The employment tribunals handbook : practice, procedure and strategies for success. / .John-Paul Waite and Alan Payne QC.

Format:

Book

Author/Creator:

Waite, John-Paul, author.

Payne, Alan, author.

Language:

English

Subjects (All):

Labor courts--Great Britain.

Labor courts.

Labor laws and legislation--Great Britain.

Labor laws and legislation.

Physical Description:

1 online resource (595 pages)

Edition:

Sixth edition / John Paul Waite, Alan Payne.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Place of Publication:

London, England : Zed Books, 2021.

Summary:

The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success, Sixth Edition is a comprehensive guide to bringing and defending a claim in the employment tribunal. Using a step-by-step structure, with clear examples and illustrations of the rules and principles, it covers every stage from pre-action procedure and protocols through to conducting the hearing itself, as well as the appeal process. It provides commentary, practical examples and illustrations of rules and principles to place law and procedure in context, alongside precedents and templates for drafting key documents. The Sixth Edition includes coverage of the changes to the tribunal fees structure after the Supreme Court deemed some associate fees unlawful, as well as changes to the rules of procedure and the associated claims process and forms. The Employment Tribunals Handbook offers tactical insights to maximise a litigant's prospect of success and will help the reader to: - Commence or defend employment tribunal claims - Prepare for and conduct preliminary hearings - Negotiate settlement of claims - Prepare for and conduct the full hearing - Calculate and obtain the appropriate remedy This is an essential title for all those who appear in employment tribunals, including solicitors, barristers, HR professionals, trade union officials and litigants in person. This title is included in Bloomsbury Professional's Employment Law online service.

Contents:

Intro

Acknowledgments

About the authors and contributors

Glossary

Table of statutes

Table of statutory instruments

Table of EC Material

Table of Guidance and other Materials

Table of cases

Chapter 1 Tribunals today

Introduction

Tribunals: the industrial jury

Composition of tribunals

The role of the lay members

Does the tribunal need to be unanimous?

Employment judge sitting alone

Two-member tribunals

The rules under which tribunals operate

The overriding objective

Claims a tribunal can hear

Jurisdiction to hear contractual claims

Territorial jurisdiction

The status of case law in tribunal proceedings

How to obtain and search for relevant case law and legislation

The nature of tribunal proceedings today

Public or private?

Formal or informal?

Chapter 2 Getting advice

Do I really need advice?

When should advice be sought?

From whom should advice be sought?

Organisations offering free general advice

ACAS

Equality and Human Rights Commission (EHRC)

Organisations offering case specific advice and/or representation

Citizens Advice, Law Centres and other free sources of advice

Solicitors

Barristers

Employment law consultants

How much will it cost?

Solicitors and barristers

No win, no fee and Damages Based Agreements (DBA)

Useful addresses

Chapter 3 Pre-claim correspondence and requests for information

Employee's letter before claim

Responding to the letter before claim

'Protected Conversations'

Requests for information in discrimination cases

Responding to a request for information

Chapter 4 The effective handling of disputes: the ACAS Code of Practice

The ACAS Code of Practice 'Disciplinary and grievance procedures'

General principles.

Keys to handling disciplinary issues

Keys to handling grievances

Consequences of non-compliance

Chapter 5 Time limits

Time limits for presentation of claims: the five-stage test

Stage one: what time limit applies?

Stage two: identify the trigger event

Unfair/wrongful dismissal claims

Discrimination claims

Redundancy claims

Equal pay claims

Unauthorised deduction of wages

Contract claims

Failure to provide written particulars

Stage three: calculating time

Presenting a claim

Calculating time

Stage four: is the claim in time?

Stage five: extending the time limit

Jurisdiction

Extending the time limits

Claims under European Union Law

Early Conciliation

Chapter 6 Making a claim: Early Conciliation and the claim form (ET1)

Submitting the ET1

Completing the ET1

Tribunal fees

What the tribunal does on receipt of a claim form

Details of the claim: Section 8

Advantages of well drafted details of complaint

Drafting the details of complaint

The consequences of an incomplete ET1

Challenging rejection of the claim form

Administrative or minor errors

Interests of justice

Amending the claim form

Pre-action checklist

Stages leading to full hearing checklist

Chapter 7 The response (ET3)

Time limits

Extending the time limit

Submitting the ET3

Completing the ET3

What the tribunal does on receipt of a response

Circumstances in which a response will be rejected

Challenging rejection

Consequences of a response not being presented or accepted

Drafting the grounds of resistance

Preserving the employer's position

How much should be admitted?

How much detail should be provided in the grounds of resistance?

Chapter 8 Fairness: the overriding objective.

Introduction

What is the overriding objective?

Applying the overriding objective in practice

How the tribunal decides: balancing unfairness

Balancing the unfairness

Choosing a middle way

Chapter 9 The management of proceedings by the tribunal

Initial consideration of claim form and response

Weeding out hopeless claims and responses

Length of hearing

The notice of hearing

The tribunal's general power to manage proceedings (rule 29)

The tribunal's powers of case management

The application of the tribunal's case management role

Case management hearings

Preliminary hearings

Electronic hearings

Case management during the course of a hearing

Unfavourable case management decisions

Practice directions and Presidential Guidance

Making applications for case management orders - rule 30

How should the application be made?

The response from the tribunal

The consequences of failure to comply with orders

Communicating with the tribunal

Contacting employment tribunals

Chapter 10 Post-claim requests for additional information

The request for additional information

Making the application

The criteria for making an order

Consequences of failing to comply with a request for further particulars

The power to order written answers

Chapter 11 Disclosure and inspection

The extent of the duty of disclosure

Which documents need to be disclosed

The tribunal's power to order disclosure

Standard disclosure

Specific disclosure

Disputes about disclosure

Applying the overriding objective in deciding disputes over disclosure

Examples of disputes about disclosure

Failure to comply with an order for disclosure

Disclosure against third parties

Method of disclosure

Documents protected from disclosure.

Legal professional privilege

Communications (not limited to communications with lawyers) for the purpose of obtaining advice or evidence in contemplated or pending legal proceedings

Medical reports and other confidential documents

ACAS officers

Without prejudice communications

Public interest immunity

National security

Waiver

Disclosure: step by step

Chapter 12 Preliminary hearings: Part 1 (hearings dealing with case management issues) and Part 2 (hearings dealing with substantive issues)

Part 1: the case management function of the tribunal

What are orders?

Case management at preliminary hearings

Preliminary hearings at the instigation of the employment judge

Preliminary hearings at the instigation of one or both of the parties

Preparing for a preliminary hearing (where only case management issues are to be dealt with)

Using the preliminary hearing to make applications

The structure of the hearing and the order

The order

Varying or setting aside orders

Enforcing orders

Partial compliance

Flagging up non-compliance

Part 2: preliminary hearings dealing with substantive issues

Issues suitable for a preliminary hearing

Issues suitable for a preliminary hearing (involving substantive issues)

Employed or self employed

Qualifying period of employment

Dismissal or resignation

Essential statutory element not fulfilled

Cases which are not suitable for dealing with by way of a preliminary hearing

Applying for a preliminary hearing

The hearing

The power of the tribunal at a preliminary hearing

Striking out

Category (a) meaning of 'no reasonable prospects of success'

Category (b)

'scandalous, unreasonable or vexatious'

Category (c): striking out for failing to comply with rules or orders.

Category (d): not been actively pursued

Category (e): no longer possible to have a fair hearing

Order for a deposit and costs warning

Failure to pay the deposit

Costs if the matter proceeds to full hearing

Chapter 13 Witness orders and orders for the production of documents

Witness orders

Example of application to the tribunal

Potential risks of obtaining an order

Orders for the production of documents

Chapter 14 Postponements and adjournments

The criteria for deciding whether to grant an application

Non-availability of the parties, witnesses or representatives

There is a pending appeal to the EAT

The parties are engaged in related proceedings in the High Court/county court

Criminal proceedings pending

The case concerns a point of law that is awaiting resolution elsewhere

Procedure for applying for a postponement prior to the hearing

Adjournments during a hearing

Alternatives to adjournments during a hearing

Chapter 15 Settlement of claims

Advantages of settlement prior to hearing

Features of a settlement 1: sum of money

Features of a settlement 2: reinstatement

Features of a settlement 3: reference

Features of a settlement 4: confidentiality clause

Negotiating a settlement

The form of the settlement

ACAS - conciliation

ACAS - arbitration

Judicial Assessment

Judicial Mediation

The recoupment provisions

Enforcement of the settlement

Specimen consent order/Tomlin order

Chapter 16 Preparing for the full hearing

The bundle

What is the bundle?

The contents of the bundle

Preparing an agreed bundle

The consequence of coming to the tribunal without a bundle

The chronology

The purpose of a chronology

Dealing with disputed events.

Chronologies as a tool in preparation.

Notes:

Previous edition: 2017.

Includes index.

ISBN:

9781526517197

1526517191

9781526517173

1526517175

9781526517180

1526517183

OCLC:

1257446816