The employment law practice series focuses on the practical side of employment tribunal cases. The series consists of six parts, taking participants on a journey through the various stages of a tribunal case, focusing on practice, procedure, and tactics.
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Session 1: Starting proceedings
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Delivered by John Sprack, trainer and former Employment Tribunal Judge, this session will cover the practical steps towards starting Employment Tribunal proceedings, including documentation. Although the substantive employment law will not be covered in depth, references and guidance will be provided at appropriate points.
The session lasts around 45 minutes, and is followed by questions.
The session will cover:
- Time limits
- ACAS Early Conciliation
- Drafting the claim form (ET1)
- Reviewing the employer’s defence
Resources
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Session 2: Compensation
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Delivered by John Sprack, trainer and former Employment Tribunal Judge, this session focuses on compensation in Employment Tribunal proceedings. Although the substantive employment law will not be covered in depth, references and guidance will be provided at appropriate points.
The session lasts around 45 minutes, and is followed by questions.
Topics covered include:
- Calculating compensation
- Drafting the schedule of loss
- Negotiation and settlement
Please note: The figures mentioned in this session for the statutory cap for a week's pay and compensatory award were correct at the time of recording (February 2023). The figures were last updated in April 2024.
Resources:
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Session 3: Rules of procedure
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Delivered by John Sprack, trainer and former Employment Tribunal Judge, this session provides an overview and practice points of the main Employment Tribunal rules of procedure. Although the substantive employment law will not be covered in depth, references and guidance will be provided at appropriate points.
The session lasts around 45 minutes, and is followed by questions.
Topics covered include:
- Disclosure and inspection
- Seeking information
- How to make an application
Resources
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Session 4: Case management
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Delivered by John Sprack, trainer and former Employment Tribunal Judge, this session provides an overview and practice points of case management in the Employment Tribunal. Although the substantive employment law will not be covered in depth, references and guidance will be provided at appropriate points.
The session lasts around 45 minutes, and is followed by questions.
Topics covered include:
- Determining the issues
- Preliminary hearings
- Amending the claim form
Resources:
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Session 5: Strike-out, deposit and costs
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Delivered by John Sprack, trainer and former Employment Tribunal Judge, this session provides an overview and practice points regarding strike-out and deposit applications, as well as costs. Although the substantive employment law will not be covered in depth, references and guidance will be provided at appropriate points.
The session lasts around for 45 minutes, and is followed by questions.
Topics covered include
- Tests for strike-out and deposit orders
- Unless orders
- Seeking and resisting costs orders
Please note: The information in this session was correct at the time of recording (February 2023). "No longer possible to have a fair hearing in the trial window" is the full wording for strike out on the basis that a fair trial is no longer possible. Emuemokoro v Croma Vigilant Scotland Ltd is the authority.
Resources:
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Session 6: Preparing for the hearing
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Delivered by John Sprack, trainer and former Employment Tribunal Judge, this session is the final in the series of six parts and will provide an overview and practice points in connection with preparing for the hearing. Although the substantive employment law will not be covered in depth, references and guidance will be provided at appropriate points.
The session lasts around for 45 minutes, and is followed by questions.
Topics covered include:
- Witness statements and the tribunal bundle
- What to expect at the hearing
- Judgements, reconsideration and appeals
Resources: