Without an understanding of Employment Law and a solid argument that’s based on evidence and case law, many Tribunal cases will fail.
There’s no doubt that dealing with a tribunal claim is one of the most stressful situations an employer will have to deal with. From start to finish it’s time consuming, a headache of red tape and legal jargon and takes you away from the day to day running of your business.
Once the defence has been filed, there’s still a lot to do. Usually there will be an initial preliminary hearing to identify the claims and issues and agree what needs to be done to prepare the claim for a main hearing. The main part of that preparation will be drafting witness statements and preparing a pack or a bundle. A bundle consists of a paginated and chronological collection of all those documents relevant to the issues to be determined and will include both the claim form and our defence. Witness statements will be cross referenced against that bundle and will set out in detail the evidence of each witness. Getting witness statements correct is essential, and time consuming. We come and see you when drafting statements.
There may be a 2nd and public preliminary hearing before the main hearing. This will happen if there are substantive issues which need to be resolved before the main hearing can take place. For example, if an employee is making a claim of disability discrimination, we may argue that he or she is not disabled. That would require the claimant to provide a statement setting out what his alleged disability is, and how it affects them, and medical evidence to support that position. A preliminary hearing would follow to allow the Tribunal to decide whether the person was disabled or not. There can be public preliminary hearings on a number of substantive issues, including whether the claim should be stuck out because it has no reasonable prospect of success.