How to Win an Employment Tribunal


How do you win an employment tribunal? Top of the list is don’t antagonise the Judge. Don’t get on
the wrong side of him or her. It doesn’t work, and you’re almost guaranteed to
lose. There are so many things that can antagonise a Judge, here’s a few: Firstly not focusing on the case, which may sound like an odd thing to say, but
that really means – know your case, know what the core elements of it are,
and stick to those core elements. Don’t challenge things that don’t need to be
challenged. In reality, so much is said during an Employment Tribunal that you
may disagree with, but you have to let some things go. There are tips for
witnesses, for how we kind of deal with questioning. Top of the list is – don’t
question the questioner. It’s so easy for the lawyer to make you feel awkward by
telling you not to question the question. Don’t overstate your case. If you’ve got
good points to make, make them forcefully. Yes of course take the
opportunity to reinforce them when you can, but don’t over-egg the pudding. Judges don’t like it. Concede the obvious points. If there’s
something which you’re not going to convince a tribunal of, or doesn’t make
any sense, concede it. It’s better that way.

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