Tribunal Hearing

The Employment Tribunal Hearing

Most people haven’t been in an Employment Tribunal before and are worried about what will happen on the day. The more you know what to expect the more comfortable you’ll feel. So we’ve produced some practical tips for you here.

Frequently asked questions

  • What should I wear?

    You don’t need to wear a suit, but the Tribunal is a public, legal hearing so dress smartly as you would to any other important event. Remember though to switch off your mobile phones!

  • Is there somewhere special I should sit?

    Yes there will be seats immediately in front of the Tribunal Panel, with a sign that indicates which is for the claimant and which one is for the respondent. If you are represented your representative will take one seat and you will sit next to them.

  • Can I bring someone with me?

    Yes, the hearing is public so anyone can come with you. They must however keep quiet and refrain from making comments during the hearing.

  • I’m nervous....how should I act?

    Be respectful when addressing the Tribunal. Try not to become angry or aggressive, either with the Tribunal or any witnesses. If you are unrepresented and don’t understand something that is being said, ask! – the Tribunal panel are there to try and get to the truth and want you to understand exactly what’s going on. If you are represented and want to ask something, pass a note to your representative rather than trying to interrupt.

  • Will I have to see the respondents?

    Yes, you will – they will be in the hearing with you. But there are separate waiting areas for claimants and respondents, so you won’t have to sit with them beforehand.

  • Can costs be awarded against me?

    Although it is rare in Tribunals, the Tribunal can award costs where it thinks that the claimant or his representative has acted ‘vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by a party has been misconceived’. A key point in this is that you should always tell the truth, most cases where costs have been awarded against claimants are where the Tribunal has concluded they have lied in the hearing.

So I think I may have a case...

If you think you have a case you must act quickly. There are time limits in discrimination cases – in employment cases you must submit your claim within 3 months of the act of discrimination, in all other cases 6 months.
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