06 Focus on the law
An independent supplement produCed by lyonsdown mediA Group
Focus on the law 07
Peter done,
managing director of
Peninsula
business services,
The best way to win at
the employment law
consultancy looks at
the best methods to
prepare for an
Employment Tribunal
employment
tribunal.
Get your HR policies and procedures right in the first place.
The Tribunal wants the parties to prepare the case fully the bundle is fully indexed and paginated. If you are
and make each other aware of all the evidence, producing the bundle then you will need to make sure that
H
ow do you win an Employment Tribunal? A Tribunal is documentary or oral, that they have so that they can come you bring enough copies to the hearing, 6 for a hearing
won in the workplace, having correct HR policies and to a reasonable decision on continuing with the case, before a full Tribunal, 4 if there is a Judge sitting alone.
procedures is essential. But if you are unfortunate to be withdrawing or settling given the likely outcome. It is the If you are required to prepare witness statements in
taken to a Tribunal how do you defend yourself and what Tribunal’s preference that these matters can be resolved advance then these must contain all the information you
can you expect? without the need for the hearing to go ahead. want to put before the Tribunal. You can only put forward
It is a common misunderstanding that all the parties need It is important, therefore, if you are going to a hearing to additional evidence in response to the evidence of other
to do is turn up on the day and explain their position. make sure that everything is properly prepared and that party’s witnesses. Witness statements should be typed
While this is how the Tribunals were initially designed to you comply with any Tribunal orders. You must make so that they are easy to read, and annotate, and should
work they have become increasingly more controlled with every effort to comply with the timetable as it is set out. If include the bundle references of any document being
greater requirements on the parties on what preparations you believe that you are not going to be able to make the referred to. Any witnesses will need to attend the hearing.
they need to make before the hearing and the nature of preparations in time then you need to ask the Tribunal, Once this has been done then you can explain your
any evidence that can be put before the Tribunal for before the deadline is reached, to vary the orders position. Having robust policies in place and clear evidence that
consideration. explaining why you need the extra time and when you they have been followed and properly applied can help prevent an
Tribunals are nothing like criminal court cases as seen on believe that you can comply. Failure to comply with these Employment Tribunal from being a lengthy and costly affair.
TV. Sadly, no matter the temptation, you are not allowed, orders can result in a party being struck out and not
in true Perry Mason style, to produce a suddenly unseen allowed to argue their side. Peninsula business services can protect your
piece of evidence or call a surprise witness. You are also All the documents need to be exchanged by both parties business against costly employment tribunals,
not allowed to keep quiet about any evidence that and should be put together into an agreed bundle. The please contact carole keenan on 0800 3289348
undermines your case just because the other party Tribunal needs to be able to review the documents that quoting teLtrib
doesn’t know about it. you are referring to quickly and easily so make sure that
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