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Legal Heavyweights Host Mock Tribunal (2 Feb 2010)

Unfair dismissal, disciplinary allegations, discrimination and other employment-related problems can often lead to employees and employers facing the prospect of having their dispute heard by a tribunal, but how many of us have any idea of what this truly entails?Aberdeen’s leading commercial law firm, Paull & Williamsons, provides an informative and fascinating insight when it presents a mock employment tribunal on 9 March, at Woodhill House.

Aimed primarily at line managers and HR professionals, the event is a realistic employment tribunal complete with a judge and panel, witnesses and cross examinations from David Burnside and his Paull & Williamsons colleague Sean Saluja. Both are accredited by the Law Society as employment law specialists and will be pitting their wits against each other as they try to win their case. The mock tribunal is likely to produce some entertaining legal debate as they cross swords in the chamber.

David Burnside, is one of Aberdeen’s most eminent and experienced lawyers and has been a leading figure in employment law in Scotland for more than 35 years.

He said: `Tribunals can be extremely time consuming for senior managers and HR professionals. If a case does end up at tribunal, there are potentially significant financial awards and legal fees, together with disruption to management time`.

Newspapers regularly carry reports of considerable awards to individuals who have taken their former employers to tribunals. Six, or even seven figure payouts are not unheard of. For all involved it can be a stressful experience. Employers will often wish to reduce the amount of time, money and possible negative publicity that accompanies cases.

For an individual who feels they have a case, recourse via the tribunal system is not something to be undertaken lightly even if they are ultimately successful. Any award made by the tribunal may not cover the cost of bringing the case in the first place.

David said: `Being involved in an employment tribunal can be a daunting prospect. With employment litigation on the rise, it is helpful for HR practitioners and employers to know what to expect. The mock tribunal provides the opportunity to observe how a tribunal is conducted in practice and a chance to gain a better understanding of the process.

Employees have many more opportunities to pursue a case thanks to legislation that protects workers on grounds of age, race, sex, disability and sexual orientation or religious belief. Most cases are still brought on the grounds of unfair dismissal but often this can be compounded by a discrimination element and this can lead to the potentially large payouts`.

David’s key piece of advice to all parties is `prevention is better than cure`. Obtaining expert advice at the earliest stage in a disciplinary or grievance process can save considerable time, money and stress in the long run. `Tribunals can be bad for your health and your wealth`,said David.

Experienced tribunal judge Nicol Hosie will be joined by expert lay-members who have business and trade union backgrounds respectively. It all adds to the authenticity of the event. Mr Hosie will have no prior knowledge of the scenario and will listen to the facts as presented on the day.

David will also provide an examination of the strengths and weaknesses of the case from each party’s perspective and discussion about the ways in which businesses may approach a situation where a dispute with an employee has reached tribunal stage.The Paull & Williamsons Mock Employment Tribunal takes place on March 9, 2010 in the council chamber at Woodhill House in Aberdeen. There are still limited places available. For more information email DShand@paull-williamsons.co.uk.

 

 

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