Employment Law Training – Case Management Discussions

I found this article relating to Employment Law which I thought may be of interest. So here it is for you

It’s no secret that employment tribunal claims are time consuming and expensive for all involved. In order to promote more efficient handling of cases, case management discussions (CMD) were introduced in the Tribunal Rules 2004. CMDs are a form of pre-trial hearing and are often used in discrimination cases. Sometimes a tribunal judge will arrange a CMD, but either party can apply for a CMD to take place.

Unlike full hearings which are public, CMDs are held in private and chaired by a legally qualified employment judge sitting alone. Full cases are usually heard by a panel of three people, made up of an employment judge, and two ‘lay’ members who are people who have experience dealing with employment problems from the point of view of employers or employees.

At CMDs, which may be conducted face-to-face, by phone or video link, parties are brought together to address matters of procedure and management of the case. They can be helpful in making sure that cases are properly prepared before the final hearing.  The Judge may cover a number of agenda items including:

What are the complaints or jurisdictions raised in the claim?
Has a statutory questionnaire been served and/or replied to (discrimination cases only)?
If successful, what does the claimant seek by way of remedy?
What are the issues or questions for the Tribunal to decide?
Are there any issues under the Human Rights Act or EU Law?

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Timeframes are set for the case and the issues to be dealt with at a substantive hearing are identified. The Judge is empowered to give orders on any matters arising in connection with the proceedings as appear to him or her to be appropriate. For example, orders may be issued regarding the provision of additional information or witness statements. At the CMD the Judge will normally decide how many days a case will be scheduled for. It is always advisable to ensure that you have your diary to hand and know in advance the availability of any witnesses.

Nearly 80% of tribunal cases are settled or withdrawn before reaching trial, you need to know what you’re doing in the critical weeks between the arrival of the ET1 and the trial date. You’ll find our Employment Tribunal (ET1 to tribunal) workshop invaluable for getting the best solution. Our next workshop is on 13th October 2011.

Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at www.russellhrconsulting.co.uk or call a member of the team on 0845 644 8955.

Russell HR Consulting offers HR services to businesses nationwide, including Buckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury, Northampton, Towcester and surrounding areas), Nottinghamshire (covering Chesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas) and Hampshire (covering Aldershot, Basingstoke, Reading, Farnborough, Fareham, Portsmouth, Southampton and surrounding areas).

Kate Russell started Russell HR Consulting in 1998 and now divides her time between advising businesses of all sizes on HR issues, and delivering a range of highly practical employment law awareness training to line managers, including a range of public workshops. Her unique combination of legal background, direct line management experience and HR skills, enables Kate to present the stringent requirements of the law balanced against the realities of working life. She is a senior presenter for several companies and a popular public speaker. Kate completed an MA in strategic human resource management in 2004.
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