Tips for preparing for an Employment Tribunal

[iceberg1]

Hello,

I have an Employment Tribunal approaching, and I was wondering if anybody could give me any tips or advise what the process is like?

Do I need to take all of my evidence with me etc? I don't have any witnesses who are coming.

Thanks!

[ULA]

The first thing to do is ensure that you have all your paperwork in order. You should get together:

· anything you've written down about what's happened
· your contract, if you've got one, and any other documents about your employment like pay slips or salary details
· any letters, emails and mobile phone texts from your employer or any other people you work with about the situation
· your witness statement
· if your case includes a claim for loss of earnings you should also bring evidence that you've been applying for other jobs
· completed a Schedule of Loss
· anything else that concerns your employment.

Don't write any comments on these documents, as they may have to be photocopied for the tribunal. If you want to make notes or comments, do this on a separate piece of paper.

If you're preparing your own case you should set up a file and keep everything in date order.

Has the bundle been produced yet or have you at least an agreement with the other party as to who is producing the bundle? The bundle is the file of documents that the tribunal will need to look at during the hearing. These documents are the evidence in your case.

In terms of the actual hearing an employment tribunal is run very like a court, although with less formality i.e. there are no gowns or wigs worn, and the parties remain seated during the proceedings. The informality is often an important element of tribunals, as it’s intended to help the parties settle in & feel more comfortable. That doesn’t mean that everything is on a casual basis though, as rulings can involve a lot of money, and therefore it’s important that the matters are treated with the seriousness they warrant.

A tribunal is composed of an Employment Judge, who can sit alone for some hearings, or with two lay members. Lay members will normally have experience in employment matters, and will utilise this to assist them in considering the merits of a case.

A clerk will also be appointed to a hearing, although they often won’t be present for the whole case. The clerk will introduce themselves early on the first day at the hearing, and can be of general assistance to you both parties before & during the hearing; this does not include legal assistance, and the parties to a tribunal should arrange this in advance. The clerk will collect the bundle for the hearing, can suggest where any printing (the tribunal will charge for photocopying if a party has arrived unprepared) or other facilities are available locally, and may be able to arrange a room if the two sides want to negotiate the case at any stage. Their main role though is to the tribunal.

There is often a lot of waiting around at tribunals, and the Claimants and Respondents will each have a waiting room.

Parties will be escorted into the hearing room by the clerk, and should not enter until told to do so. Mobile phones and other devices should be switched off or put on a silent setting before entering, although laptop computers may be used.

The room will normally be laid out with a table for the Claimant and the Respondent, a witness table, and a table or platform (often elevated slightly) for the tribunal members. There will also be seating for the public to observe the proceedings – most cases are heard in public.

The employment judge is addressed as Sir or Madam.

There is no prescribed order for which side presents their case first, although the nature of the case may influence this.

Witnesses will give an oath before giving their statement. This may be a prepared statement (the tribunal will often direct for these to be prepared & exchanged in advance), in which case they will either be required to read the statement, or affirm it to be accurate, with the judge directing the parties to read their own copies of this document.

After a witness statement is given, the party that called the witness will have a chance to ask questions of the witness; these are generally helpful to the case, and therefore relatively tame in their nature. After examination, the witness can be cross-examined by the opposing side, and this is where questions will become more awkward. The judge will intervene if an advocate is being unreasonable on a witness, although some discretion has to be allowed as the party wants to get what they will consider to be important evidence exposed.

After the cross-examination, the first party will be able to re-examine the witness, following which the members of the tribunal may ask questions to clarify the evidence given.

Where a party is not represented at a hearing, the judge will often assist them in presenting their case, but this should not be relied upon too much, as the judge will remain impartial, and therefore more restrained in their questioning than a professional advocate.

After the witnesses, the parties will be given the chance to sum up their case, before the tribunal sits in private to consider the case. Judgements will be given on the day if time permits, but may otherwise be issued by post.

Hope that helps, if you need anything more specific just ask .