Knowing the Rules – An Expert Guide to ET Procedure

This event is in the past
Date:
Thu 7th Oct, Fri 8th Oct 2021
Location:
London (National)
Venue Address:
BMA House
Tavistock Square, London WC1H 9JP
Event Type:
Introductory
Duration:
2-day
Status:
Fully Booked
Knowing the Rules – An Expert Guide to ET Procedure
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Fees

  • Both days: £425 + VAT
  • Day One: £225 + VAT
  • Day Two: £225 + VAT

Discounts

We also offer the following discounts on the full fee:

  • There is a 50% discount for the voluntary sector
  • There is a 50% discount for pupil barristers and barristers under 2 years call
  • There is a 30% discount out of region discount
  • Please note only one discount will be applied per booking.

A two-day course organised by the Employment Lawyers Association

Fee: £225 + VAT per day; £425 + VAT for both days.

There is an early bird discount until 31 August 2021, a 30% out of region discount and a 50% discount for the voluntary sector, pupil barristers and barristers under 2 years call.

Members may book for either day one or day two, as well as for the full two day course.
Please note this course is non-residential. The course fees do not include overnight accommodation.

The first day is aimed at junior lawyers. The second day is aimed at both junior and more experienced practitioners.

Programme – Day One – 7 October 2021 (Suggested 4.5 Hours CPD)

Chair: Sophie Lockwood, Charles Russell Speechlys LLP and ELA's Junior Representative

9.30am Registration and tea/coffee

10.00am ACAS Early Conciliation
Nathaniel Caiden, Cloisters

  • The requirements of ACAS Early Conciliation.
  • How it operates and the Early Conciliation process.
  • Claims covered by EC and exemptions from the EC requirement*.
  • The effect of EC and time limits, including:
    • Calculating the time between Day A and Day B
    • Conciliate only once? What about events extending over a period?
    • Conciliation after proceedings are raised.
  • Changes to EC procedure in 2020 and recent cases.
  • Amendments to claims and joining parties, and relevance of EC.
  • COT3 Agreements.

*i.e. inc UDL claims accompanied by an application for interim relief

10.45am Comfort Break

11.00am Time Limits in Employment Tribunal Claims
Amanda Steadman, BDBF

  • Recap of the basic rules for calculating time
  • The different ways in which time may be extended*
    • Not reasonably practicable to present in time
    • Just and equitable to extend time
  • Which rules apply to which claims?
  • Tricky issues: discrimination, detriment and wages claims
  • Appeals to the EAT

11.45am Tea/coffee

12.00pm Acceptance/Rejection of the Claim
Sam Murray-Hinde, Howard Kennedy LLP

  • Rule 70
  • Rejection at the sift stage
    • Tribunal does not have jurisdiction - Early conciliation errors (certificate numbers etc)
    • Claim not in a form it can sensibly be responded to,
    • Claim not presented on correct form or does not contain the mandatory information
    • Is the Claim an abuse of process?
    • Further sift stage following presentation of the response
  • Late responses
  • Reconsider of Tribunal’s decision to reject a claim (or response)
  • Dealing with amending a claim or response (new claims/re-labelling) – applications
  • Sift much more effective in EAT

12.45pm Lunch

1.45pm Preliminary Hearings and Interlocutory Applications
Andrew Edge and Hannah Slarks, 11KBW

  • Preliminary hearings – rule 53
    • Scope and procedure for calling and conducting a preliminary hearing
    • Determining preliminary issues
    • Any applications to be made? Strike out applications? Deposit orders?
    • Clarifying the claims (further and better particulars)
    • Content will determine if public/private
    • Virtual hearings
    • Litigants in person
    • Preparing for a preliminary hearing to include:
      • The preliminary hearing agenda (include dates to avoid to minimise risk of needing to apply for postponement)
      • Drafting lists of issues
      • Further and better particulars – backdoor amendments?
      • Written answers to specific questions
      • Judicial assessment
      • Judicial mediation
      • How to make the most of a preliminary hearing – narrowing the issues, indication of merits, discussions after the hearing 
    • Multiple PHs
    • Converting to final hearing
  • Interlocutory stage
    • Case management orders – any changes?
    • Rules and procedure relating to making interlocutory applications
    • Strike-outs – rule 37
      • public hearing
      • difficult if whistleblowing/discrim
    • Deposit orders – Rule 39
    • Unless order

2.45pm Tea/coffee

3.00pm Disclosure Stage
Nick Chronias, DAC Beachcroft

Disclosure tests: general and specific

  • Carrying out the disclosure exercise itself
  • Handling privileged documents
  • Considerations for using a remote hearing bundle
  • What to include and practicalities
  • Maintaining confidentiality

4.00pm Close

Programme – Day Two – 8 October 2021 (Suggested 5.25 Hours CPD)

Chair: Paula Chan, BDBF LLP

9.30am Registration and tea/coffee

10.00am Witness Statements
Douglas Leach, Guildhall Chambers

  • Who to call
  • Managing the witnesses understanding of the process
  • Taking the statement:
    • What to cover/proportionality
    • Dealing with privileged conversations
    • Dealing with new documents which come to light at this stage
    • Coaching a witness: what can and can’t you do?
  • When to exchange witness statements
  • Working with witnesses’ anxiety including those who are*:
    • Medically anxious
    • Worried about their reputation
    • Worried about disciplinary action following the ET
  • Are supplemental statements ever a good idea?
  • Future changes: will ETs follow the business and property court’s approach to witness statements?

11.00am Tea/coffee

11.15am Privacy, Confidentiality, Anonymity and Tactics
Tom Croxford QC and Hollie Higgins, Blackstone Chambers

  • At what stage do ET disputes become public?
    • Pleadings
    • Preliminary hearings
    • Final hearings – in person and remote
  • Advantages and disadvantages of publicity for claimant/respondent
  • Privacy orders:
    • Private hearings
    • Anonymity orders
    • Restricted reporting orders
  • Applications for privacy orders
    • Claimants
    • Respondents/individual respondents
    • Witnesses/third parties
  • Settlement and confidentiality

12.15pm Lunch

1.00pm Giving Evidence in a Virtual World
Ed Williams QC, Paul Epstein QC and Dr Jennifer Denyer, Assurety

  • A guide to remote hearings.
  • Preparing witnesses for remote hearings.
  • What works well and what doesn’t work well:
    • Choosing the venue
    • Check the tech
    • Appearances
    • Practical points
  • Mock cross-examination.

1.45pm Comfort Break

2.00pm Mock Remedy Hearing
Suzanne McKie QC, Farore Law, Sam Nicholls and Jesse Crozier, Devereux Chambers

Sam Nicolls and Jesse Crozier, of Devereux Chambers, will bring tricky remedy issues such as:

  • stigma damages and
  • how the ACAS uplift is applied

by way of a mock employment tribunal before Suzanne McKie QC acting as the judge. There will also be time for questions.

3.00pm Tea/coffee

3.15pm Judgment stage
Peter Daly, Doyle Clayton

  • Oral and reserved judgments
  • Errors in judgments
  • Written reasons
  • Financial penalties
  • Enforcing judgments
  • Register of judgments
  • Reconsideration and appeals

4.00pm Costs refresher
Nathan Roberts, Matrix Chambers

  • Costs orders
  • Preparation time orders,
  • Wasted costs orders
  • Time limits and procedure for applying for costs
  • Costs warnings, including ethical considerations
  • Compensation for errors by Employment Tribunal

4.45pm Close