I regularly present cases at tribunals and have on occasions been a witness. I have not found any bias against me and have not lost any cases that I have presented – including unfair dismissal and discrimination cases.
I ensure that my role as the employer’s representative is separate from any evidence I need to give as a witness.
I find that close knowledge of the cases that I present – together with my knowledge of the witnesses and claimant – can actually make it easier than relying on a legal representative presenting a case.
Legally trained representatives rarely know the full story and therefore ‘try it on’ as if they were in court – a tactic that is easily rebutted if you know the case warts and all.
I agree that it is our responsibility as HR professionals to create employment practices that keep us out of tribunals, but that doesn’t always prevent employment tribunals.
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It is then our responsibility to ensure that our employer is represented in the most effective way.
Martin Rosner
Director of collegiate services, Ealing, Hammersmith and West London College