure
- Inconsistent treatment of employees in similar situations
- Misunderstanding of protected characteristics under the Equality Act 2010
- Failure to engage meaningfully with Acas Early Conciliation
To improve your chances of success, follow this Employer Tribunal Readiness Checklist:
✔️ Documentation
- Keep detailed notes of all formal and informal meetings
- Retain signed copies of employment contracts and handbooks
- Use performance improvement plans where needed
✔️ Witness Preparation
- Identify who will give evidence early on
- Brief them factually and objectively
- Hold mock Q&A sessions with HR or legal support
✔️ Procedure Compliance
- Follow the ACAS Code of Practice on Disciplinary and Grievance Procedures
- Ensure hearings are conducted fairly, with written outcomes
- Give employees the right to appeal decisions
✔️ Acas Engagement
- Respond constructively to conciliators
- Don’t ignore or delay the conciliation process
- Explore settlement if it protects your business and saves cost
Case Example: An engineering company recently defended a disability discrimination claim at tribunal. Despite the claimant’s diagnosis, the employer demonstrated how reasonable adjustments were made and decisions were based on clear medical evidence and process. The tribunal ruled in favour of the employer, citing well-documented HR steps and clear communication.
Realistic Settlement vs. Litigation Decisions
Deciding whether to settle or proceed to tribunal is not just a legal question; it’s a commercial one. Factors include time, cost, risk appetite, and internal disruption.
Statistically, only 12% of unfair dismissal claims succeed in full for the claimant. Around 19% of claims are dismissed or struck out. The remaining cases are either withdrawn, settled, or dismissed at preliminary stages.
But even if you win, defending a tribunal claim can cost more than the average award. For example:
- The median award for unfair dismissal is £4,000–£8,000
- Legal fees and internal HR time often exceed this amount
- The reputational risk of contested cases can be significant
So, when should you settle?
- If the claim is borderline but time-consuming
- If reputational damage could outweigh the cost
- If internal disruption or key witness availability is a concern
When should you defend?
- If the claim lacks merit
- If a precedent could affect future cases
- If your internal process was robust and well documented
Kingfisher can support you in weighing these decisions carefully, helping you strike a balance between risk, cost, and principle.
How Kingfisher Can Help
Kingfisher Professional Services provides end-to-end tribunal support to help you reduce risk, protect your business, and handle employment disputes with confidence:
- Tribunal Preparation & Representation: We provide tailored HR template packs, help draft witness statements, and offer one-to-one coaching to prepare your team for hearings. Our consultants liaise directly with legal representatives to ensure a consistent defence strategy.
- Case File Auditing & Risk Assessment: Our experts review your internal documentation, identify procedural gaps, and assess your strengths and vulnerabilities before a claim progresses, ensuring nothing is overlooked.
- Settlement Strategy & Acas Engagement: We guide you through Early Conciliation, help evaluate the pros and cons of settlement vs. litigation, and coach you through negotiations with the Acas conciliator.
- Preventative HR Support: For long-term protection, we offer outsourced HR services, line manager training on disciplinary and grievance processes, and expert reviews of contracts, policies, and handbooks to ensure legal compliance.
With clear documentation, practical tools, and expert advice, Kingfisher helps you manage tribunal risk proactively, not just respond reactively.
Conclusion
Employment tribunals are not employer-friendly, but they’re not employee-friendly either. They are independent, structured, and evidence-led, with decisions based on the facts, the law, and the strength of each party’s case.
Tribunal success is about preparation, not persuasion. Employers who follow fair processes, keep proper records, train managers, and act early are far better placed to resolve issues before they escalate, or to defend them effectively if they do.
At Kingfisher Professional Services, we help you prepare for what’s ahead and protect against what’s avoidable. With practical advice, clear documentation, and strategic support, we turn tribunal risk into proactive prevention, giving you the knowledge, tools, and confidence you need to protect your organisation at every stage.
From internal audits and Acas negotiations to witness coaching, policy development, and outsourced HR, our approach is proactive, pragmatic, and built around your business.
Let’s face tribunals with confidence, together.