TRIBUNAL REPRESENTATION - 23.02.2006

Preparing for the big day

The choice is yours

If you do it yourself, you’ll at least save on legal costs - could be £5,000+ even for a simple case (often the costs exceed any award made). However, some experience of employment law and tribunal practice would go a long way. If you decide that presenting a case is not for you and prefer to use a legal advisor, you can still reduce your legal bills by doing much of the work yourself. This article looks at the preparatory steps that you should take. A subsequent article will concentrate on presenting the case.

It starts with…

The first you will know about the claim is when the Originating Application (ET1) arrives. You need to check the details on this thoroughly. For example, are the dates of employment correct? Does the applicant have sufficient service to make the claim? Are they earning what they claim to be earning? Are they an “employee”? You also need to carefully read the detail of the complaint, as this will form the basis of your response. If something is not clear you can ask the claimant for further information - via the tribunal.

You then give your side of the story on another form (ET3). Remember, this is your defence so you must make sure that whatever you write is accurate and complete. So check all the facts carefully before committing yourself to paper. It is also your opportunity to correct any information provided on the ET1. It is possible at a later date to ask a tribunal for permission to amend the form but it doesn’t have to agree and it’s extra hassle that you could do without.

Tip. If you’re using a legal advisor, complete the forms as far as you can, even to the extent of drafting out your reply to the employee’s accusations. It will save you time and money.

Witnesses

You will need to think about your witnesses. Who should you take? For unfair dismissal you will obviously need to take the person who took the decision to dismiss, plus the person who heard any appeal. Anyone who has witnessed an incident should also be taken along. Use your common sense but remember that the more witnesses there are, the longer the hearing will take and the more it will cost.

Tip. Try to avoid taking too many people, particularly if they’re likely to repeat the evidence given by other witnesses.

Honesty, the best policy. Witnesses now give evidence by reading a prepared statement. Tell your witnesses to be honest with you. The last thing you want is for something to come crawling out of the woodwork at the hearing. Make sure you include everything in this, as some tribunals will not allow you to ask further questions of your witness during the hearing. Parties have to exchange all statements in advance of the hearing so you will know exactly what their evidence will be.

Tip 1. Make sure your witnesses only answer the questions asked - they shouldn’t volunteer information.

Tip 2. If the claimant’s statements refer to something you’ve not covered in your statements, prepare supplementary statements for your witnesses which should be sent to the claimant as soon as possible.