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Complex employment disputes - cases from hell

Who should attend

Experienced HR professionals who handle employment and workplace disputes, subject access requests and employment litigation.

Synopsis

Sometimes, from apparently simple facts, an employment dispute can cause damage far beyond the costs and issues that had initially appeared to be at stake, while consuming vast amounts of time and resources.

There are some early, tell-tale signs of cases that will not ‘go away’, or which may take an unexpected turn. A claimant, who makes every type of claim and contests every stage, may lead a well-intentioned employer into apparently contradictory positions.

And then there is the data. How do you access and manage years of dispersed data and what is your strategy for information disclosure? Personality clashes are a fact of working life. This briefing also covers mediation and other ways to resolve differences and avoid the Tribunal process.

Programme

9.00am registration and coffee, 9.30am start

Complex employment situations

  • multiple and/or complex grievances, or those raised during a disciplinary including discrimination claims
  • tell-tale claimant behaviours
  • avoidance of HR requests
  • sickness during process
  • avoiding victimisation and whistleblowing claims

Difficult conversations

  • skills, strategies, tips and tools to prevent workplace issues escalating into formal processes
  • mediation, ADR/CEDR: the differences explained
  • advantages and disadvantages

Approaches to data subject access requests (DSARs)

  • what the law intended and its use in practice
  • challenging a fishing expedition: can you, should you?
  • Dawson-Damer v Taylor Wessing LLP: proportionality, privilege and motive

Searching and managing data

  • formulating best practices around DSARs
  • investigating the vexatious employee

Strategies and tactics

  • disclosure options: cards on the table?
  • dealing with individual respondents, unrepresented claimants and litigants you still employ
  • seemingly vexatious claimants and reluctant witnesses
  • use of privilege, without prejudice and protected conversations
  • settlement: early, bluff or all the way?
  • restrictive covenants: preserving protection

1.00pm close, followed by lunch

Download the full Complex employment disputes programme


Speakers

Tom Bray
Employment Law Partner

Tom specialises in advising on the employment law aspects of commercial and corporate transactions, serious employment tribunal litigation and strategic advice relating to redundancy, restructuring and fraud.

Sheila Bates
CEDR Mediator

Sheila has over 25 years’ experience in HR consulting in global organisations. She works in a number of areas including coaching and enhancing dialogue between suppliers and their clients.