Preparing for Tribunal



2016-11-10 08.57.15This course is aimed at helping senior HR and line managers understand the employment tribunal system better so that they can more effectively control the costs and time involved in defending a claim. Drawing on a wealth of real-life examples, this is a highly participatory course inviting delegates to share their own experiences and giving plenty of time for discussion and debate.

Course outline

The Employment Tribunal

  • How the system has developed
  • Who sits in the Employment Tribunal?
  • What claims can and can’t be heard?
  • Deadlines and time limits

Preliminary issues

  • The paperwork: claim form, the Employer’s response, ‘further and better particulars’
  • Weeding out hopeless cases – why is it so difficult?
  • Pre-hearing Reviews
  • Case Management Discussions

The Conciliation and negotiation process

  • Why ‘do a deal’?
  • The role of Acas – before and during a claim
  • Compromise agreements

Managing costs

  • How to budget for the cost of a Tribunal claim
  • Keeping costs in proportion to the case
  • Managing your legal fees

Preparing for the hearing

  • The bundle of documents
  • Witness statements
  • Timetable and scheduling
  • Postponments

At the Tribunal

  • Practical issues
  • Corridor etiquette
  • Where to sit
  • Forms of address

Giving evidence

  • The oath or affirmation
  • Initial questions
  • Surviving cross-examination
  • Re-examination


  • How compensation is assessed
  • Contributory fault and ‘Polkey deductions’
  • Future loss of earnings
  • Injury to feelings
  • Special damages


  • Appeals on a point of law only
  • Do you know why you’ve lost?
  • The Employment Appeal Tribunal

Final Questions and Round-up