March 15 2020 - Although everyone has high hopes when they apply for a job, sometimes that job isn't really for them, and it
will be necessary for their employer to dismiss them. Unfortunately, some will feel that they have been dismissed unfairly, and this can lead to an
employment tribunal. This can happen for a number of reasons. They might want to receive compensation, get their job back, or simply let their former
employer know that they feel there was an error made.
If this does happen, then it is crucial to be prepared. It is extremely serious, and you will need to be able to defend your position
and give your reasons as to why you let your employee go. Read on to find out the best ways to prepare.
Although it may not be too much fun to think about what happened and what went wrong, it's important to know exactly why your
ex-employee is taking you to an employment tribunal in the first place. Knowing this can give you a useful perspective on the situation.
Ask the courts to let you see the ET1 claim form. This will make up part of the case and is where the complainant will set out the
details of what happened and why they feel they were dismissed unfairly.
As with most court cases, witnesses can be called to speak in your defence. These can include many different people, such as the
person who actually dismissed the claimant, managers, and work colleagues. It could even be an expert witness psychologist
from Expert Court Reports if they believe they were a victim of discrimination. Whoever you choose should be able to prepare a witness statement ahead of time,
detailing exactly what happened, or, in the case of the expert witness, giving a testimony about similar cases or psychological reports.
Your witnesses will need to be able to put the information across confidently, so be careful if you have a choice about who to use
since picking the wrong people will give a bad impression of your company.
The evidence in an employment tribunal is just as important as the evidence in any other kind of court hearing. The case can depend
heavily on the evidence, as it will show the timeline of events, and offer proof behind the decision to let the employee go.
Emails and memos are a good source of evidence, as they can provide the backup you need when giving your report. If the emails have
been deleted, make sure you have a professional try to retrieve them from your computer. The same is true
for text messages. Of course,
conversations won't have been recorded in most cases, which is why making notes and writing down instances of disobedience or other problems
is so important in the workplace.
Give The Right Impression
Finally, it is imperative that you give the right impression in the courtroom. This means wearing the right clothing for one thing;
it should be smart and tidy - a suit for both men and women, and a tie for men, is always a good choice. Never wear jeans or trainers, and always
try to look smart.