Winning an Employment Tribunal Case

Having just won a 5 day disability discrimination and unfair dismissal case which we picked up 3 days before the hearing and in the face of a costs warning from the respondent’s solici60 we thought it worth-while sharing some lessons on winning at the Employment Tribunal.

Our client had suffered with a long term health condition which meant she could not safely attend work but she argued that she should be allowed to work from home as a reasonable adjustment. The employer had dismissed her after deciding the job could only be done at the workplace and they had failed to find her an alternative (home based) job during a 3 month redeployment period. The respondent’s solicitor understandably invited the claimant to withdraw her claim on the basis that it was accepted that she could not work on site and no jobs had emerged during redeployment. So a hopeless case? Not quite. In preparing the case for hearing (which entails reviewing every document in the bundle) we noted that the dismissal letter failed to advise of a right of appeal and another letter from the employer had promised that the redeployment period could be extended if need be. We were able to draw these issues out during cross examination of the dismissing manager and the client won her claims. She now awaits a remedy hearing. What lessons emerge from this case?

Review the list of issues

The tribunal will make its decisions based on the list of issues agreed at a prior Case Management Discussion so it is sensible to review them and ensure they have been addressed in your evidence. The fairness of the dismissal and requested extension to redeployment were among the list of issues in this case so we were alive to them in reviewing the bundle.

Pay attention to the detail

Only by careful scrutiny of each document in the bundle did we uncover flaws in the respondent’s case which led to victory for the claimant. It is easy to be intimidated by the respondent’s solicitor demanding that the claimant withdraws their claim(s) and threatening a costs warning. They may or may not have a valid argument but the documents need to be carefully reviewed to see if there are any points in the claimant’s favour which could either facilitate settlement or even lead to a successful claim at the tribunal hearing.

Gather the relevant evidence- even late evidence

Tribunals are evidence led. As such their decisions are usually based on the evidence in the bundle as well as witness evidence (although where witness evidence conflicts the tribunal will need to decide who to believe). By the time of any hearing the tribunal would have (and had in this case) issued directions for the disclosure of evidence. However the tribunal retains a discretion to admit late evidence and will usually do so if it is relevant to the issues and will also consider whether the other side objects to the late evidence being admitted. In reviewing the bundle we identified references to relevant documents not in the bundle which were of assistance to our case and we were able to have them admitted during the hearing. The additional evidence helped the claimant’s case.

So if you are a claimant facing a tribunal hearing (and you may or may not have a costs warning against you) don’t panic. All may not be lost and it is worth getting an objective assessment of your case to  see if a favourable settlement can be achieved or even if it is worth fighting the case. Of course your adviser might agree with the respondent solicitor that your case is weak but at least you would come to that conclusion based on a professional unbiased assessment of your case and not based on fear and intimidation from a respondent’s solicitor. It is also our ex

experience that even a weak claim can be settled if it is even t7o save the respondent incurring the substantial legal costs of defending the claim.

If you are in receipt of a sanction from Companies House for failing to comply with your legal obligations as an overseas entity, please call us today on 020 8858 5996 or email Winston Brown at: Winston.brown@brownandcosolicitors.co.uk and we would be happy to assist.

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