Prepare thoroughly for daunting tribunal
Oct 3 2008 by Iain Laing, The Journal
Preparation is key when it comes to employment tribunals, says James Wilders of Newcastle law firm Dickinson Dees, as nebusiness prepares for another in its successful series of mock hearings.
WHATEVER the issue, the experience of an employment tribunal (ET) can be daunting and frightening for both employer and employee.
It’s comforting to remember, then, that most disputes are resolved long before they get there.
But that doesn’t mean you don’t need to put in a considerable amount of work before the day. The two sides must be properly prepared to avoid delay and unnecessary adjournments.
Each side must disclose all relevant documents.
An employer must disclose documents even if they damage his case and even if the employee is not aware of their existence. Documents include copies as well as originals. They also include emails and any other electronic documents.
Disclosure is usually undertaken by sending a list describing all relevant documents to your opponent and copies of the documents.
The parties will be required to agree which documents should be presented at the hearing.
The agreed documents should then be collated in chronological order with each page numbered, together with an index. This is the “hearing bundle”.
The ET requires the two sides to exchange signed statements of the evidence to be given by their witnesses and to exchange copies of their witnesses’ statements.
The witnesses then have to read out their statements at the hearing. The preparation of witness statements is crucial. If you omit any evidence from the statements, the ET judge may refuse to hear that evidence.
The usual remedy in ET cases is financial compensation. Employees are required to give details of the amount they are claiming and how they have calculated that amount. This has to be provided in a Schedule of Loss.
Failure to comply with such tasks may result in a claim being struck out.
The mock employment tribunal takes place at Hardwick Hall in Sedgefield on Tuesday, November 4, from 9.30am to 3.30pm. Places cost £150 plus VAT and can be booked by calling (0191) 201-6393.
