Example Employment Tribunal hearing videos published

The Employment Tribunal Service has published two online videos which aim to provide insight into the Employment Tribunal process from both an employee’s and an employer’s perspective. The five-minute videos are both based on a hypothetical constructive dismissal case.

Innes Clark, Partner and Head of Employment Law at Morton Fraser LLP, said the videos were worth a look for employers, but added:

“The scenario in the video perhaps gives the impression that the hearings are fairly brief. This is not the case though and, as the commentary recognises, Tribunal hearings can last for several days and even several weeks depending on the complexity of the situation.

“I also noticed that in the video only a very small number of documents are handed over by the Claimant and the Respondent. In most Tribunal claims a significant amount of documentation will be lodged and, from an employer's perspective, this highlights the importance of keeping an appropriate paper trail when dealing with employment matters.”

He adds that the process is slightly different for Scottish employers in that witness statements are not used. Instead, in Scotland, witnesses are asked questions by the solicitor representing the party that has called the witness and the witness answers based on their recollection of events and with reference to any documents lodged. They are then cross-examined in the same way as set out in the video.

At Workplace Law's forthcoming Annual FM Conference and Dinner, we will be showing a specially made film on the Employment Tribunal process, with contributions from Jayn Bond, Workplace Law's Head of HR and a lay member of an Employment Tribunal. Including excerpts from Workplace Law's own Mock Employment Tribunal courses, this film will provide a valuable insight into the Tribunal process, and how best to prepare. Click here for more details.