Look through the respondents ‘rebuttals’ and highlight the key points and then think about what evidence you have to support your claim and counter their arguments.
To help with step one, if you haven’t already, make a ‘strategic’ Subject Access Request, also known as a SAR to get specific information and evidence relating to your case and the points you are planning to make.
Follow the case management orders and timeframes and remember to copy in the employment tribunal office, but don’t be surprised or upset when you find your employer’s solicitors do not follow the timescales set out. This is very common. As is the tribunal judge granting extensions.
Isolate the ‘essence of your case’ and how it relates to the law. If you are claiming race discrimination for example what were the specific actions that make you believe it was racial discrimination, how did your treatment compare to a white British individual or what evidence of biases against you can you find? When did these incidents happen and how, write down every little action. If your case is unfair dismissal, why was your dismissal unfair, was it the decision or process or both?
Decide on the number. Decide on ‘a number’ you would take to avoid an employment tribunal, even if you have turned down settlement offers before. You might find as you get nearer to your tribunal date and you become more anxious, a decent amount of money is more favourable to standing up and making your case as a witness.
Prepare your schedule of loss excel spreadsheet. An excel spreadsheet is preferable to a fixed word or PDF as an excel with appropriate formulas can be updated as time passes and you get closer to the tribunal. This means you have less work than you would have to do if starting from scratch every time you need to submit your updated Schedule of loss. An updated schedule of loss will change to account for the time passed or additional losses. You can then transfer it on to a word/PDF for the final bundle submission. We have a quick training on how to create your schedule of loss which also includes an excel spreadsheet that neatly updates things for you and makes it clear.
Request the draft bundle index early and set a deadline for it. Before you see it, itemise all the things you’d expect your employer to include in the bundle and then write a list of all the documents you would like to include. As things change with the bundle ask the other side to highlight the changes they’ve made on deletions and inclusions.
Prepare your witness statements and prepare mentally to be a witness and a cross examiner- this is critical to making your case. In England you are required to prepare your witness statements in advance and have them ready to pass over to the tribunal and respondent to read, in Scotland you normally prepare a statement, similar to the statement, but the difference is that you would most likely read your statement aloud.
We have training here on how to write your witness statement in a tribunal ready format and also prepare yourself confidently to give evidence and withstand the respondent’s lawyer’s cross examination, right down to how to answer questions and where to focus your gaze. The training also covers how to cross examination witnesses from your ex-employer. Our training also gives you some advice on how to get key witnesses to the tribunal if your ex-employer is not planning to call them.
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