Employment Law Solicitor covering Coventry, Warwick and Balsall Comman Specialist in Employment Law in Coventry, Warwick and the West Midlands
Phone 01926 484488
Fax 01926 484486
Mobile 07802 305901
Email carolsketchley


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       Tips for Employment Tribunals

 

Practical tips for claimants

  • Identify the bases of your claims from the outset. You will not receive compensation for allegations falling outside of the proceedings.

  • Work out your actual losses as early as possible in the proceedings. Even if you choose not to assess your compensation in your tribunal application, you will be required to do so by the tribunal later.

  • How long do you estimate these losses may persist? Calculate the approximate daily rate of loss. Preferably use a schedule of loss to show your calculations of past and future loss.

  • Pull together all supporting documents you have that verify former earnings and benefits plus your attempts to find new work. If you have secured a new job, keep your pay slips.

  • Do you have all the documents you need or are some still with your employer (such as policy documents)? If the employer refuses to provide copies, do you need to ask the tribunal for an order? (Only consider this for documents that are necessary to support your claim.)

  • Are there aspects of your claims that require expert assistance, such as medical reports or pension calculations?

  • Have you received any state benefits since dismissal? These will need to be disclosed.

  • Attend the hearing prepared to present arguments as regards remedies together with supporting evidence. Do not assume this question will be deferred to a separate hearing.

Practical tips for respondents

  • Consider carefully what the claimant appears to be claiming in the tribunal application and what losses might arise.

  • Is the claimant seeking reinstatement or re-engagement as a remedy? You will need to produce evidence of reasonableness in the event of refusal.

  • If the tribunal does not seek a schedule of loss from the claimant in its standard directions, think about asking for one? Alternatively, talking to the appointed ACAS officer may facilitate clarification.

  • Prepare a schedule or counter-schedule of loss based on a reasonable assessment of the claimant's potential loss.

  • Do you have all the documents you need to challenge or argue for a reduction of loss, for example, details of new earnings or mitigation steps? If the claimant refuses to provide copies, do you need to ask the tribunal for an order? (Only consider this for documents that are necessary.)

  • Collate evidence of mitigation steps that it would have been reasonable for the claimant to take, including details of vacancies that the claimant could have applied for. Consider instructing a labour market expert.

  • Are there aspects of the claims that require expert assistance, such as medical reports or pension calculations?

  • Attend the hearing prepared to present arguments as regards remedies together with supporting evidence. Do not assume this question will be deferred to a separate hearing.

  • Establish if the claimant has received any state benefits since dismissal. This will affect what you should pay and when, once remedies are determined.