Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Facing an Employment Tribunal hearing as a claimant can feel daunting, particularly if you have never been inside a courtroom before. The process has its own rhythm, vocabulary, and expectations, and walking in unprepared can put you on the back foot before proceedings even start.
This guide walks you through what happens at a tribunal hearing in England and Wales, how to prepare your case, what to bring with you, and what to expect from the judge, the respondent, and the witnesses. Whether you are pursuing a claim for unfair dismissal, discrimination, unpaid wages, or another workplace issue, knowing the shape of the day ahead will help you present your case with more confidence.
This page is written for claimants representing themselves or simply trying to get their bearings before professional support steps in.
Overview
An Employment Tribunal hearing is a formal legal process where disputes between workers and employers are examined and decided. It is chaired by an Employment Judge, who may sit alone or alongside lay panel members depending on the nature of the claim.
Tribunals are less formal than the civil courts, but they still follow set procedural rules, and both sides are expected to present their arguments, question witnesses, and work through documentary evidence in an orderly way. Most claims reach the tribunal only after the parties have tried, and failed, to resolve matters through early conciliation with Acas.
The tribunal's role is to hear both sides, weigh the evidence, apply the relevant employment law, and reach a binding decision. Hearings can last anywhere from a few hours for a short preliminary matter to several days or even weeks for complex discrimination or whistleblowing claims. For claimants, it is the point where written submissions turn into spoken testimony and the case is finally tested.
Key steps
Read your notice of hearing carefully. Once a date is set, you will receive written confirmation of when and where the hearing will take place. Double-check the venue, start time, and case reference, and contact the tribunal office promptly if anything is unclear or if a date has been confused. Arrive early, as waiting rooms can be busy and proceedings may not begin immediately.
Decide whether to request a postponement. If you genuinely cannot attend, perhaps due to serious illness, bereavement, or another unavoidable clash, you can ask the tribunal in writing to move the hearing. Set out your reasons clearly and send the same request to the respondent. The Employment Judge has discretion to refuse, even when the reason sounds reasonable, so do not assume a postponement will be granted.
Prepare your evidence and bundle. Gather every document that supports your case, such as contracts, payslips, emails, grievance correspondence, disciplinary records, and any notes you made at the time. You will usually need to agree a bundle with the respondent in advance, and copies must be provided to the tribunal. Give yourself plenty of time to read through everything so you know where to find each document during the hearing.
Line up your witnesses and written statements. Any witness who will give evidence on your behalf will normally need a signed written statement submitted before the hearing. Think carefully about who can speak to the facts you need to prove, rather than general character references. Make sure your witnesses know the date, understand the process, and can attend in person or remotely as directed.
Plan how you will present your case. Write out your key points, the remedies you are seeking, and the questions you want to ask the respondent's witnesses. If you can, sit in on a public hearing at your local tribunal beforehand to get a feel for the pace and tone. On the day, speak clearly, stick to the facts, and address the judge respectfully as 'Sir' or 'Madam'.
Q Do I need a solicitor to represent me at an Employment Tribunal?
No, there is no requirement to have legal representation at an Employment Tribunal. Many claimants represent themselves, and the tribunal is used to hearing from people without lawyers. That said, employment law can get technical quickly, especially in discrimination or whistleblowing cases, and having someone experienced in your corner, whether a solicitor, trade union representative, or legal adviser, can make a real difference to how your case is presented.
Q What should I wear to an Employment Tribunal hearing?
While tribunals are less formal than the higher courts, you should still dress smartly and professionally. A business-style outfit, similar to what you might wear to a job interview, is a safe choice. Presenting yourself neatly signals respect for the process and the judge, and it can help you feel more composed on what is often a stressful day. Avoid anything too casual, and keep phones on silent once proceedings begin.
Q How long does an Employment Tribunal hearing usually last?
The length varies significantly depending on the complexity of the claim and the number of witnesses involved. A simple wages claim might be heard in a day, while an unfair dismissal case typically takes two to five days. Discrimination and whistleblowing claims can run for a week or longer. The tribunal will usually give you an estimate when listing the hearing, and you should plan to be available for the full period.
Q Can I bring someone with me for moral support?
Yes. Employment Tribunal hearings are generally open to the public, so friends or family members can sit in the public area while you present your case. They cannot speak on your behalf unless they are acting as your formal representative, but having a familiar face nearby can help with nerves. If you are calling someone as a witness, they may be asked to wait outside until it is their turn to give evidence.
Q What happens if I lose my case at the tribunal?
If the tribunal dismisses your claim, you may walk away with nothing and, in limited circumstances, could be ordered to contribute to the other side's costs, though cost orders are relatively rare. You may have the right to appeal to the Employment Appeal Tribunal, but only on a point of law, not simply because you disagree with the outcome. Strict time limits apply to any appeal, so act quickly if you are considering one.
Q Will the hearing be held in person or remotely?
Both options are used. Since the pandemic, tribunals have held many hearings by video link, particularly for shorter matters and preliminary hearings. Longer, more complex final hearings are often conducted in person at a tribunal venue. Your notice of hearing will confirm the format, and if you have a strong preference, you can ask the tribunal to consider it, though the final decision rests with the judge.
Q What if a witness refuses to attend?
If someone with important evidence will not come voluntarily, you can apply to the tribunal for a witness order, which legally compels them to attend. You will need to explain why their evidence is relevant and why an order is necessary. Apply well before the hearing date, as last-minute requests may be refused. Failing to comply with a witness order can lead to penalties for the person served.
Employment Tribunal hearings follow their own procedures, and even well-prepared claimants often have last-minute questions about evidence, witnesses, or how to handle cross-examination. An experienced legal adviser can talk through the process with you and give practical perspective tailored to what you describe about your claim.
✓Plain-English answers to your specific questions about the hearing
✓Practical perspective on preparing your evidence and witnesses
✓Guidance tailored to what you describe about your claim
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.