Here are some of the common questions and problems raised.
• I don’t have any witnesses so I don’t need to exchange witness statements. Wrong, even if you are going on your own, you are a witness in your own case, and you need to prepare a witness statement and exchange it with the other side.
• The side with the most witnesses usually wins. It is not a numbers game, and unnecessary witnesses don’t help.
• There aren’t any documents relevant to my case. Often we find there are helpful documents that you haven’t thought of.
• Deadlines don’t apply to me. If you don’t comply with the deadlines set by the tribunal, you can find yourself at risk of costs or not being allowed to use the stuff you sent in late.
• Tribunals are biased against small employers/claimants in person – not true, but they won’t find in your favour if you don’t present your case properly – they are there to judge the issue, not to represent you.
• I don’t need any form of representation. That may be true, but you may benefit from a proper briefing on what to do
• I am dreading cross examination. What will they ask me? What will I say? A good run through can take the edge off your nerves, and help you understand the process. It is a good idea to prepare for what you are going to ask as well.
• I am not a lawyer – what do I have to do about the law? We can help you look at your case from a legal point of view, and check you are covering the points that need to be made.
• I have been asked to produce a schedule of loss – what is that? If you don’t know how to calculate what’s at stake in tribunal, it can take ages, and you can get it wrong.
• What is an agreed document bundle? If you are told to agree a document bundle, you are being asked to agree the documents in it are true, and to produce a bundle of your documents and your opponents with numbering for the pages and an index. Do not agree documents that you dispute – put them in another bundle!
• We support individuals in person, or via email and the web, helping you behind the scenes to deal with the tricky bits, understand the process and get the best out of your case. This involves you doing a lot more of your own work than if you were represented, but the savings can be worth it if your case is suitable. For more information contact firstname.lastname@example.org
Annabel Kaye is Managing Director of Irenicon Ltd, a specialist employment law consultancy. Tel: 08452 303050 Fax: 08452 303060
Website : http://www.irenicon.co.uk/Tribunal/default.html.
You can follow Annabel on twitter – http://twitter.com/AnnabelKaye
Member since: 10th July 2012
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