Replay - Ten Top Tips for Case Management Hearings (with Michael Salter)
Sep 4, 2024
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Michael Salter, a representative from 42 Bedford Row, shares his insights on mastering case management hearings in employment tribunals. They discuss how to prepare effectively, emphasizing the importance of following Asimov's principles for clarity and communication. Salter highlights the significance of witness credibility and efficient time management, revealing strategies to streamline preparation. Listeners learn about the advantages of organized documentation and adapting submission formats to improve judicial efficiency.
Thorough preparation is essential for representatives in case management hearings to accurately assess claims and enhance credibility.
Understanding the context and pressures faced by employment judges allows representatives to tailor their submissions for improved efficiency and effectiveness.
Deep dives
Understanding Case Management Hearings
Case management hearings in employment tribunals serve to identify the core issues of claims and set a clear timetable for proceedings. The importance of these hearings is often overlooked by representatives who may view them merely as procedural steps to get through. A clear understanding of what a case management hearing entails—determining what needs to be decided and ensuring that all parties are on the same page—is crucial for effective advocacy. By actively participating in these hearings, both representatives and judges can enhance the efficiency and effectiveness of the overall proceedings.
Importance of Preparation
Thorough preparation is emphasized as a fundamental principle for representatives before attending a case management hearing. By breaking down the issues into their component parts, representatives can accurately assess the merits of the case and avoid overlooking critical aspects of the claims. Effective preparation not only helps identify potential weaknesses but also ensures that all necessary documentation and pertinent information are readily available during the hearing. The emphasis on being well-prepared enables representatives to bolster their credibility and assist the judge in efficiently managing the hearing.
The Role of Context in Hearings
Recognizing the context and pressures that employment judges face during case management hearings is vital for representatives. Unlike in higher courts, judges in employment tribunals often juggle multiple hearings and cases throughout the day, which may impact their focus and efficiency. Understanding this context allows representatives to tailor their approach, making their submissions clear and concise to aid the judge in managing their workload effectively. This empathetic engagement with the judge’s position can greatly enhance the overall effectiveness and outcome of the representation.
Navigating Unknowns and Unknown Knowns
Being aware of the unknowns in a case is highlighted as a crucial component of effective case management. Representatives should proactively gather all relevant information, including their client's positions on mediation and any potential dates to avoid. Additionally, ensuring that all witnesses are accounted for and that their roles and testimonies are clearly understood is essential for managing expectations during the hearing. By addressing these unknowns before the hearing, representatives can strengthen their case and prevent unnecessary complications during the tribunal process.
♨️ IMPORTANT INFORMATION: This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.