Introduction to Employment Tribunal Litigation

Failing to prepare is preparing to fail.

While it’s often said that employment tribunal litigation is far less formal than in the civil courts, each claim still requires businesses to take important procedural. Otherwise, the business may well unnecessarily lose its case.

What many businesses do not realise is that launching a claim in the employment tribunal is extremely simple, and costs nothing. But once that claim is launched, a business must defend itself, which can be expensive, or else work alongside the Advisory, Conciliation and Arbitration Service (ACAS) to achieve an out-of-court settlement.

If settlement can’t be achieved early on, a business will need to comply with case management directions of the tribunal (i.e. deadlines for completing certain procedural steps). These will include disclosure of documents that are relevant to the case – irrespective of whether they help or hinder the business’ position. Each case management step provides another opportunity to appraise the case and, potentially, reconsider settlement.

In our experience, most claims tend to settle. But it’s important to be aware of what to expect “on the day” should the case lead to a final hearing, especially if you’re due to be called as a witness. There’s nothing quite like seeing it for yourself to cement your understanding. That’s why we deliver a “mock tribunal” as part of this module, to ensure you’re as prepared as possible.

About the course
Course content

  • introduction to tribunal process (ET1, ET3)
  • ACAS early conciliation
  • disclosure
  • case management
  • conduct of a hearing

Duration of course

half a day, full day if “mock tribunal” required.

Delivery options

webinar or face-to-face lecture-style (with optional “mock tribunal”)

Learning outcomes

At the end of the module, you should have a broad understanding of the employment tribunal process. You’ll understand the importance of engaging with ACAS conciliators. The principles of disclosure will be covered at a high-level, and you’ll be aware of what to expect “on the day” at tribunal.

Why Capital Academy

Capital Academy’s employment modules are specifically designed with time-poor senior and HR managers in mind. The training is fast-paced and designed to build on existing knowledge. Module resources such as factsheets and infographics are supplied to help you to find answers quickly when time is of the essence. All our employment law training is delivered by qualified lawyers who will remain available to you after the delivery of the training, as a friendly face that knows your business, and who can deal with any follow up queries.