Setting out the steps for a successful tribunal
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It costs nothing for an employee to issue a
claim in the employment tribunal.
An ET1 claim form can be completed and lodged with the
employment tribunal online. Once this is done, the employer has 28
days from receiving the claim to lodge its defence.
Frequently, faced with the costs and the time consuming nature
of defending an employment tribunal claim it is tempting for an
employer to try and settle the claim on a commercial basis.
Companies often feel the odds are stacked against them and that
tribunals are employee biased. This is not true.
The chances of successfully defending an employment tribunal
claim increase
- A well pleaded defence setting out clearly and concisely the
chronology of events and processes applied is prepared
- The legal weaknesses of the claim are identified and
highlighted early on
- Inaccurate and false information used by the employee to
support the claim should be highlighted to challenge the
credibility of the case
- Invest time in preparing detailed witness statements setting
out the background to the claim and putting issues into
context
- Spend time putting together a well presented tribunal bundle
containing only documentation and correspondence which is relevant
to the claim.
If a company has followed a proper process and acted reasonably,
there is no reason why it should not be able to successfully defend
a claim brought against it in the employment tribunal.
The employment team at Thomson Snell & Passmore in
association with barristers from 3 Pump Court chambers will present
a live hearing, with trial bundles, witnesses, cross-examination
and judgement on November 1. Find out more at www.ts-p.co.uk or
email susanna.gilmartin@ts-p.co.uk
Monday, October 10 2011
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