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EPR law for entrepreneurs

ACAS Early Conciliation - Claimant

Before a claimant can bring a claim in the Employment Tribunal they must contact Acas first and go through the early conciliation process. More details about early conciliation can be found here ACAS

Employment law and Workplace Advisory

The Claim Form

After the Claimant has decided to make a claim they will have to complete the ET1 Claim Form. The form must be submitted to the Employment Tribunal within three months of the complaint or termination of their contract of employment. The form can be downloaded or completed online. A link to the claim form can be found here. ET1

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The Response

The respondent must present a response to the Employment Tribunal within 28 days of the date on which the Tribunal sent out the ET1 Claim Form. The respondent must file the defence on Form ET3. A copy of the ET3 can be found here.

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The Assessment of Merits

Following the submission of the ET3 by the respondent an employment judge will review the particulars of the claim and the grounds of resistance and make a decision as to what happens next.

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Prelininary Case Management Hearing

This is an opportunity for an Employment Judge to understand the issues to be decided and to set a timetable by which certain events must take place for example the exchange of documents and witness statements

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Clarification of Claim and Defence

Sometimes either one of the parties involved in the matter will seek clarification or further information from the other side. 

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Schedule of Loss and Counter Schedule

The ET will ask the Claimant to set out the remedy he or she is seeking as well as the compensation they are seeking

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Settlement

Either side can propose settlement terms. This may be done through ACAS or Judicial Mediation

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Disclosure

All documents relevant to the issues in the dispute must be disclosed by the parties, including those that do not support their own case or adversely affect it.

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Preparation of the Hearing Bundle

The hearing bundle is usually compiled by the respondent and contains all of the documents that the parties agree are relevant to the case.

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Preparation of witness statements

Witnesses are required to provide a detailed description of the events in which the took part or which the observed first hand. The statements must be in their own words and be a true and honest reflection of what took place.

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Exchange

The exchange of witness statements usually takes place simultaneously by email. Other methods are available.

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Preparation of the chronology and cast list

Witnesses are required to provide a detailed description of the events in which the took part or which the observed first hand. The statements must be in their own words and be a true and honest reflection of what took place.

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Preparation for the hearing

We arrange a conference call with the witnesses and counsel. We provide detailed notes of what to expect on the day of the hearing .

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The Hearing and CVP

The hearing is led by the judge and is when each side cross-examines the other sides witnesses

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Remedy Hearing

We arrange a conference call with the witnesses and counsel. We provide detailed notes of what to expect on the day of the hearing .

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Judgement, appeal and de-brief

At the end of the final hearing, the ET will issue a decision in the form of a judgment together with information about how to appeal. 

We provide our clients with a full debrief after the event. 

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