How to win employment tribunal hearings

The risk of an unsuccessful Employment Tribunal hearing from the employer's perspective has risen dramatically as the potential compensation payout has risen four-fold. What is more, the qualifying period for cases of unfair dismissal has been halved which is set to result in a massive increase in hearings. Any employer may face an employment tribunal. You need to be fully prepared.

This topical new briefing offers clear guidance for employers on how to avoid having a case taken to a tribunal in the first place, then, if it is inevitable, what to expect, and how to prepare and present the best possible case to ensure a positive outcome.

Contents include:

• Avoiding tribunals
• Responding to a claim
• Options and preliminaries
• Types of cases: dismissal, redundancy, equal pay, discrimination, employment protection, contracts
• Preparing for the tribunal
• Attending the tribunal

Executive summary

1. Employment tribunals

• Introduction
• The general background and jurisdiction
• Structure of the Employment Tribunal Service
• Time frames
• Tribunal statistics

2. Avoiding tribunals

• Introduction
• Common problems and area of risk

3. Responding to a claim

• Introduction
• Preparing a defence
• Completing the paperwork
• Seeking independent advice

4. Options and preliminaries

• Introduction

• Settling the claim
• ACAS concilliation
• Arbitration
• Alternative dispute resolution
• Dismissal procedures agreements
• Preliminary hearings

5. Types of cases

• Introduction

• Dismissal
• Redundancy and transfers of undertakings
• Equal pay
• Discrimination
• Employment protection
• Contracts

6. Preparing for a tribunal

• Introduction

• Formulating the arguments
• Collecting evidence and calling witnesses
• Discovery and disclosure of documents
• Producing bundles

7. Tribunal hearings

• Introduction

• Proceedings
• Conduct
• Representation
• Awards and costs
• Appeals

Appendix A. Frequently asked questions

Appendix B. Addresses of local employment tribunal offices