The tribunal hearing
So it’s now your day in court. The most important thing is to turn up! You’d be surprised how many people fail to do this and if you don’t attend, you usually loose the case with the subsequent consequences. So if you can’t make it for any reason make sure you let the tribunal know and ask for an adjournment. Expect them to require proof.
Also don’t expect your costs to be covered should you win. Each party is expected to cover their own costs, although legal aid may be available for some claimants to help prepare their case.
Tribunals are not criminal courts. They come to decisions based on the balance of what probably happened not on a requirement for proof. The tribunal bench will ask questions of the participants in order to clarify their understanding of the case before them and participants can ‘cross examine’ the other party, although the adversarial nature of a criminal court is not tolerated. The aim of all parties, but especially that of the tribunal bench, is to establish clarity, facts and evidence.
Don’t be surprised if you see the local newspaper reporter sitting in the public gallery. Hearings are open and all are welcome which is important to remember when reputations are at stake.
Witnesses
Witnesses can make or break a case. It is usually recommended that a senior company manager or director attend the hearing in order to give supporting evidence on the company’s employment policies, and also to negotiate or agree out of court settlements which are still possible at this late stage.
Specialist, expert and character witnesses can be used in complex cases but seek advice as to whether they add value to your case. Each side can compel witnesses to attend via an order from the tribunal and remember what you and they say is under oath and there are penalties for false evidence.
Don’t have too many witnesses as this is detrimental and can cloud issues.
The next Tribunal article focuses on the tribunal’s decision.
For information about how we can help you with employment matters, contact us on info@mgarnerconsulting.com or ring us on 07885 525221.
