What Happens at the Employment Tribunal Hearing Itself?

Wondering what happens at an employment tribunal hearing? This guide walks you through every step so you can face it confidently.

Understanding the Employment Tribunal Hearing Process

What happens at an employment tribunal hearing follows a structured process designed to be fair and efficient, starting with preliminaries and ending with judgment delivery. The Employment Judge leads proceedings inquisitorially, managing evidence presentation, witness cross-examination, and legal arguments. Whether self-representing or not, knowing this timeline helps you prepare effectively.

Employment tribunal hearings resolve disputes like unfair dismissal or discrimination. Unlike courts, they are less formal but still require clear evidence and structured arguments. This article covers the typical flow, judge’s role, and tips for participants.

You’ll learn the order of events, from opening statements to closing submissions, based on Employment Tribunals Rules of Procedure and Presidential Guidance.

Before the Hearing Starts: Preliminaries

The hearing begins with administrative checks and setting the agenda, ensuring everyone is ready.

Arrive early at the tribunal venue, typically at least 30 minutes before the listed start time, with your bundle of documents. The usher will direct you to the hearing room. Upon entering, the Employment Judge or panel – which may include two lay members under section 4 of the Employment Tribunals Act 1996 – will introduce themselves and confirm identities.

The judge outlines the issues from the case management orders, agrees a timetable for the day, and checks the hearing bundle. Parties confirm witnesses attending and any last-minute applications. This stage sets a fair framework, with at least 14 days’ notice given beforehand per rule 44 of the Employment Tribunals Rules.

Opening Statements

Optional short summaries outline each party’s case to the tribunal.

The claimant usually goes first with a brief opening statement summarising key facts, claims, and remedies sought. This is not evidence but helps the judge understand the case structure. The respondent follows, outlining their defence without repeating the claim.

Openings are concise, often 5-10 minutes, and avoid detailed arguments. The judge may ask questions to clarify points early.

Presenting the Claimant’s Case

The claimant presents evidence and calls witnesses, who face cross-examination.

The claimant explains their case using documents from the bundle, sworn on oath if needed. They call witnesses in order listed, each sworn or affirmed before giving evidence-in-chief – their account of events.

The respondent then cross-examines to test credibility and facts, limited to relevant matters. The claimant may re-examine to clarify. The judge questions throughout to probe issues inquisitorially. All evidence is tested rigorously here.

Witnesses wait outside until called, per standard practice.

For more on cross-examination, see here.

Presenting the Respondent’s Case

The respondent responds with their evidence and witnesses after the claimant’s case closes.

Once the claimant closes, the respondent presents their case similarly: documents, their narrative, then witnesses examined-in-chief, cross-examined by the claimant, and re-examined.

The judge ensures balance, intervening if proceedings stray. This mirrors civil trial order, with the burden on the claimant for most claims.

Closing Submissions and Legal Arguments

Final chance to persuade the tribunal with summaries and law application.

Claimant sums up evidence supporting their case, highlights weaknesses in the defence, and applies relevant law like Employment Rights Act 1996 provisions. Respondent replies, rebutting points.

Submissions focus on facts found, legal tests (e.g., fairness in dismissal), and remedy if applicable. Judge may ask specific questions on law or evidence.

Delivering the Judgment

The tribunal decides liability and remedies, often orally with reasons.

After closings, the judge may reserve judgment or deliver immediately. Oral judgments explain findings, reasons, and awards verbally, later transcribed. Written judgments follow if reserved, signed by the judge.

Reasons cover key facts, law applied, and why the decision per rule 58. Parties note outcomes for appeals.

What Happens After the Hearing

Post-hearing steps include remedies enforcement and appeal options.

If successful, awards like compensation are enforceable via county court if unpaid. Costs or preparation time orders may apply. Within 14 days, request written reasons if not provided.

Appeals go to Employment Appeal Tribunal on law points within 42 days.

Wrapping Up: Key to a Successful Tribunal Hearing

What happens at an employment tribunal hearing is a methodical process led by the judge, emphasising evidence and fair cross-examination. Preparation is crucial for self-representing parties.

Follow the structure: preliminaries, openings, cases, closings, judgment. Use ACAS guidance and practice bundles.

Stay composed – tribunals value clarity over legal jargon.