Topic of the week: Defending tribunal claims checklist

In this week's topic of the week article, Sarah-Marie Williams of Clyde & Co LLP provides a checklist to help employers prepare for employment tribunal hearings. 

Employers that familiarise themselves with employment tribunal procedure in advance of a hearing may be better equipped to defend claims successfully. 

• Topic of the week: Defending tribunal claims checklist When defending employment tribunal claims employers should ensure that they meet prescribed time limits, comply with disclosure obligations and prepare witnesses for hearings. 

Previous articles in this topic of the week series

Defending tribunal claims: before the hearing An overview of the steps that employers must take, and the procedure that applies, prior to employment tribunal hearings. 

Defending tribunal claims: hearing and outcome An explanation of the procedure during an employment tribunal hearing and how the tribunal gives its decision. 

Defending tribunal claims: FAQs Answers to frequently asked questions about the procedure before and during employment tribunal hearings. 

More from XpertHR on employment tribunal claims and procedure and related topics

XpertHR subscribers have access to a wealth of material on employment tribunal claims and procedure and related topics - ranging from FAQs on the role of witnesses to policies and documents that can be used to try to settle claims. We pick out just some of the information available on the subject. 

Employment tribunal procedure

There are a number of resources on XpertHR to help subscribers understand employment tribunal procedure and follow the necessary steps. The XpertHR employment law manual includes sections explaining Tribunal procedures and other methods of resolution (which relates to termination of employment) and Procedure in cases of discrimination. 

The XpertHR policies and documents section includes letters and forms relevant to employment tribunals including links to the forms used to make and respond to claims, and example claim and response forms. 

There are also a number of FAQs on Tribunal procedures and Procedures in cases of discrimination including:

• Will a case of alleged discrimination have to go to an employment tribunal?
• Is there anything that an employer can do if it misses the deadline for submitting a response to an employment tribunal claim?
• Does an employer have to surrender confidential documents to an employment tribunal if so directed?
• Can an employer insist that an employment tribunal hearing remains confidential?
• Must a person be authorised to represent a claimant at tribunal for reward?
• Is the decision of an employment tribunal final?

Tribunal claims

XpertHR's quick reference section includes figures for Tribunal claims 2007-08 and Tribunal claims 2008-09. There is also a summary of the circumstances in which the Secretary of the Office of the tribunals will not accept a claim. 

Settling claims

Many employers choose to settle claims either through Acas or by agreeing a compromise agreement. By settling claims before the tribunal hearing employers can reduce legal costs and limit the amount of management time spent preparing for, and appearing in, hearings. There are a number of model documents in the XpertHR policies and documents section that can be used by employers that wish to settle a claim by using a compromise agreement. For example:

• Model compromise agreement
• Letter to an employee to go with a compromise agreement
• Letter confirming that an employee has been given independent legal advice before entering into a compromise agreement
• Solicitor certificate

Witnesses

Witnesses play a key role in employment tribunals. Witness statements are produced in advance of tribunal hearings and witnesses can be required to give evidence in front of the tribunal panel. There are a number of resources on XpertHR to help subscribers make best use of witnesses to defend claims, in particular How to give witness evidence in employment tribunal proceedings. 

The XpertHR FAQs section answers questions about witnesses: Can an employer request that other employees are not called to give evidence to an employment tribunal? and Is an employer obliged to give an employee paid time off to be a witness at an ex-employee's tribunal hearing?