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Bedfordshire Group Mock Employment Tribunal; CIPD B&MK

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Gateway Building, Polhill Campus

University of Bedfordshire

Polhill Avenue

Bedford

MK41 9EA

United Kingdom

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Welcome to the 27th annual Mock Employment Tribunal arranged for Bedfordshire Group by local consultant John Williams, Chartered Fellow CIPD. The story is based on an anonymised, real case provided by John, with local CIPD members role playing before a real Employment Judge and two lay members.

The Employment Act 2004 was repealed on 5 April 2009. While statutory procedures are no longer legally binding, the employment tribunal must take into account the ACAS Code of Practice on Discipline and Grievance as well as case law. Where this has not been followed the tribunal can award an uplift of up to 25%. Until legislation is amended, claimants are no longer being charged fees for bringing cases. The requirements for mediation and for early conciliation have been tested with some interesting backlogs being created with ACAS Conciliation Officers.

This year’s case is Marisa Lawson v Arlingbury Financial Services Ltd.
Mrs Marisa Lawson returned to work following a six month absence for spinal injury at Arlingbury Financial Services Ltd. She had 14 years service and worked as an Account Executive. Shortly after her return she had a conversation with a colleague which involved questions about the colleague’s country of origin and where she had lived in London. The colleague, Ms Fasan, is a British citizen of Nigerian descent. Ms Fasan was uncomfortable about some of the conversation but made no complaint. However another employee overheard part of the conversation and reported it to her manager. The manager reported the matter to the Department Head.

The Respondents conducted an investigation and interviewed both employees. The matter progressed to a Disciplinary Hearing. The outcome was that Mrs Lawson was summarily dismissed for gross misconduct. Mrs Lawson exercised her right of appeal. As well as appealing the dismissal decision, she also raised a Grievance alleging disability discrimination on the grounds that the Company failed to make reasonable adjustments. Her appeal against dismissal failed and her Grievance was not upheld. She appealed the Grievance decision but was unsuccessful.

Mrs Lawson is of Italian extraction; born and brought up in Palermo. She had worked with Ms. Fasan for nine years. She had a clean disciplinary record prior to the disciplinary proceedings. Mrs Lawson made claims of unfair dismissal and failure to make reasonable adjustments. The Respondents deny both accusations.
Once booked on Eventbrite, the bundle will be available on a click link from the session listing on the Branch e-flyer, on 27 April.
Unlike observers at a real tribunal, you will see copies of key genuine documents and will be invited to consider the case yourself before the verdict is announced. After presentation of the case, the audience will be invited to ask questions about the proceedings and discuss the outcome. How would you decide the case? Come along and find out.

This event forms part of a series entitled "Wave Goodbye and Say Hello", offering members a range of interesting topics for both generalists and specialists. The mock employment tribunal will support Continuing Professional Development by demonstrating:
• How the ACAS Code of Practice has influenced the employment tribunal process
• How the current regulations, administration and removal of costs are affecting cases
• Rules and procedures involved in managing employment tribunal cases
• How to present a straightforward case
• How witness statements are given and used
• How the bundle of documents is put together for an Employment Tribunal
Our meetings allow networking to take place before and after the main presentation. Members considering upgrading can usually seek advice from Paula Grayson after the event.

Questions to Paula Grayson on 01234 881708 or hindsighthr@gmail.com


Professional photography and video production will be taking place at the event, and these images may be used on future promotional materials for CIPD. Please note that by attending the event, you are giving your consent for your image to be used on any CIPD promotional materials.

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Date and Time

Location

Gateway Building, Polhill Campus

University of Bedfordshire

Polhill Avenue

Bedford

MK41 9EA

United Kingdom

View Map

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