Employment Tribunal Hearing UK: What to Expect

Overview

An Employment Tribunal is an independent judicial body that decides disputes between workers and their employers. It handles a wide range of claims, including unfair dismissal, discrimination, unpaid wages, redundancy pay disputes, breach of contract, and whistleblowing cases. Tribunals are less formal than the civil courts, but they are still proper legal proceedings with rules, deadlines, and consequences for the parties involved.

A tribunal hearing is the point in the process where the judge (sometimes sitting with two lay members in certain types of claim) listens to evidence from both sides and reaches a binding decision. Before the main event, there is often a preliminary hearing to deal with case management issues or to decide specific legal points.

The full hearing is where the substantive dispute is argued out. Hearings can take place in person at a tribunal venue, remotely by video, or as a hybrid, depending on how the tribunal has directed the case to proceed.

Key steps

1. The preliminary hearing. Before a full hearing is listed, the tribunal often holds a shorter preliminary hearing to sort out procedural questions. This might cover things like whether the claimant was actually an employee or a worker, whether the claim was brought in time, what issues the tribunal will need to decide, and the timetable for exchanging documents and witness evidence. In some cases a preliminary hearing may also strike out weak claims or parts of claims.
2. Preparing the bundle. Ahead of the full hearing, both sides must exchange all the documents they want the tribunal to consider. These are then compiled into a paginated bundle with a contents page at the front. A typical bundle can include the contract of employment, written policies, emails, text messages, meeting notes, appraisal records, disciplinary paperwork, payslips, and medical evidence where relevant. Both parties use the same numbered bundle during the hearing.
3. Drafting witness statements. Each witness gives their evidence through a written statement prepared before the hearing. Statements should be written in the first person, set out in numbered paragraphs, and cross-reference the relevant page numbers in the bundle. Witness statements usually stand as the witness's evidence in chief at the hearing, meaning the witness will not normally repeat everything out loud, they will simply confirm the statement is true.
4. Attending the hearing. On the day of the hearing, everyone involved, including both parties, their representatives if any, and all witnesses, needs to arrive on time at the tribunal venue or log in promptly if it is being held remotely. The judge will open by confirming the issues in dispute, checking any outstanding preliminary matters, and explaining how the day will run. Witnesses will be asked to swear an oath or affirm before giving evidence.
5. Evidence, submissions, and judgment. Each witness is questioned by the other side (known as cross-examination), and the judge may also ask questions. Once all the evidence has been heard, both parties make closing submissions summarising their case and the law. The tribunal will then either give its decision at the end of the hearing or reserve judgment and send a written decision to the parties later.

Common questions