20/08/2026
Employment tribunals rarely come completely out of the blue.
Usually there are warning signs long before a claim that the employer missed.
Because small business owners are busy running the business, not looking for early indicators that their employee is going to take them to court.
Below are some of the common warning signs we see that escalate into claims if no action is taken by the employer.
But spotting the signs is only half of it.
Here's what to actually do:
🗣️ Speak up.
- If an employee goes quiet, stops raising things informally or starts requesting copies of documents, don't ignore it.
- Check in with them directly, ask if anything is bothering them and make sure that any recent decisions which affected them were handled properly and documented.
☹️ Check grievances.
- If a grievance has been raised by your employee and you're not sure if it was dealt with correctly, go back and fix the process now.
- Avoid treating the employee differently because they raised concerns.
✋ Check your processes.
If you've recently dismissed someone, changed their terms or refused a flexible working request, pull the paperwork to check that your process was fair and documented at every stage.
⚠️ Health, safety or legal compliance.
If an employee has raised a concern about health, safety or legal compliance and they later face disciplinary action, dismissal or negative treatment: get advice immediately.
When an employee raises this type of concern, usually they are automatically protected under whistleblowing and employees must proceed very carefully.
The earlier you deal with these issues properly, the easier they usually are to resolve.
If any of this looks familiar, get in touch and we can work through it with you.