Preparing for an employment tribunal is essential to ensuring you present a strong defence. Here are some key tips to help employers get ready:
- Plan ahead: The outcome often depends on the evidence rather than witness performance. Think carefully about how your decisions, especially in dismissal cases, will look to a judge. Make sure you have a clear record of your decision-making process, including evidence considered, any mitigation, and alternative actions.
- Understand the case against you: Review the ET1 claim form thoroughly. Address each allegation specifically, acknowledging any that are true and setting out your version of events for those that are not. A blanket denial of all allegations can harm your credibility.
- Gather evidence: Collect all relevant documents, even if some don’t support your case. It’s crucial to be transparent with the tribunal, as withholding evidence can damage your defence.
- Prepare witness statements: Choose witnesses who can explain key decisions, such as the dismissing or appeal managers. Their statements should reflect their own version of events and refer to any supporting documents. Witnesses need to be familiar with their statements and comfortable with their content.
- Prepare for unrepresented claimants: If the claimant represents themselves, be cooperative. This will reflect well on your professionalism and show that you are acting reasonably.
- Get ready for the hearing: Ensure your witnesses understand the process and the documents they’ll need. They don’t need to memorise everything but should be familiar with the key points. On the day, remind them to stay calm, speak clearly, and avoid reacting emotionally.
Staying organised, calm, and transparent throughout the process will help you present your case in the best possible light.
We can support your organisation throughout the Tribunal process, and with any other employment law issues. If you’re facing an employment tribunal, get in touch with our experts to discover how we can help.
