ARM Consulting Mock Tribunal

On Wednesday 30th May, we held our first mock tribunal as part of an on-going training programme for HR professionals. The session was inspired by demand highlighted in the HR forum where issues of employment law and concerns about legal proceedings arose frequently.

Our aim was not just to educate on the legalities of a tribunal process, but to go beyond what could be read in a training manual or publication article on the topic and plunge the delegates into the surroundings of a tribunal. This was achieved by working with barrister Marc Long, a Partner and Head of Employment Law at Clarke Willmott LLP to devise a mock tribunal which not only took the facts and circumstances from a real-life case, but also replicated the tension of a tribunal and demonstrated the severity of the action and its possible implications. Staff from ARM Consulting took roles as claimant and respondent and Clarke Willmott LLP staff as advocates, as a highly emotive case was played out before the 40 delegates who attended at the event.

Legal protocol was adhered to throughout the process to give a strong sense of the opportunities and limitations of the tribunal proceeding, and to maintain the tense atmosphere. The aggressive nature of the cross-examination and the brusque manner of the judge were acted out to replicate the high stakes of the situation and the importance of preparation. However, regular breaks allowed all the delegates to cross examine the witnesses - both claimant and respondent - and the actors replied in character and using the information they had prepared to play their roles.

Following very thorough examination and cross examination, barrister Marc Long broke from his role as the judge of the case to provide a legal précis of the situation for the delegates and, promoting an objective viewpoint, asked the delegates to vote on whether they favoured the claimant or the respondent. In reality, the verdict had hung on a knife edge and had been turned largely on the quality of the testimonial. The case highlighted clearly the value of proper documentation and preparation for cases of this nature.

The event also highlighted the severity of a tribunal – external legal costs could exceed £10,000 in the average case and if the employer loses a case, up to a year’s salary could be awarded as compensation; all this before the time cost of numerous members of senior staff was taken into account and the very real emotional toll that such a situation can exact on all participants.

At ARM Consulting, we believe training is always an iterative process; the aim was to educate and support HR and senior managerial staff by increasing their understanding of the topic. We take a bespoke approach to training and the session itself raised further concerns from delegates - we will be working with them on the appropriate on-going training that alleviate those concerns.

Following the success of the event, we’ve already had requests to run the session again – in these straitened economic times, legal proceedings are on the rise and employers are keen to make sure that they are not just treating employees fairly, but that by attending a mock tribunal, they should gain the understanding to never have to attend such an event for real.

Wendy Freeman
Team Leader

ARM Consulting Division

Email:  wendy.freeman@armconsult.co.uk
Tel:  02392 415291

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