Listening 10. An employment tribunal claim

The following telephone conversation is between a lawyer (Jane) and a client (Gwen), who is an employer defending a claim filed with the employment tribunal. They discuss the preparations for a pre-hearing assessment.

Gwen: Hi, Jane, this is Gwen Hill here from Ludco Ltd. I'm just about to go into a managers' meeting and I need to let everyone know what's going on in the Myers case.

Jane: Hello there, yeah, yeah, I've had a quick look at the documents that we've got so far, and I can say that she does have the right to claim unfair dismissal. Of course, that doesn't mean she's necessarily going to win the case.

Gwen: I understand.

Jane: Now, we have to follow the prescribed procedure in order to defend it. I'd imagine that if it goes to trial - and I certainly hope it doesn’t -then it'll be disposed of within, say, six to 12 months. But as I said, we have to follow the prescribed procedure.

Gwen: OK, so what is the prescribed procedure?

Jane: Well, we've already carried out the first step - I sent you a draft entry of appearance with your answers to the claim. As I understand it, Ms Myers was dismissed for stealing. Could you review what we've written about the reasons for dismissal and let me know if it's correct?

Gwen: Yes, I've read the draft and I just need to make a few minor changes. I can send you an email after my meeting. What's the next step?

Jane: The next step would be to make an application for a pre­hearing assessment. You use that when you feel that the claim has very little prospect of success, which is the case here. She was actually caught stealing documents, wasn't she, or rather taking them from the building? So of course our defence is extremely strong.

Gwen: So what do we need to do?

Jane: There are still a few things that we need to look at. The first thing is the confidentiality aspect since there was a breach of the employee's duty of confidentiality and loyalty to the company, we need to explain what happened, exactly what she did. Who saw her taking documents out of the building? Were the documents in a briefcase? Were they photocopies? All the details really. We need to get everything watertight, as they say. Could you supply me all those details?

Gwen: Sure. I'll write it all up for you. What happens after that?

Jane: Well, we can make a written submission and ask the employment tribunal to actually dispose of the claim purely on the basis of the written submission. They'll decide whether to dispose of the claim or to support it at the pre­hearing assessment. I'm pretty sure they'll grant us a pre­hearing assessment, and then it's up to us to convince them at the pre-hearing that the claim does not merit a full hearing. Considering the facts, I'd actually recommend that there'd be some form of written presentation first, because firstly it costs less, and secondly you're not dragged out of the office, which of course would also incur costs. Actually, it'd cost the company less, because I don't have to leave here and appear in court for the pre-hearing.

Gwen: OK. Costs aren't really an issue for us. The issue for us is winning and getting this out of the way. Are you sure that doing this in writing is the best way to approach the problem?

Jane: On the basis of everything that I've read so far, I can see nothing whatsoever to be gained by anyone actually allowing this to go to the full hearing. The defence is so strong. Although she does have the right to claim for wrongful dismissal, her conduct as an employee in removing confidential information from the building is clearly a breach of her employment duties. These are contracts of good faith between employer and employee. Of the utmost good faith. She really doesn't have... well, let's put it this way, she doesn't have a legal leg to stand on, I don't think, at the end of the day.

Gwen: OK, very good, Jane. Thank you for your help and, as I said, I'll send you an email with the revised entry of appearance form, as well as all the details of the theft right after my meeting. Talk to you later.

Jane: OK, thanks. Bye.

Дата добавления: 2015-01-03