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Employment Tribunal Claims

by Naomi Cunningham & Michael Reed

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Category: advice

Posted onSeptember 26, 2007advice

Disclaimers in agreed references

by MichaelLeave a comment on Disclaimers in agreed references

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.

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Posted onSeptember 25, 2007advice

Witness statements

by Naomi1 Comment on Witness statements

It is usually important – and always desirable – for the tribunal to have a clear idea what it was that the claimant was employed…

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Posted onSeptember 24, 2007advice

In praise of yellow highlighters

by NaomiLeave a comment on In praise of yellow highlighters

Yellow highlighters have a great advantage over any other colour: the marks they make are invisible to the photocopier. One of the many ways to…

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Posted onSeptember 19, 2007advice

Drafting the ET1

by NaomiLeave a comment on Drafting the ET1

The ET1 form is badly designed. One of its worst faults is that it provides separate boxes in which to write the narrative section of…

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Posted onSeptember 19, 2007advice

Presenting the ET1

by NaomiLeave a comment on Presenting the ET1

There are essentially 3 ways of presenting the claim. You can write the details of your claim on a paper copy of the form (obtainable…

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Posted onSeptember 12, 2007advice

When a statutory procedure is not the statutory procedure

by MichaelLeave a comment on When a statutory procedure is not the statutory procedure

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.

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Posted onSeptember 11, 2007advice

Any questions?

by MichaelLeave a comment on Any questions?

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.…

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Posted onSeptember 11, 2007advice

Length of submissions

by MichaelLeave a comment on Length of submissions

Closing submissions should last 30 minutes for each day the hearing has lasted.

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Posted onSeptember 7, 2007advice

Basic awards and redundancy payments

by MichaelLeave a comment on Basic awards and redundancy payments

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…

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Posted onSeptember 6, 2007advice

Preliminary points within a hearing

by MichaelLeave a comment on Preliminary points within a hearing

In general, hearings will deal with all of the issues they have to decide in a block. That is to say, having identified six issues,…

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