To sue or not to sue

• The biggest worry for most employees bringing claims in the employment tribunal is the prospect of being cross-examined. When you come to give evidence, the other side’s barrister and the panel will almost certainly give you a grilling. You should be prepared for this and it goes without saying that it will not be particularly pleasant. (I’ve seen chief executives reduced to stuttering wrecks in the witness box). However, if you take your time, keep calm, do not lose your temper, and be as honest as possible, you will be fine. If you do not know or can’t remember the answer to a question you should simply say you don’t know. This is much better than making an answer up (which is always tempting) – a barrister will soon spot and capitalise upon any weaknesses in your evidence. It is also easy to take the barrister’s line of questioning personally and convince yourself that the panel is against you. Try to remember that the barrister is simply doing his/her job and does not in fact think you are the lying/dishonest layabout that they might be trying to portray. In addition, you should not read too much into the panel’s behaviour as they will often rule in favour of a party to whom they have seemingly given a hard time.

Compensation

If the panel gives its decision on the day and rules in your favour, you should be ready to discuss your possible remedies. More information about the kinds of compensation you can expect can be found at iVillage Work Rights. If the tribunal reserves its decision these issues will be discussed at a separate remedies hearing, unless the parties are able to agree a suitable solution (in light of the decision) via ACAS.

Next page: What does it cost?