1 / 24

CIPD: Mock Tribunal

CIPD: Mock Tribunal . Rhian Brace, Partner. Wednesday 20 th January 2010. Introduction: Substantive Hearing. Purpose of hearing is to determine outstanding procedural or substantive issues or to dispose of matter

tyrell
Download Presentation

CIPD: Mock Tribunal

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CIPD: Mock Tribunal Rhian Brace, Partner Wednesday 20th January 2010

  2. Introduction: Substantive Hearing Purpose of hearing is to determine outstanding procedural or substantive issues or to dispose of matter Therefore, can be different categories of hearing e.g. liability, cost, remedies Looking today at liabilities hearing on an unfair dismissal claim Adam Nusance v Pretty Paper Limited

  3. Introduction: Pre Hearing Steps ET1 ET3 Order for directions Disclosure Exchange of witness statements Preparation of tribunal bundle Listing the hearing Case Management Discussion

  4. Hearing Bundles Both parties will have considered each other’s documents at disclosure stage Only documents relevant to issues to be determined should be included in common hearing bundle Bundle is usually an amalgamation of two lists Tribunals Limit size Limit the number of documents to be included to only those documents that are to be referred to during course of hearing

  5. Witness Statements Normal practice to direct evidence must be provided in advance of the hearing in form of written witness statements Preparation of comprehensive witness statement referring to contemporaneous documents is therefore extremely important

  6. Reluctant Witnesses Where individual has had relevant evidence but will not attend voluntarily, can apply for a witness order compelling them to attend Failure to attend in those circumstances is a criminal offence

  7. Start Time Check start time: 9.45am / 10.00am / 10.30am Agreed earlier arrival time? Check time tribunal opens Meeting place

  8. Arrival at Tribunal Parties and witnesses sign in at reception Ensure correct waiting room

  9. Who else might be attending? Most Tribunals open to public (e.g. member of press present) Members of public (press) can sometimes visit waiting rooms Discussion may be overheard May be directly approached by press Hearing can be reported unless Restricted Reporting order (cases of disability or sexual misconduct)

  10. Failure to attend Tribunal can dismiss or dispose of proceedings; or Adjourn to later time/date Clerk usually tries to contact “missing party” to find out whereabouts/explanation

  11. Layout When tribunal ready, clerk will collect parties and take to relevant tribunal room Layout very similar in all tribunals Parties remain seated when addressing tribunal All present in hearing room stand when panel enters/leaves

  12. Tribunal Composition Generally panel of three Employment Judge (legally qualified) Two lay members One employee background (e.g. trade union rep) One employee background (e.g. HR)

  13. Member is unable to continue May become ill/know witness, party’s representative Judge must act judicially to decide whether a substitute should be added

  14. Addressing those present Judge: “Sir” or “Madam Panel members: included in address to Judge as “your colleagues” Parties: “the Claimant” or “the Respondent” Representatives: their name or “my opponent”

  15. Course of a Day in Tribunal Tribunals normally sit between 10.00am and 4.00pm One hour break for lunch If hearing does not complete in allocated time, it will not normally continue following day

  16. Opening Address Judge addresses representatives Confirm identity Confirm nature of claim Which party will give evidence first Clarification of matters in dispute May seek opening submissions in complex cases

  17. Witnesses Witnesses can remain present in room throughout all evidence Exceptional to be excluded but can do so if in “interests of justice” Witnesses called to witness table and asked to take oath or affirm (over seen by clerk)

  18. Which party goes first? The party that has the burden of proof will usually give evidence/call witnesses first As this is unfair dismissal claim, the employer has to prove the reason for dismissal and will therefore give evidence first Tribunal may alter order and will often ask employer to start evidence (particularly if mixture of allegations/burden of proof)

  19. Evidence Oath/Affirmation Evidence in chief Additional questions Cross examination Re examination Member of panel questions

  20. Witness Direct answers to tribunal (not representative) Judge takes long hand note Therefore witnesses need to speak slowly and clearly Keep eye on Judge’s pen Do not discuss evidence (if adjournment) if still under oath Free to leave once given evidence but it is normal for representatives to seek approval from Judge

  21. Closing Submissions Both parties make closing submissions Party who gave evidence first, will make submission last Opportunity to summarise case Generally done orally

  22. Closing Submissions Deals with legal frame work of claim Reminds panel of key evidence Deals with opponent’s case (in particularly discrediting any evidence) Refer to case law (copies to be provided for panel and opponent)

  23. Thank You Cardiff Derby Nottingham

  24. Contact Details Rhian Brace DD : 029 2039 1734 rhian.brace@geldards.com www.geldards.com

More Related