Handling Litigants in Person: tips and tactics

3PB Barristers are hosting a free in-person employment seminar in Birmingham on Wednesday 18 December from 12.15pm until 1.45pm.

Specialist employment barrister Andrew MacPhail shares his tips on handling litigation involving LIPs. Topics covered include:

• Most LIPs have no experience of litigation; as a result their ET1s are often very unclear. How should a Response be drafted when it is unclear what claims have in fact been pleaded? Should the Respondent ask for FBPs?
• Soon enough Respondents can find themselves faced with long lists of alleged detriments/conduct adopting vague and ambiguous terms, sometimes largely disconnected from the original ET1. What steps should be taken to protect the Respondent’s position? Should applications for strike out be made? Should the Respondent ask the LIP to make an application to amend?
• LIPs are usually engaged in litigation at a time when they have no trust in the Respondent and when they feel emotionally damaged; they will often feel little obligation to assist the Respondent’s representatives. Given the informality in ET proceedings and the lack of enforcement of ET orders, the litigation can quickly spiral out of control.
• In some such cases the disclosure process can create significant problems, with LIPs refusing to provide document, refusing to agree a bundle or demanding provision or inclusion of irrelevant documents.  Should the Respondent comply? Should the Respondent ask for the ET’s involvement?  Should the Respondent ask the to postpone directions applicable to the Respondent?
• Which witnesses should the Respondent call for the final hearing, when facing multiple unclear allegations?  Can the grievance officer sufficiently address matters covered by the grievance investigation?

In this seminar Andrew will cover these matters and more, providing tips and ideas as to how to handle such litigation.