Making a claim in the Employment Tribunal

Read our step-by-step guides to help you understand and manage the employment tribunal process.

Reaching the final hearing can be scary and daunting. You will have waited months or maybe even years to get to this point. The bundle should be ready, witness statements exchanged and all key parties should be ready to attend.

You will have received a listing notice from the Employment Tribunal that states whether your final hearing is to take place remotely online or in person at an Employment Tribunal. The notice should also set out the length of time in days that the hearing is expected to last.

In straightforward cases, the case may be heard by an employment judge sitting alone, however, in more complex cases there will be a tribunal panel of three people, including a legally qualified employment judge and two lay members.

Remote Hearings

If your hearing is remote, this means that it will take place online via a video link. You will need the following:

• A laptop/computer which has a camera, speaker and microphone.
• A strong internet connection that will last the anticipated length of the hearing.
• An unmarked hard copy of the bundle and unmarked copies of all the witness statements.

The hearing will be held using the Tribunal Service’s secure cloud video platform (CVP) which is similar to Zoom, Skype or Teams. Login details will be provided by the tribunal, and you should aim to log in around 30 minutes before the start time to ensure you have no technical issues. You should find a quiet private space with no distractions and ideally no one else in the room. You will be able to see the Judge and the other party. The hearing will proceed as it would in person and the Judge will inform you of what is expected of you. For example, you may not be allowed to turn off your camera but will be asked to mute your microphone when not speaking.

In person Hearings

If you are attending the hearing in person, we would recommend that you plan your route to the employment tribunal beforehand to ensure that you have plenty of time on the morning of your hearing. You must arrive before the set start time of the hearing to sign in. Employment Tribunals are formal court buildings and you may have to pass through security on arrival. You will then be directed to a waiting room, separate to where the opposing party will be seated.

The clerk will collect you from the waiting room and you will be escorted into the hearing room and shown where to sit. There is also an area at the back of the tribunal room for witnesses, members of the public and the press. Hearings are open to the public so people may come to watch the proceedings.

The tribunal is less formal than a court and there will be no one wearing wigs or gowns and no jury will be present. The employment judge should be addressed as ‘Judge’.

Giving Evidence

If you are giving evidence you will be called to the witness stand when it is your turn to give evidence, or if it is remote, you will be introduced by your solicitor or barrister or informed of your turn to speak by the judge. You will then be sworn in, or if you are not religious, asked to affirm. This is a personal choice.

You should have an unmarked copy of the bundle of documents and an unmarked copy of your witness statement in front of you so that you can refer to them. You must not have any other notes or materials in front of you.

You should have pre-prepared a witness statement in advance of the hearing and this will form the basis of your evidence. You and your representative may refer to this document throughout and you may be asked additional questions on this statement. Your witness statement together with your answers to these questions form your ‘evidence in chief’.

You will then be asked questions by the opposition; this is known as ‘cross-examination’.

The simple advice when giving evidence is to give a truthful answer rather than try and provide the ‘right answer’ or the answer that you think the Judge wants to hear. You can ask the person asking you the questions to rephrase an unclear question or to look at a document to refresh your memory before answering a question.

Should you need any adjustments to the process this must be communicated to the tribunal before the hearing begins.

Judgment

Once the hearing has finished, the employment judge or tribunal panel will adjourn to consider its decision. The judge may give the judgment orally on the day of the hearing or, the decision may be reserved and a written judgment sent out to the parties at a later date.

A remedy may be discussed and provided on the day, or a further date may be set for a ‘remedy hearing’ to be held where parties will discuss what remedy would be appropriate in the circumstances.

Do you need legal representation at a final hearing?

Whilst it is possible to represent yourself at a final hearing, we recommend having a solicitor (or in some cases, a barrister) to represent your interests at the hearing. This is because the judge will be dealing with complex legal issues and procedural matters which need to be fully understood. Facing the hearing on your own can be a daunting prospect and that’s why we’re in your corner, every step of the way.

To speak with one of our legal advisors please contact us today on 0333 888 1360.

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