AN EMPLOYEE’S GUIDE TO EMPLOYMENT TRIBUNAL HEARINGS
If you are looking for someone to represent you at your tribunal hearing please call North West Employment Law on 01257 231458 as soon as possible and let us know when your hearing is listed.
Before the Hearing
Even if you are going to be represented at the hearing you need to make sure that you are fully prepared and know what to expect.
Read all the relevant documents including your employer’s witness statements to make sure you know what they say and check that your own witness statement is accurate. You may have to read out your witness statement at the hearing so you need to be comfortable doing this.
Most tribunal hearings are held in public, so if you want to and if you have time, you can contact your local tribunal office to ask if you can observe someone else’s case prior to your own hearing.
The Day of the Hearing
Most people you see at the Tribunal will be wearing business suits. We suggest that you dress smartly if possible.
If anyone comes to the Tribunal with you, they can be with you while you wait for the hearing to start and then sit at the back of the Tribunal room to listen to your case.
If you are travelling by car allow plenty of time to get to the Tribunal office during rush hour traffic so that you arrive in good time.
If you are claiming ongoing losses you will have already provided a statement of loss to your employer but it is a good idea to bring with you to the Tribunal your most recent wage slips from any new job and/or any up to date evidence that you are looking for work.
Arrival at the Tribunal Office
At the reception you will be asked to sign in and asked to wait in a waiting room for claimants. Your representative will usually meet you in the waiting room. A tribunal clerk will also come in the room to check your details and ask you if you want to swear a religious oath or if you want to affirm to say that you will tell the truth when giving evidence to the hearing.
If you have any additional comments on documents or you have realised that there are any errors in your statement tell your representative as soon as possible before the hearing starts.
Your representative may have some discussions with the other side or their representative before the hearing. This is quite common.
Most cases start at 10am but sometimes you will have to wait for another case to be heard before your case can start. Occasionally there will be too many cases to be heard on the day, and if there is not enough time to deal with your claim, a new date will be fixed to hear your case. If this happens the Tribunal usually guarantees that your case will start at 10am next time.
In the Tribunal Room
Most hearings start at 10am, with a break for lunch when convenient (usually between 1pm to 2pm) and finish by 4pm to 4.30pm.
Make sure you switch off your mobile phone before the hearing starts.
There will be water to drink in the room.
Most cases are heard by a Tribunal panel of 3 people. The person in the middle is an Employment judge, one of the other panel members usually has experience of personnel/management, and the other panel member is usually from a trade union background. Some cases are heard by a Judge only.
Your employer’s witnesses will be in the room at the same time as you.
The Hearing
Both sides will be given opportunity to give evidence and to question the other side’s witnesses. If you have been dismissed your employer will normally give their evidence first. If you have resigned or are claiming discrimination the Tribunal will normally hear your evidence first. The panel may ask you to read your witness statement out aloud or they may just read your witness statement and then ask if you have anything more to add.
Resist the temptation to make audible comments about what your employer says to the Tribunal, but it is a good idea to have some paper and a pen so that you can write down comments about their evidence which your representative can then use to challenge the evidence in cross –examination.
When all the evidence has been heard the Tribunal judge will usually ask each side to give a summary of the case.
If the case lasts longer than expected and there is not enough time to finish the case, another date will be fixed which is convenient for everyone to come back to the Tribunal.
Giving your Evidence
You will be asked to stand up to take the oath to tell the truth. You can then sit down and will then be asked to read out your witness statement. Your representative may stop you from time to time to refer to any relevant documents.
When you have finished reading the statement the other side will want to ask you questions about it and the Tribunal panel may also ask you some questions.
Make sure you have understood any question correctly and answer as directly as possible. If you are asked about a certain document or something you said in your statement and you can’t quite remember what it states, or you think the person questioning you has quoted something incorrectly, ask to be referred to the relevant document or part of your statement. If you are not sure of your answer to a question say so. It is better to say that you don’t remember something than to get your answer wrong. Try to speak clearly and direct your answers to the Tribunal panel. Don’t talk too quickly because they will be making a note of your answers.
When speaking to the Tribunal members you should address them as Sir or Madam.
If the Tribunal breaks for any reason before you have finished giving your evidence you are not allowed to discuss the case with anyone during the break.
The Judgment
At the end of the case the panel will usually go out of the room to make a decision. If there is sufficient time they will give their decision and the reasons for it the same day. If there is not enough time that day the Tribunal will reserve its judgment and will send out a written judgment sometime later.
If your case is successful and if there is enough time the Tribunal may assess compensation the same day. If there is not enough time another date will be set for the Tribunal to decide how much compensation should be awarded.
After the Hearing
You can make a claim for travel costs over £5 to attend the hearing, for loss of pay if you have had to take unpaid time off work to attend the hearing, and for certain other expenses. The tribunal will not normally pay for car park fees.
If you lose your case your representative will normally ask for written reasons for the decision so that an appeal to the Employment Appeal Tribunal can be considered. Any appeal must be made within 42 days of the written decision being sent by the Tribunal.
There are also certain limited grounds on which you can ask the same Tribunal panel to review its own decision. Any application for review must be made within 14 days of the date the written judgment is sent by the Tribunal.
If you win your case but your employer does not pay the compensation awarded to you by the Tribunal there are various procedures for enforcement of the award. They all take time and involve payment of fees but are never certain to succeed. The two main choices are firstly to register the judgment with the county court which then gives a variety of options for enforcement action. The second choice which we generally prefer is to ask the High Court Sheriff to enforce the judgment directly against the respondent. In some circumstances if an employer does not pay because they are insolvent it may be possible to obtain payment of some or all of the judgment debt from the government’s insolvency service.
If you are looking for someone to represent you at your tribunal hearing please call North West Employment Law on 01257 231458 as soon as possible and let us know when your hearing is listed.
We Can Help
- Call NOW: 01257 231458
- Email NOW: info@nwelaw.co.uk
- Complete Online Form NOW