Knowing the Rules – a tactical guide to ET procedure

This event is in the past
Mon, 26 Nov 2018
London (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists
27 Sussex Place, Marylebone, London NW1 4RG
See programme
Event Type:
9.30am for a 10am start until 5.15pm
CPD hours:
Spaces Available
Knowing the Rules – a tactical guide to ET procedure
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Fee: £225 + VAT. There is an early bird discount until 25 October 2018, a 50% discount for the voluntary sector, pupil barristers, barristers under 2 years call or a 30% out-of-region discount  on the full fee, with no booking deadline.

The latest Employment Tribunal statistics show that single claims are up by 165% since fees were abolished. Many employment lawyers who qualified around the time the fees were introduced have not had the benefit of years of steady employment tribunal experience. This course highlights the key points of the rules, focusing on the procedural areas that have changed over the past 5 years, and looks at how they can be used tactically, from both claimant and respondent perspectives. Against the backdrop of the pressure the employment tribunal system is under, the course aims to help you narrow down the points being fought, to make the best impact.

Event Programme

9.30am Registration and tea/coffee

10.00am ACAS Early Conciliation
Nathaniel Caiden, Cloisters

  • How Acas Early Conciliation Operates and the importance of EC certificate
  • What is the effect of EC / Time limits
  • Amendments to claims and joining parties, and relevance of EC

11.00am Tea/coffee

11.15am Acceptance/Rejection of the claim
Sam Murray-Hinde, Howard Kennedy

  • Time limits
  • Rejection at the sift stage – Tribunal does not have jurisdiction, claim not in a form it can sensibly be responded to, claim not presented on correct form or does not contain the mandatory information
  • Reconsider of Tribunal’s decision to reject a claim
  • Further sift stage following presentation of the response
  • Dealing with amending a claim or response (new claims/re-labelling)

11.45am Preliminary hearings and interlocutory stage
Nathaniel Caiden, Cloisters

  • Preliminary hearings
    • Scope and procedure for calling and conducting a preliminary hearing
    • Preparing for a preliminary hearing to include:
      • The preliminary hearing agenda
      • Drafting lists of issues
      • Further and better particulars
      • 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                            
  • Interlocutory stage
    • Rules and procedure relating to making interlocutory applications
    • Strike-outs
    • Deposit orders

12.45pm  Lunch

1.45pm Disclosure stage and witnesses
Nick Chronias, DAC Beachcroft

  • Witnesses evidence and witness orders – who to call, drafting and exchanging statements, supplementary
  • statements, availability of witnesses, witness orders, and witness statements, witnesses and the press
  • Disclosure – parameters and procedure (e.g. use of edisclosure platforms, specific disclosure, admissibility of evidence, privileged documents)
  • Hearing bundles (provision of electronic copies of bundles to other side and the Tribunal)
  • Other documents to assist the Tribunal
  • Maintaining confidentiality in Tribunal proceedings and Restricted Reporting Orders.

2.30pm  Tea/coffee

2.45pm  Remedies refresher
Stephen Butler, Outer Temple Chambers 

  • Preparing schedule of loss/counter schedule
  • Evidence of mitigation
  • How Tribunals assess remedies/interest

3.30pm Judgment stage
Juliette Franklin, Slater and Gordon

  • Reconsideration or appeal
  • The grounds and procedure for both

4.15pm Comfort break

4.30pm Costs refresher
Sophie Belgrove, 11 KBW

  • Refresher on rules on time limits and requirements for obtaining costs
  • Costs orders, preparation time orders, and wasted costs orders
  • Costs warnings, including ethical considerations

5.15pm  Close