How to Lose a Tribunal in Ten Easy Steps Louise Elster, Solicitor Just Employment Law

Don’t submit your claim or response in accordance with the Tribunal Rules  Submit to the wrong Employment Tribunal office.  Failure to comply with time limits.  Failure to use mandatory forms.  New Tribunal rules - 29 July Step 1

Don’t prepare your case properly  Don’t ask any questions.  What are the key issues?  Are there agreed facts?  Who are your key witnesses?  When will the Hearing take place? Step 2

Don’t prepare for the Hearing  Don’t read the documents (or worse... lose the documents!).  Don’t comply with Tribunal Orders.  Don’t tell witnesses the Hearing date.  Don’t know the location of the Hearing.  Take the wrong paperwork with you to the Hearing. Step 3

Behave scandalously at the Hearing  Threaten the Claimant or Respondent.  Insult the Tribunal Judge and lay members.  Doctor the evidence.  Tell your client to lie... or tell lies yourself!  Costs/Preparation Time Orders. Step 4

Tell the Tribunal a different story  What was the reason for dismissal? Only 5 potentially fair reasons in terms of ERA  If conduct, argue redundancy.  If capability, argue conduct.  Argue as many reasons as possible.  Deny dismissal altogether. Step 5

Don’t follow a fair procedure  Ignore your own internal procedures.  Don’t send a letter.  Don’t hold a meeting.  Don’t offer an appeal.  Have the same person conducting each stage of the procedure. Step 6

Don’t act like a reasonable employer  Don’t investigate a matter fully before taking disciplinary action.  Deal with minor misconduct in the same way as gross misconduct – the band of reasonable responses.  In redundancy situations, don’t consider any alternatives. Step 7

Make a mess of the appeal  Refuse to allow an appeal.  Let a subordinate conduct the appeal hearing.  Introduce new issues.  Don’t have a complete re-hearing.  Make the same mistakes all over again. Step 8

Get the law wrong  Don’t act in accordance with legislation.  Base your decisions on outdated legislation.  Don’t read the law properly. Step 9

Don’t take proper legal advice  Only tell your lawyer part of the story  Exaggerate the strong parts of your case.  Omit to mention the weak parts of your case.  Lie!  Ask for help once you have already made all of your mistakes.  Don’t pass your lawyer copies of relevant paperwork. Step 10

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