by Naomi Cunningham & Michael Reed
Most legal documents are written with numbered paragraphs. For example:
- Mr Smith worked for Grindles Ltd as an assembler. He was employed between 21st September 1998 and 3rd December 2007.
- In September 2007 Mr Smith began experiencing difficulties with his left leg, which affected his mobility. His GP diagnosed him with early onset arthritis and referred him to a specialist consultation, Dr Hobbs.
A telephone conversation, overheard in the FRU office, several years ago:
Mr Smith, you’ve told me what happened. It seems to me that basically you’re saying that your ex-boss is a bit of a git.
Now, I’ve heard what you’ve got to say, and I’ve read the documents. You know what? I agree. He is a bit of a git.
So, what’s going to happen next, is that we’ll turn up to the tribunal on Monday and they’ll hear the case. And I bet they’ll think he’s a bit of a git too.
The problem, Mr Smith, is that being a bit of a git isn’t actually against the law.
Where a term has a specific legal meaning in the employment context avoid using it outside that context. For example, anybody who has been bullied…
Courtroom dramas are filled with beautiful people who, at the slightest provocation, leap to their feet to shout “I object”.
Of course, real life in the employment tribunals is not like this. But a lot of litigation is similar. One side will want to do something, or do it in a particular way, while the other side tries to stop them.
A lot of these arguments are important. Many are not. But people (and lawyers are some of the worse) often fall into the trap of objecting to everything the other side tries to do.
This is foolish for several reasons.
Lawyers often talk about ‘arguments in the alternative’. It is one of those useful bits of jargon that, as well as being a handy shorthand, reveals a way of thinking about a case.
An argument in the alternative is one in the form: A is true, but if A is not true then B is true. This is not nearly as complicated as it sounds. For example:
In an ideal world, witness statements would be ready days, if not weeks, before they had to be exchanged. There would even be lots of…
Once the tribunal has made its decision on a case, there is normally nothing left to negotiate.
The most common exception to this rule is where the tribunal’s decision is only on liability.
Until the tribunal hearing starts a good deal of your work will be getting in touch with people to ask them questions, send them documents…