Trowers & Hamlins

According to Trowers & Hamlins and Acas, the number of employment claims being launched against businesses by their employees is on the increase – up 15% in 2006/7 to 132,000 claims. Of these, around 13% were launched in the North West alone.

At the one-day event, managers, HR professionals and employee representatives will have the opportunity to take part in an interactive role play based on a real-life case.  They will be able to assess the evidence, cross-examine witnesses and reach a decision, which will then be tested in a mock tribunal, where an experienced Employment Judge will preside.

“Incredibly, we are still seeing some shocking cases where an employer is clearly in the wrong, such as the sales executive who has just won her sex discrimination claim after being told she would be “useless” after she became pregnant.”

“Of course most cases are far less clear cut. But with more and more staff taking complaints about their employers to the Employment Tribunal, rightly or wrongly any business could potentially be affected - whether or not the claim is really justified.”

“Managers and human resources personnel need to be equipped to deal with such a situation should it ever arise. Appearing as a witness in tribunal proceedings and justifying the decision-making process can be a daunting prospect for any manager, even if they are confident they have reached the right decision. For many, this may be their first experience of being in a courtroom setting. So it is essential that they are prepared.”

The workshop will cover:
• How tribunal claims are lodged and processed
• The role of Acas in mediation and conciliation
• How tribunals assess evidence
• The importance of case preparation
• How to deal with cross examination
• Gaining an insight into the Employment Judge’s perspective

The mock tribunal event will take place on 21 February from 9am to 4.30pm at Bridgewater Hall, Manchester. The cost is £275 per delegate, excluding VAT. For further information or to book, contact Acas on 0161 833 8510/8520 or email manchesterevents@acas.org.uk.

Further seminars in Manchester and Liverpool to help employers investigate claims correctly

Trowers & Hamlins and Acas are also running further workshops in Manchester and Liverpool looking at the common pitfalls when companies are conducting investigations into claims by employees, for example for unfair dismissal, discrimination or breach of contract, and offering practical solutions.

They will take delegates through an investigation process based on an interactive case study in which they will have to gather and assess evidence, present their findings, arrive at an outcome and manage the fall-out.

“While the idea that a claim could be made by a member of staff is not a pleasant one, it is in companies’ own best interests to be prepared. Conducting a fair and proper investigation is the cornerstone of a finding of fair dismissal and minimising the risk and the cost of claims by employees.”

“That said, conducting such investigations can be fraught with difficulties. The issues involved can be very complicated and those investigating often need the skills of a private investigator, a lawyer, an employment judge – even a medical expert - all rolled into one. That’s not an easy thing to ask.”

The events will cover:
• Understanding the principles of a fair hearing and natural justice
• Understanding and assessing relevant and irrelevant evidence
• Understanding the standard of proof required
• How to deal with unexpected problems during the investigation process
• Dealing with reluctant witnesses
• Understanding and applying the standards of employment judges

The Manchester event will be held on 22 January at Acas’ offices at Commercial Union House, 2-10 Albert Square, Manchester M60 8AD from 9am to 4.30 pm.

The Liverpool event will be held on 18 March at Acas’ offices at Pavilion 1, The Matchworks, Speke Road, Speke, Liverpool L19 2PH from 9am to 4.30 pm. Each event costs £215 per delegate excluding VAT.

“All these workshops are intended to help anyone with management responsibility or who is likely to be involved in dealing with disciplinary issues to understand the practice and procedure, in a practical and informative setting,”.