by Naomi Cunningham & Michael Reed
There is a point, in many cases, where the representative starts to feel that he cannot understand the case. The facts are too complex or confusing. The papers are voluminous and some of them seem to have strayed in from a different case. The law is obscure. In any event, despair or panic begins to set in.
The only thing to be done in this situation is to press on.
A lot of the conversations and correspondence, during litigation is about providing other people with information and receiving information from them.
But you shouldn’t stop once you have provided or received the information. Go on to say what you want to do about it.
A key part of many tribunal documents is an account of what has happened. Witness statements are the most obvious example, but, ET1s, ET3s, written submissions and notices of appeal will also contain a recitation of the facts.
Unless there is a very good reason not to, this account should be given in chronological order.
In general, any good ground of appeal is capable of being summarised in a single sentence. It is useful to do this. It acts as…
Respondents will sometimes want to include a disclaimer in an agreed reference. Such a disclaimer will say something to the effect of:
This reference is given in good faith, but without legal liability for actions taken on the basis of the information provided.
The employee may, understandably, feel that this will undermine an otherwise good reference.
Mushett v London Borough of Hounslow gives valuable guidance on when the EAT will extend the deadline for lodging an appeal.
The EAT laid out a series of principles that it would apply. In summary these are:
Section 98A(1) of the Employment Act 1996 means that, where one of the statutory dismissal and disciplinary procedures applies to a dismissal, and the employer fails to follow it, the dismissal will be unfair.
S98A, however, only applies to the statutory procedures laid out in the Employment Act 2002.
One of the most useful tools of advocacy is a collection of conventional phrases. Many of them are clichés, but they help oil the wheels.…
Closing submissions should last 30 minutes for each day the hearing has lasted.
Where a case involves issues of unfair dismissal and redundancy payment confusion often develops around whether the claimant should be seeking a basic award or…