Most claims relating to the employer and employee relationship are dealt with by the Employment Tribunal, formally called the Industrial Tribunal.
How can we help?
We can assist in Employment Tribunals; these are the steps that would usually be taken in an Employment Tribunal Claim:
An employee issues a claim on a standard form and sends it to the Tribunal. There are strict time limits for making most claims and you should consult our Employment Team at the earliest possible opportunity. We can assist an employee in completing the necessary paper work
The Tribunal sends the claim form to the employer. Again there are strict time limits for responding to claims and we suggest that an employer contact us as soon as they receive the claim. We can advise an employer on drafting the response and shall draft a formal comprehensive response if necessary.
3. Case Management Discussion
Where discrimination is claimed, the Tribunal will normally schedule a Case Management Discussion (“CMD”). A CMD takes place at the relevant Employment Tribunal before an Employment Judge and is used to narrow or define the issues in contention and to agree which procedural steps are necessary to progress the case to a Final Hearing. We are experienced in advocacy (appearing at Tribunal) and can assist employers or employees by representing them at the CMD. CMD’s can be unnecessarily lengthy where either party is unrepresented.
4. Pre Hearing Review
Where a claim is made out of time or it raises other issues relating to the
Tribunal’s ability to hear the claim, a Pre Hearing Review (“PHR”) may be necessary to determine that preliminary issue. It is important to seek legal advice prior to a PHR as the Employment Judge may decide that the claim cannot proceed. Alternatively, we can advise employers on making applications to “strike out” a claim or for a deposit to be paid by the employee where there is little reasonable prospect of success.
We can assist in the preparation of all documents prior a final hearing including Schedule of Losses, Witness Statements, Trial Bundles, Chronologies and Cast Lists. Well prepared documentary evidence will assist the Tribunal and may improve that party’s prospects of success.
6. Final Hearing
Sometimes referred to as a “trial”, the Final Hearing may last for one day or up to a number of weeks. During a Final Hearing parties are required to produce documentary evidence and to give oral (spoken) evidence under oath. Parties are also required to ask the other side questions (“cross examination”) to try to assist their own case and/ or undermine their opponent’s case. Attending a Final Hearing can be intimidating and stressful. We are experienced in representing employers and employees at Final Hearings and have a good relationship with Employment Law Barristers’ Chambers should the need arise to “instruct Counsel”.