How to Lose a Tribunalin Ten Easy Steps

Louise Elster, SolicitorJust Employment Law

Don’t submit your claim or response in accordance with the Tribunal Rules

Submit to the wrong Employment Tribunal office.

Failure to comply with time limits.

Failure to use mandatory forms.

New Tribunal rules - 29 July 2013.

Step 1

Don’t prepare your case properly

Don’t ask any questions.

What are the key issues?

Are there agreed facts?

Who are your key witnesses?

When will the Hearing take place?

Step 2

Don’t prepare for the Hearing

Don’t read the documents (or worse ... lose the documents!).

Don’t comply with Tribunal Orders.

Don’t tell witnesses the Hearing date.

Don’t know the location of the Hearing.

Take the wrong paperwork with you to the Hearing.

Step 3

Behave scandalously at the Hearing

Threaten the Claimant or Respondent.

Insult the Tribunal Judge and lay members.

Doctor the evidence.

Tell your client to lie ... or tell lies yourself!

Costs/Preparation Time Orders.

Step 4

Tell the Tribunal a different story

What was the reason for dismissal? Only 5 potentially fair reasons in terms of ERA 1996.

If conduct, argue redundancy.

If capability, argue conduct.

Argue as many reasons as possible.

Deny dismissal altogether.

Step 5

Don’t follow a fair procedure

Ignore your own internal procedures.

Don’t send a letter.

Don’t hold a meeting.

Don’t offer an appeal.

Have the same person conducting each stage of the procedure.

Step 6

Don’t act like a reasonable employer

Don’t investigate a matter fully before taking disciplinary action.

Deal with minor misconduct in the same way as gross misconduct – the band of reasonable responses.

In redundancy situations, don’t consider any alternatives.

Step 7

Make a mess of the appeal

Refuse to allow an appeal.

Let a subordinate conduct the appeal hearing.

Introduce new issues.

Don’t have a complete re-hearing.

Make the same mistakes all over again.

Step 8

Get the law wrong

Don’t act in accordance with legislation.

Base your decisions on outdated legislation.

Don’t read the law properly.

Step 9

Don’t take proper legal advice

Only tell your lawyer part of the story Exaggerate the strong parts of your case.

Omit to mention the weak parts of your case.

Lie!

Ask for help once you have already made all of your mistakes.

Don’t pass your lawyer copies of relevant paperwork.

Step 10

Any Questions?

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