PRESENTATION OF RESPONDENT'S CASE Evidence-in-chief

CASE SUMMARIES sometimes parties are asked to summarise case

not here, case is a simple unfair dismissal claim
respondent is a fictional chain of grocery and off-licence stores which dismissed the claimant for failing to follow the process for accepting payment by cheque

AFFIRMATION / OATH witnesses give evidence by affirmation or, if they are religious, on oath in other words by swearing on a holy book of their choice

EVIDENCE-IN-CHIEF we hear from the respondent's witness first

evidence-in-chief is given by means of a written witness statement which is normally exchanged with the other party prior to the hearing this isn't the usual position in Scotland or Northern Ireland where witnesses are taken through their evidence by their representative

SUPPLEMEMENTAL QUESTIONS here the tribunal allows the respondent's representative to ask supplemental questions, but this isn't always the case, so it is important statements are well drafted and address all of the pertinent issues in the case

PRESENTATION OF RESPONDENT'S CASE Cross Examination

CHALLENGE / TEST opportunity for the other side to challenge and test the evidence of the witness we see this witness put under pressure in relation to:

the company's processes and procedures
his experience of conducting investigations and disciplinary proceedings; and
his motives for acting as he did

PRESENTATION OF RESPONDENT'S CASE Questions from the tribunal panel

ET QUESTIONS some Employment Judges ask questions at other times, but in all cases the panel will take the opportunity to put questions to each witness once their evidence-in-chief has been given and cross-examination completed

RE-EXAMINATION at this time the representative acting for the party the witness has given evidence for will also be given an opportunity to re-examine the witness if this would help to clarify any problems caused by the other side's cross-examination

PRESENTATION OF CLAIMANT'S CASE Evidence-in-chief

AFFIRMATION / OATH again witnesses give evidence by affirmation or on oath

EVIDENCE-IN-CHIEF now it's the claimant's turn

evidence-in-chief is again given by means of a written witness statement, but this isn't what normally happens in Scotland or Northern Ireland where witnesses are taken through their evidence by their representative

SUPPLEMEMENTAL QUESTIONS here the Claimant is allowed to correct her statement, but if this is necessary to a significant degree it could give rise to doubts about credibility, so careful drafting of statements is advised

on this occasion the representative does not seek permission to ask supplemental questions

PRESENTATION OF CLAIMANT'S CASE – Cross Examination

CHALLENGE / TEST opportunity for the other side to challenge and test the evidence of the witness

PATIENCE / SKILL the witness is difficult to pin down, the representative is careful to question her patiently and he covers the ground in small steps to obtain the concessions he wants

cross-examination is difficult and it is easy for an inexperienced person to be thrown by unexpected answers – here patience and tenacity are rewarded by concessions that can be used when the case is summed up

PRESENTATION OF CLAIMANT'S CASE – Questions from the tribunal panel

ET QUESTIONS again we see the panel put their own questions to the witness

RE-EXAMINATION the claimant's representative uses this opportunity to emphasise that an offence needs to be serious to qualify as gross misconduct under the company's disciplinary policy

in his summing up he will argue that the claimant's offence wasn't serious

CLOSING SUBMISSIONS – Claimant's representative and Respondent's representative

SUMMING UP FACTS & LAW each side seeks to persuade the tribunal that their version of the facts is the correct one and then applies the legal tests to argue why their client should succeed

experience pays because it's important to concentrate on those areas that are material and in dispute

LEGAL ISSUES in an unfair dismissal case the tribunal will assess the respondent's reason for dismissal (and, if relevant, its belief in the Claimant's guilt) and the process adopted by the respondent (including any investigation carried out)

the tribunal will also consider whether dismissal was within the range of reasonable responses of the reasonable employer

COMPENSATION if the process adopted rendered the dismissal unfair it's possible to argue that compensation should be reduced by a percentage amount to reflect the likelihood of the Claimant being dismissed even if a fair procedure had been followed

it's also possible to argue that compensation should be reduced to reflect the contribution the Claimant's own blameworthy conduct made to her dismissal

DELIVERY OF TRIBUNAL DECISION BY EMPLOYMENT JUDGE

SUMMARY DECISION – here the delivery of the decision is brief – this is not unusual and such decisions are often followed in writing by moiré detailed written reasons

UNFAIR DISMISSAL / CONTRIBUTORY FAULT – dismissal was procedurally unfair, particularly in light of the respondent's size and administrative resources (a relevant factor)

however, the claimant's own blameworthy conduct contributed to her dismissal to such an extent that the tribunal decided her compensation should be reduced by a figure of 100%

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Employment Tribunal Representation

Croner offers an expert, good-value employment tribunal representation service, to support companies large and small.

We win over 85% of the cases we take to tribunal: our expert consultants will prepare the case and also represent you in court, but also cover everything else:

gather witness statements (and train you to be a witness if required)
evaluate the merits or otherwise of an appeal
review the case for you once it's over, to identify any changes and improvements that need immediate implementation to protect your internal resources and your brand.

Other litigation-related services include Witness Familiarisation Training and the drafting of Compromise Agreements.

What our clients say

"A great result for all of us and testament to doing things properly and keeping good records. I would like you to thank the team at Croner who helped us with the many complexities of this case."

John Spence, HR Director & Business Safety Champion, Imperial Commercials Ltd

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