Advocacy & Employment Tribunal Case Study

Fail to comply at your peril

“Any person who without reasonable excuse fails to comply with an Order to which section 7(4) of the Employment Tribunals Act 1996 applies, shall be liable on summary conviction to a fine not exceeding £1,000.”

Be Prepared, Call Employers' Champion

0775 385 6107

Employment Tribunals, or Industrial Tribunals as they used to be called, have evolved from a simple process for an employee to go to talk to a Chairman and non-legally qualified people about an employment problem, to a far more regulated forum akin to the County Court system which is presided over by an Employment Judge. Fail to comply with the Employment Tribunal regulations at your peril, as this standard warning to be found at the foot of Employment Tribunal Orders sets out:

“Any person who without reasonable excuse fails to comply with an Order to which section 7(4) of the Employment Tribunals Act 1996 applies, shall be liable on summary conviction to a fine not exceeding £1,000.

The Tribunal may also make a further order (an “unless order”) providing that unless it is complied with, the claim or, as the case may be, the response shall be struck out on the date of non-compliance without further consideration of the proceedings or the need to give notice or hold a preliminary hearing or a hearing.”

Don't be barred from defending a claim

Be Prepared, Call Employers' Champion

0775 385 6107

Employers have found themselves barred from being able to defend a claim against their businesses because they have not complied with Employment Tribunal regulations that they did not know or understand or have fallen foul of deadlines set by the Employment Tribunal in formal Orders.

Employers’ Champion will guide you through the legalistic Employment Tribunals Regulations and ensure your business complies, for example, with disclosing relevant documents, preparing bundles of documents, drafting witness statements and acting in accordance with Employment Tribunal timetables.

 

Careful preparation of witness statements for the Employment Tribunal is essential. Witness statements establish or destroy the credibility of the witnesses and the employer and can win or lose the Tribunal case.

They have to be drafted according to the Employment Tribunal’s specifications; too much in and the Employment Tribunal may not see the important issues of, say, the disciplinary process; too little and you may be barred during the Employment Tribunal hearing from providing vital evidence to it about a grievance procedure the company carried out.

You may be surprised

Clients watching an Advocate presenting the business’ defence in an Employment Tribunal often comment, “I don’t know how you do this” as they find the situation stressful and alien. The answer boils down to this: it takes years of employment law advocacy experience, an in depth understanding of the Employment Tribunal procedure and the ability to sift through Employment Tribunal regulations to know what is relevant and what makes the difference to achieve a successful outcome.

 

Hours of advocacy experience before Employment Tribunals cannot be replaced by reading about how it is done in a book or on the internet.