How to win an Employment Tribunal case

How to win an Employment Tribunal case

If you want to make a claim against your employer because you’ve been badly treated at work, you’ll need to know how to win.

We’ve gathered a collection of tips (below) to give you the best chance of success.

Understand the process

Going to an employment tribunal is costly and complex. To have the best chance of winning, you need to know what to expect before, during and after the hearing.

Reading this article is a good start 😉

Gather evidence

Whether you win or lose is based on the facts of the case, as proved by evidence presented by each side – you and your employer.

This means gathering all the written documents and emails that support your claim. You also have to submit relevant evidence against you if it exists. You can’t ‘pick and choose’ which evidence you present.

Put it all into a file in date order, considering how it will look to a judge.

We are employment lawyers who only ever act for employees. We can help you present your claim in the best possible light – but you have to give us all the information we need to do so. We’ll guide you through that.

Find witnesses

If other people witnessed the bad treatment you suffered at work, ask if they’ll be willing to share their side of the story, write a statement, and be quizzed about it at the Tribunal (as you may know from TV and films, it’s called ‘cross examination’).

What someone else says on your behalf can be a big influence on the outcome, as that way it’s not just your word against the word of your employer.

Note that your employer may have witnesses too who you (or your legal representative) will be allowed to question.

Witness statements should set out their version of events and cross-refer to any supporting documents.

Note that witnesses must be relevant to your case. If not, it wastes expensive court time and will irritate the judge (which is a bad thing and won’t help you win!)

Meet the deadlines

Timing is critical. For most claims, your must submit everything within three months less one day.

In a few situations, you have six months less one day to make your claim. This includes:

statutory redundancy pay
equal pay
unfair dismissal related to strike action
certain claims made against a trade union
certain claims if you’re a member of the armed forces

Sometimes you can get a deadline extended (if it’s agreed by the court).

There are three key things to note from this…

Know the key dates that relate to your case and add them to your calendar.

Cooperate promptly with all orders and directions given by the tribunal.

Oh, and ensure you and your witnesses arrive at the court in good time! If you’re late or you miss it, the hearing will go ahead without you. That hugely reduces your chances of winning.

But first… negotiate informally

Court action takes time and is always costly. That’s one reason why there are various stages you have to go through before you even reach the employment tribunal.

The first step is to talk to your employer to resolve the situation informally if possible. To do this, check your staff handbook or employment contract and follow your employer’s grievance procedure. You may have an HR department or Union rep who can help you with this.

It’s never too early to get an expert employment lawyer on your side! We can walk you through it, even at the early stages.

Go through Early Conciliation

In most situations, you have to try ACAS/LRA Early Conciliation before you are able to take your claim to the employment tribunal.

You may be able to reach a settlement agreement at this stage, without the expense and risk of going to court.

Again, an employment lawyer like us can support you when dealing with Early Conciliation.

Do the admin

If nothing else has worked, you can make a claim at the employment tribunal. To do this, there’s a strict process to follow and a lot of paperwork to be completed. For example:

Form ET1 is where you make your initial claim
Your employer will respond to each allegation using form ET3

You might also have to follow Case Management Orders issued by the tribunal to help you get ready for the hearing.

Be prepared

Once you have a date for your case, ensure you’re ready.

Have your own evidence and witnesses lined up
Prepare questions you want to ask your employer’s witnesses
Know what you want to say

As employment lawyers, we can help with all of that.

Make a good impression

On the day, dress smartly – we know this shouldn’t matter, but it does. First impressions count. Making an effort shows you’re taking the case seriously.

This doesn’t mean you should wear a suit – unless that’s what you usually wear. Be neat and tidy. You might even wear your work uniform, if that’s appropriate.

Be respectful to the judge or panel, and also to your employer and their representatives (even if that seems tough when they’ve mistreated you).

Remember, behaving politely and professionally in court gives you a better chance of success.

In the worst case, you could be accused of unreasonable conduct, and maybe even be fined or have your claim dismissed.

Stay calm and collected

Don’t get angry.

It’s understandable to feel emotional about something as distressing as discrimination, or unfair dismissal, or pay problems at work. If you’ve had a miserable time because you’ve been treated badly at work, and now face the additional stress of legal proceedings, you might not perform at your best.

However, you have the best chance of success when you stick to the facts and keep emotions out of it.

Control witness behaviour

Ensure your witnesses behave too!

They shouldn’t react to evidence they disagree with, such as by shouting: “That’s rubbish!” or by tutting or sighing or shaking their heads, or storming out.

They mustn’t discuss your case in public areas such as the local coffee shop, outside the building, or in the corridors.

This is so your employer, their legal advisor, and even their friends and family don’t overhear sensitive information relating to the claim.

Follow court protocol

An employment tribunal is led by a judge (sometimes, it’s a panel of three, made up of two ‘wing members’ sitting each side of the judge).

It’s protocol for everyone to stand up when the judge enters or leaves the room.

Address the judge as “Judge” and any panellists as Sir or Madam.

Be respectful to all court clerks and staff. If you’re rude to anyone, they are likely to tell the judge.

Keep the judge happy

The judge knows the law, but they probably don’t know the details of your industry, business, organisation structure, or job role.

It can help to give them some specifics so they understand the context of your complaint.

When it comes to giving evidence, the more organised you can be, the happier the judge will be! It gives a good impression of you and saves time when they can find key documents quickly.

We can help you prepare what to say and what to leave out.

During the hearing

There will be a table where you (and witnesses) sit. The tribunal bundle of evidence and all the witness statements will be on there.

You have to refer to these documents rather than bringing your own copies.

You’ll be asked to confirm your name and address, and to confirm the statement in front of you is correct.

Say yes – unless there are any mistakes. If so, speak up!

Give honest answers, even if there are weaknesses in your case. Don’t try to hide them.

Don’t pretend you know the answer if you don’t. It’s OK to admit it.

If you’re unclear, just ask.

If you want to refer to a document, you can.

Don’t be rushed.

If something happens that you disagree with, write a note to your advisor, or speak to them during a break.

Keep it short and sweet

Don’t waffle!

You may have a long and complicated story to tell, and lots you want to get off your chest, but you need to be clear and concise when you present your case.

If you stray away from the point, it won’t help you win.

We can represent you in court, and help you work out what to say and do.

Get expert help

Not every employment law claim needs a solicitor, but some do, and it can always help to have an expert on your side who’s dealt with similar situations before.

We’re employment lawyers with offices in Northern Ireland and England, and have years of experience in supporting employees through every step of the way.

The initial consultation is free and we’ll let you know your chances of winning and what to do next.

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