Who Can Represent You at an Employment Tribunal?
Key points
- You can always act as a litigant in person in employment tribunals.
- Lay representatives and union reps need no legal qualifications but may require tribunal permission.
- Qualified legal advisers provide expert support for complex claims.
- McKenzie friends offer silent help to self-representers.
- Notify the tribunal of your chosen representative early to avoid issues.
- Choose based on case complexity, cost and personal comfort.
Understanding Your Representation Rights in Employment Tribunals
Who can represent at employment tribunal? In UK employment law, you have flexible options including representing yourself as a litigant in person, appointing a lay representative, using a union rep, or instructing a legal adviser. This guide breaks down each option, helping self-representing claimants understand their rights under the Employment Tribunals Rules of Procedure.
Employment tribunals encourage accessible justice, so representation rules are broad and designed to support individuals without deep legal knowledge. Whether you are claiming unfair dismissal, discrimination or unpaid wages, selecting the right support can make a significant difference to your confidence and outcome.
In the sections below, we cover the main types of representatives, how to appoint them, and practical tips for each, drawing from official tribunal guidance.
Join the free employment tribunal clinic or review sample bundles to boost your litigant in person skills.
Representing Yourself: The Litigant in Person Option
In UK employment tribunals, you always have the right to represent yourself as a litigant in person. This means presenting your own case, speaking to the judge and panel, submitting evidence, and cross-examining witnesses without assistance from anyone else acting as your advocate.
Many people succeed this way, especially in straightforward claims. Tribunals are understanding of non-lawyers and provide procedural guidance. However, it requires preparation, such as organising your bundle of documents and practising your opening statement.
Resources like the GOV.UK Employment Tribunal Claims pages and ACAS Guide to Employment Tribunals can help. Self-representation saves costs but demands time and effort. If your case involves complex law, like discrimination under the Equality Act 2010, consider pairing it with silent assistance from a McKenzie friend. For more on the tribunal system, see here.
Lay Representatives: Support Without Legal Qualifications
A lay representative is someone without formal legal qualifications who can fully represent you in tribunal proceedings. Under Employment Tribunals Rules of Procedure Rule 6, tribunals permit lay reps if it is in the interests of justice and they have sufficient knowledge of the case.
To use one, notify the tribunal early via form or letter, explaining why they are suitable. Common examples include experienced HR professionals, former colleagues or volunteers from support groups. No formal authorisation is always needed if parties agree, but permission ensures smooth hearings.
Lay reps handle advocacy, questioning and submissions, allowing you to focus on providing facts. They must act impartially and follow tribunal directions. This option suits those wanting advocacy without solicitor fees.
The judge decides based on the rep’s competence and potential conflicts.
Trade Union Reps and Officials
If you are a union member, an official from your trade union can represent you at employment tribunal, bringing expertise in employment law.
Trade union representatives are automatically allowed to represent members under Rule 6(1)(b). This includes full-time officials, elected workplace reps or authorised union personnel experienced in handling disputes.
Union reps often provide free representation, including preparation, bundle building and advocacy. They know common claims like unfair dismissal under Employment Rights Act 1996. Contact your union early; they assess eligibility and assign a rep.
This is ideal for union members facing dismissal or discrimination. Reps attend hearings, negotiate settlements and appeal if needed. Non-members cannot use this unless exceptional circumstances apply.
Check your collective agreement for enhanced support.
Qualified Legal Advisers: Solicitors and Barristers
Legal advisers such as solicitors or barristers have unrestricted rights of audience in employment tribunals. They manage your entire case, from drafting the ET1 claim form to final advocacy.
Hired privately or via legal aid (rare for tribunals), they interpret law like time limits for claims (usually three months less one day) and build strong arguments. Costs vary; fixed fees are common for bundles and hearings.
Choose via Law Society find-a-solicitor or unions. They excel in complex cases but weigh costs against potential awards.
Tribunals rarely award costs, but you pay your own fees upfront.
Other Representation Options: McKenzie Friends and Advice Centres
A McKenzie friend provides silent assistance like note-taking, suggesting questions and moral support during hearings. Tribunals usually allow them if unobtrusive and no conflict exists. They cannot speak unless permitted exceptionally.
Officers from advice centres like Citizens Advice or law centres can represent if full-time employees, per Rule 6(1)(c). They help low-income claimants for free. Apply via the centre.
These suit budget-conscious individuals needing basic support without full advocacy.
Always ask the tribunal judge at the start of the hearing.
How to Choose and Notify Your Representative
Select based on your case complexity, budget and availability, then formally notify the tribunal and other party.
Assess your needs: simple unpaid wages? Litigant in person or lay rep. Discrimination? Legal adviser. List pros/cons: cost, expertise, availability.
Notify via email or post to the tribunal, copying the respondent. Include rep’s name, contact and relation to case. Changes require prompt update.
Prepare together: share documents, discuss strategy. Tribunals expect reps to follow rules like time estimates.
Late changes may delay hearings.
Summary: Your Path to Effective Tribunal Representation
Understanding who can represent at employment tribunal empowers you to pick the best fit for success. From litigant in person to union rep or legal adviser, options abound to match your situation.
Start by evaluating free resources like ACAS conciliation. With preparation, even self-representation succeeds. Who can represent at employment tribunal is flexible, prioritising justice.
Take action: contact potential reps today and build your case confidently.
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Browse our free templates, guides and tools for self-representers. Build your bundle and strategy today.
This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
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