By Alan Payne and John-Paul Waite

Review: Jane Liddington, Hextalls. New Law Journal, 14 April 2006

The overriding objective which governs the way in which employment tribunals deal with claims provides that as far as is practicable the tribunal should ensure that parties are on an equal footing, that cases are dealt with in a way proportionate to the issues and without undue expense and that all claims are disposed of fairly and expeditiously. The parties are required to assist the tribunal in this objective. Unfortunately, parties frequently fail to do so and often that is because they are ignorant of tribunal practices and procedures. This admirable book goes a long way towards clarifying those practices and procedures and should be required reading for anyone about to embark on tribunal proceedings whether as claimant or defendant.

It provides a comprehensive, user-friendly guide to employment tribunal procedure. Although an unfortunate misprint reoccurring in the introduction and first chapter refers to the 2001 regulations, the guide is, in fact, to the 2004 procedures and doubtless any future editions will remedy that mistake.

While it may be overly optimistic to expect parties in person to consult this handbook, it should be part of every representative’s library whether he is a Citizens Advice Bureau or trade union adviser, human resources specialist, solicitor, barrister or other professional representative. Even the most experienced representative will find this guide extremely helpful in clarifying some of the murkier waters of the new regulations.

The chapters cover every aspect of the employment tribunal process from dealing with pre-claim correspondence to drafting and lodging the pleadings, co-operating in the case management process, dealing with such interlocutory matters as pre-hearing reviews, applications and orders as well as, crucially, preparing for the hearing itself. Costs, remedies, judgments, reviews and appeals are also clearly explained. Each chapter also has a summary of practical points and examples as well as dos and don’ts.

Highly recommended.

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