What will happen at your Tribunal hearing?

When you arrive at the tribunal you should report to reception together with any witnesses that are attending to give evidence. If you have people attending with you that wish just to watch, they will not need to check in with reception other than advising they are members of the public and there to watch the hearing. They should sit at the back of the room and will not be allowed to contribute anything during the hearing.  

Before the hearing a tribunal clerk will discuss with you the number of witnesses you have and collect any documents you may have brought for the tribunal. You should tell the clerk if you or any of your witnesses have any special needs or concerns.

Who speaks first?

The Employment Judge will normally guide you through the proceedings and advise you where to sit and when to come and give evidence.

Generally in an unfair dismissal case the respondent will give evidence and call any witnesses first, while in a discrimination case the claimant will normally be first to give evidence followed by any witnesses. However, there is no absolute rule as to which side starts and this will be discussed with you before the hearing begins or the Judge will decide during proceedings.

Giving evidence

You and your witnesses will have to give evidence on oath or affirmation. This means that if you lie after swearing an oath or affirmation you could be convicted of perjury.

You will normally start by giving evidence by reading out your witness statement. You or your witnesses can then be asked questions by the other side called 'cross-examination. You or your witnesses can then give further evidence to clarify matters as a result of the questions asked called 're-examination'). Finally, the Employment Judge and members may ask some questions.

The same procedure is then usually followed for the other witnesses and then with the claimant. Once all the evidence has been heard, both sides can sum up before the tribunal normally leave the room to consider their judgment. Unless the tribunal 'reserves' its judgment, the Employment Judge will announce the judgment at the end of the hearing. If the judgment is reserved you will receive it in writing at a later date and will not know the result on the day.