What are the best tactics for a respondent to win in the Employment Tribunal?

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If you are defending an employment tribunal, there are a number of things you can do to increase your chances of success. Here are a few key tips:

1. Understand the process – it is vital that you understand the process of an employment tribunal so that you know what to expect. Knowing and complying with the key dates and deadlines is also crucial so that you are prepared. Make sure that you read and comply with all orders and directions from the Employment Tribunal.

2. Call witnesses – if you have witnesses who can explain what happened and why they made certain decisions, they should prepared detailed statements and attend the hearing.

3. Gather evidence – strong evidence is key in any legal case. Make sure your witnesses reference the relevant documents supporting their statements to back up their testimony.

4. Get expert help – if you want to give yourself the best possible chance of winning an employment tribunal, it is worth seeking expert help from a specialist employment law solicitor. They will be able to guide you through the process and offer valuable advice.

5. Keep calm – it can be easy to get caught up in the emotion of an employment tribunal, which can often descend into mud-slinging, but it is important to stay calm and collected throughout. This will help you present your defence in the best possible light.

6. Be prepared – make sure you are well prepared for your hearing. This means knowing what you need to say, what your witnesses will say, what questions you want to ask the claimant and points you want to advance to the judge. If you are prepared, it could help you win.

7. Make a good impression –make sure you and your witnesses dress smartly and present yourselves in a positive light. This will show the tribunal that you are all taking the case seriously.

8. Be clear and concise – when presenting your case, ensure you are succinct in what you say. The tribunal will not want to hear a long-winded points or views, so keep it short and to the point.

9. Consider negotiating – before the final hearing, there is opportunity to negotiate a settlement. If you feel like this is an option, it is worth considering early on, as it could save you time and money in the long run.

10. Minimise the risks - Having proper processes and procedures in place before taking any action to dismiss an employee or how to deal with a grievance will help defend any subsequent claims.

Article by

Louise Maynard

0800 915 7777

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

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