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Do not record tribunal proceedings 2 Jul 2013 | 09:58 pm

Apparently people are doing this (particularly telephone CMDs). You really must not. It’s illegal. s9 of the Contempt of Court Act 1981 make recording court proceedings — which includes tribunal hear...

‘I reserve the right…’ 25 Jun 2013 | 05:53 pm

Lawyers often claim on behalf of their clients to be ‘reserving the right’ to do something. The Respondent reserves its right to amend its ET3 on provision of further particulars… The Claimant reser...

Errors of law – a bestiary 24 Jun 2013 | 07:12 pm

If you want to appeal an employment tribunal’s decision to the Employment Appeal Tribunal, you need to identify one or more errors of law in the first instance decision. If the tribunal misunderstood ...

News from the EAT 21 Jun 2013 | 07:52 pm

The President of the Employment Appeal Tribunal has asked members of the EAT User Group to relay his comments on a couple of matters. The following is my summary of his remarks, followed by my own vie...

More good advice from a philosopher 19 Jun 2013 | 09:20 pm

When you’re reading or skimming argumentative essays… here is a quick trick that may save you much time and effort, especially in this age of simple searching by computer: look for “surely” in the doc...

Rapoport’s Rules for lawyers 18 Jun 2013 | 07:05 pm

I encountered these via Daniel Dennett‘s Intuition Pumps and Other Tools for Thinking (which I separately recommend for anyone with an amateur interest in philosophy). Rapoport’s Rules for writing a ...

Don’t make the reader clamber over a pile of scaffolding 13 Jun 2013 | 09:21 pm

1.  In this skeleton argument, references to pages of the core bundle will be in square brackets, in bold print, with the prefix “core.” References to numbered pages of the supplementary bundle will b...

Feeling sick 4 Jun 2013 | 05:18 pm

Disciplinary proceedings at work are stressful. If you’re facing disciplinary proceedings, it can be tempting to go to your GP and get signed off work. Unless you really are too ill to go to work, th...

Don’t run with scissors 30 May 2013 | 07:45 pm

Some issues are potentially dangerous to both sides. For example, if you say that the other side has fabricated a key email, and the tribunal is convinced they have, you have secured a major advantag...

Final offers (and potatoes) 3 May 2013 | 05:01 pm

If you’re trying to settle your ET case, your former employer (or their lawyers) may say something like ‘This is our final offer.’ This may be true. Just possibly. But don’t take it at face value. Mo...

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