Overview
Course duration: 2 days.
This course is run in partnership with JSB.
As employment law becomes more complex, and employees more willing to bring claims, employers are increasingly likely to be involved in employment tribunal cases.
This extremely practical employment tribunals training course, packed with useful tips and techniques, will enable you to understand how tribunals operate, to deal with hearings confidently, to present cases effectively and to know when and how to settle.
Is it right for me?
Designed for Personnel and HR Professionals, Employee Relations Managers, Legal Advisers, In-house lawyers, HR Consultants.
What will I learn?
By the end of this course you will be able to:
- Understand latest tribunal rules and procedures
- Identify key issues in a tribunal claim
- Know how to prepare, present and settle cases
- Ensure that you and your organisation are competent and confident in dealing with the revised employment tribunal system
What will it cover?
Background and introduction
- Different types of tribunal claim
- Composition and jurisdiction of tribunals
Tribunal proceedings
- Who can claim and under what
- The role of the claim and response forms
- Dealing with a claim: is it admissible?
- Time limits and qualifying periods
Defending the claim and preparing your case
- Preliminary matters
- Being wary of default judgments
- Getting rid of hopeless cases
- The role of the pre-hearing review
- Sit alone cases
- Responding to a questionnaire
Which documents go in the bundle?
- Deciding whether you need a lawyer
- Planning tactics and strategy
Drafting the claim and response form
- Participants will be given the opportunity to complete the claim and response forms based on a case study example. This will allow them to consolidate previous learning, and obtain feedback from the trainer.
Preparing for the Tribunal hearing
- What are the alternatives to tribunal?
- To settle or not to settle? Valuing the claim and considering your options
- Resolving disputes: considering the role of ACAS
- Compromise agreements: a cost/benefit analysis
- Special considerations when dealing with discrimination cases
- Witness statements
- What to do about the reluctant or unavailable witness
- Postponements and adjournments
- Useful documents
At the hearing: the components of good advocacy
- Presenting Evidence in Chief: order of witnesses, `best evidence`, hearsay and leading questions
- Cross-examination: key pointers for maximum impact
- Questioning by the tribunal
- Re-examination?
- Making the most of your closing address
Identifying key issues for the Tribunal
Participants will have the opportunity to work in groups and debate and discuss case studies. Building on previous learning, participants will be able to develop the knowledge and skills to prepare for a tribunal case effectively.
Judgments, reviews and appeals
- Judgments: orders and reasons
- Unfair dismissal remedies
- What does `acting reasonably` mean?
- Appeals and reviews
- Costs and preparation time orders
- A round-up of recent case law
"What if?"
Participants will debate and discuss possible problem scenarios at Tribunal. This exercise will enable participants to improve their strategic overview of the tribunal process and offer an opportunity to apply knowledge and skills acquired to specific situations.
Optional: Visit to an Employment Tribunal – experience an actual employment tribunal ( Optional Day 3)
This is an excellent opportunity to witness a live Employment Tribunal. One of our expert trainers will accompany participants to explain and discuss aspects of an actual case, highlighting procedures, tactics and relevant points of law.This is a valuable opportunity to put into context some of the law and practice learnt in the course and benefit from direct observation of one or more cases being heard.
You will have the chance to:
- Gain a comprehensive overview of the tribunal process
- Get to grips with the basics of preparing a tribunal case
- See and hear how tribunal cases are presented in practice
- Consolidate your learning from the first three days of the course