Employer Self-Representation at Employment Tribunal

[Instabus]

Hi All.

So a former employee is taking me to a tribunal after I made him redundant.
I want to self-represent as I can't afford to pay for a solicitor or other professional representation.
Does anyone have any experience of doing this?

Thanks.

 

[KAC]

Hopefully @Newchodge may be able to advise you

 

[Instabus]

Hopefully @Newchodge may be able to advise you

Hope so!

 

[Newchodge]

I can advise you on how to repsond to the ET1 and what you need to do, but I couldn't do that on an open forum, and I would have to charge as there would be a reasonable amount of work involved.

 

[MBE2017]

This might be a case where saving the cost of being represented costs you more than doing so.

 

[Instabus]

I can advise you on how to repsond to the ET1 and what you need to do, but I couldn't do that on an open forum, and I would have to charge as there would be a reasonable amount of work involved.

So I've already responded to the ET1 and the hearing is scheduled for 24th of Feb.
I had requested a postponement because they sent all of the documents to an address that I don't use and only collected mail from there after my deadline to respond had passed - by 3 months. It wasn't the company's registered office, it was just a temporary unit I rented which is where the employee came to work. They have accepted my delayed response but as yet haven't agreed to any postponement.

I think I'm just looking for some general advice on self-representation.
If anyone else has done so and wants to share their experience, or if you could maybe advise on how to prepare and present my evidence.

The case against me is farcical.
I've done everything by the book and paid the correct redundancy amount plus any outstanding annual leave and pay.

He is claiming for unfair dismissal because he believes I am still trading in that business but I'm not and can easily prove this. I've also moved from Scotland to England.

I'm tempted to close this limited company and start a new one. Would that result in no award being made, or if they award in his favour, would that mean I wouldn't be liable?

 

[Instabus]

This might be a case where saving the cost of being represented costs you more than doing so.

I'll take my chances as his case is ridiculous.
Do you happen to know if they still find in his favour, will there be legal costs I will need to pay in addition to any award?

 

[Newchodge]

There won't be any legal costs.

Prepare a bundle containing every relevant document, in chronological order, page numbered and indexed.

Prepare a full witness statement containing every single thing you want the tribunal to know - do not assume that they will know anything whatsoever, including when and as what the employee was employed. Tell them EVERYTHING.

In the witness statement refer to the documents that support everything you say. X was employed on a contract of employment which can be seen in the bundle at pages 7 to 12, for example.

Sign and date the witness statement and take enough copies of the statement and documents for you, the other side, the tribunal and the witness stand. At least 4 copies, preferably 6 if it is to be a 3 person hearing. Take a spare in case of accidents.

 

[Instabus]

There won't be any legal costs.

Prepare a bundle containing every relevant document, in chronological order, page numbered and indexed.

Prepare a full witness statement containing every single thing you want the tribunal to know - do not assume that they will know anything whatsoever, including when and as what the employee was employed. Tell them EVERYTHING.

In the witness statement refer to the documents that support everything you say. X was employed on a contract of employment which can be seen in the bundle at pages 7 to 12, for example.

Sign and date the witness statement and take enough copies of the statement and documents for you, the other side, the tribunal and the witness stand. At least 4 copies, preferably 6 if it is to be a 3 person hearing. Take a spare in case of accidents.

Thank you Newchodge.
As I also mentioned previously, I'm tempted to just dissolve this company and start a new one as I'm now doing something else anyway. And I've moved from Scotland to England and it's not possible to move my company to a different jurisdiction.
Would this mean any tribunal award would be null and void?

 

[Newchodge]

Also, Paragraph and page number the witness statement.

 

[Newchodge]

Thank you Newchodge.
As I also mentioned previously, I'm tempted to just dissolve this company and start a new one as I'm now doing something else anyway. And I've moved from Scotland to England and it's not possible to move my company to a different jurisdiction.
Would this mean any tribunal award would be null and void?

I'm not sure how the law in Scotland works. In England if there were a tribunal award and the company were dissolved, the claimant would be a creditor and would get preferential treatment for wages and holiday owed and for redundancy payment, not for unfair dismissal compensation.

 

[Instabus]

I'm not sure how the law in Scotland works. In England if there were a tribunal award and the company were dissolved, the claimant would be a creditor and would get preferential treatment for wages and holiday owed and for redundancy payment, not for unfair dismissal compensation.

Thanks again, this has been helpful.
I've asked for an update from them with regards to my request for a postponement of the case. If that is accepted then I will fast track the dissolution of my company and hopefully save myself even having to attend this farcical process. The guy's been paid everything he is owed and is just trying to squeeze every drop out of me.

 

[eteb3]

In England if there were a tribunal award and the company were dissolved, the claimant would be a creditor

@Newchodge for my edification, is it material whether dissolution occurs before or after judgment?

i.e., can the court give judgment against a dissolved company (which presumably can't appear before the court bc it's 'dead')? Thanks.

 

[Mr D]

Thanks again, this has been helpful.
I've asked for an update from them with regards to my request for a postponement of the case. If that is accepted then I will fast track the dissolution of my company and hopefully save myself even having to attend this farcical process. The guy's been paid everything he is owed and is just trying to squeeze every drop out of me.

Fast track dissolution?

Presuming no one objects and therefore stalls it?

 

[Newchodge]

@Newchodge for my edification, is it material whether dissolution occurs before or after judgment?

i.e., can the court give judgment against a dissolved company (which presumably can't appear before the court bc it's 'dead')? Thanks.

I believe it can