The following Employment practice note provides comprehensive and up to date legal information covering:
In most cases, the tribunal will give directions to the parties about the preparatory steps required before the final hearing. This may be done at a preliminary hearing or in writing without a hearing (see Practice Note: Employment tribunal case management).
For further information on the sort of directions likely to be made generally, see Preliminary hearings in the employment tribunal—Preliminary hearings relating only to general case management orders.
It is usual for the tribunal to give directions as to the preparation and exchange of witness statements. A number of copies of each statement will be required at the final hearing. For further information, see Witnesses—employment tribunals—Preparation and exchange of witness statements.
Parties are entitled to present written representations to the tribunal. Sometimes they may choose to do this as well as attending a hearing, on other occasions they may seek to rely solely on written representations instead of attending.
For further information on practice and procedure with regard to the preparation of
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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