2.3 Tactics for employment tribunal proceedings

There are a number of tactics in terms of a case which has been issued in the Employment Tribunal for an employer to be aware of during the Employment Tribunal process.  It is open to an Employment Tribunal at any stage to either strike out a case made by an individual or hold a Preliminary Hearing to determine whether that case has a prospect of success at a full Tribunal.

These tactics are very useful in terms of a Company avoiding a full hearing to determine the merits of an individual’s case.  There are specific points in the Employment Tribunal process where a Company can apply for either a Strike Out Application or a Preliminary Hearing and professional representatives are able to determine when these tactics should and can be used. This is an important consideration as it could avoid the costs of a full hearing and or cause an individual difficulty prior to a full hearing. 

Various applications can also be made prior to an employment tribunal hearing. These include:

• An application for further and better particulars of a claim
• An application for specific disclosure of particular documents or evidence
• A witness order to compel an individual to attend a hearing

If time limits to adhere to particular directions are not met by the Client, an application can be made to allow a strike out of the claim. Applications can also be made for legal costs to be paid by the other party.