The importance of preparation
The success of a case usually hinges on the quality of preparation prior to the tribunal hearing.
Be wary to keep emotion out of what you do now and concentrate on the facts. If you’re personally too close, get someone who can be objective to handle the case.
Check the validity
Check the application thoroughly to be sure that you are aware of and understand the case being made against the company. Check that the claim is accurate and valid, so for example that the claim period has not passed or that internal procedures have been exhausted.
Doing a thorough job now ensures you don’t waste time and effort on inappropriate claims. Remember the tribunal office don’t do this work for you as they don’t have all the facts at this stage.
Investigate
Once you’ve established there’s a valid claim against you, the company must investigate the issues surrounding the case. This is best done by an independent person but obviously this is not always possible or practical, especially in a small enterprise.
Check and recheck the circumstances, the processes followed, relevant documentation and indeed the procedures that guide the process. If at this point you think you got it wrong, go back to the claimant or their representative (often claimants are well represented), admit the error and press for a resolution ‘out of court’.
If you find evidence that definitively proves your case, share this with the claimant with the aim of ending the process. If they don’t accept that they have no case and wish to proceed, ask for a pre-hearing review so the tribunal can see the relevant evidence. They will decide whether to proceed further.
Proceed or settle?
Okay so you’ve done the investigations, you know if everything is in order, or not, and whether your case is water tight, or bit leaky. This is your last chance to pull out of the hearing and settle one way or another. Remember even if you’re right or have a strong case, your company will be put to great expense, much of it hidden, possibly for months. You must consider if it’s worth it?
Supporting evidence
If yes then it’s time to layout the case you will present to the tribunal. This includes supporting evidence such as the company’s general policies and procedures as well what is pertinent to the case. Parties to the case are required to exchange documents ahead of the hearing. Disclose everything. Don’t think a shock revelation Perry Mason style will do anything other than to make you look dishonest in the hearing. Whatever you hand over will be what you intend to present.
Twenty eight days before the tribunal you will exchange evidence with the claimant or their representative. Then 14 days before tribunal you will exchange witness statements.
On reading the claimant’s documents you may want to carry out further investigations and amend what you have submitted. That’s okay so long as it’s done in good time. If you need more information from the claimant then ask; if it’s reasonable they are obliged to present this to you and of course they have the same rights. Fatuous requests should be put before the tribunal for their views on the validity.
The next Tribunal article focuses on the hearing.
For information about how we can help you with employment matters, contact us on info@mgarnerconsulting.com or ring us on 07885 525221.
