What happens at an Employment Tribunal hearing?

Short answer

An Employment Tribunal hearing is a formal legal proceeding where a judge (and sometimes lay members) hears evidence from both sides and decides the case. Most hearings are in person, last one to three days, and follow a structured format: opening submissions, claimant evidence, respondent evidence, and closing arguments.

There is no fee to bring an Employment Tribunal claim. You do not need to be legally represented, but the rules of evidence and procedure still apply.

1 The rule

Employment Tribunal proceedings are governed by the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013. The rules give both parties the right to present evidence, call witnesses, and make legal arguments.

Despite this flexibility, the tribunal will expect you to have a clear witness statement, organised documentary evidence, and a coherent legal argument. Preparation is essential.

2 What you can do now

1. 1
   Prepare your witness statement

   Your witness statement is the most important document in the hearing. It sets out the facts you rely on, in chronological order, in your own words. Each paragraph should deal with one point. Do not include legal argument in the witness statement. The statement is usually exchanged with the respondent in advance (the Tribunal's case management order will set the deadline — usually 3–4 weeks before the hearing).

2. 2
   Prepare the bundle

   The "hearing bundle" is a paginated folder of all the documents both sides rely on. Usually the respondent (employer) prepares the bundle, including all documents both sides have identified in disclosure. Check the bundle carefully before the hearing — if a document you need is missing, raise it immediately. The bundle is paginated, and witnesses are cross-examined by reference to page numbers.

3. 3
   Attend the hearing

   Arrive at the Tribunal building at least 30 minutes early. Report to reception — you will be directed to a waiting area. The judge usually opens by checking both sides are present, confirming the issues, and explaining the day's timetable. In unfair dismissal cases, the claimant usually gives evidence first. You will read your witness statement and then be cross-examined by the respondent's representative. Remain calm; answer questions directly.

4. 4
   Give your evidence under cross-examination

   Cross-examination is where the other side challenges your evidence. Listen carefully to each question before answering. If you do not understand a question, ask for it to be repeated. Do not argue or become emotional. If a question contains a false premise, say so politely. Refer to documents in the bundle by page number. After cross-examination, your representative (if any) may re-examine you on points of clarification only — not to introduce new evidence.

5. 5
   Closing submissions and the judgment

   After all witnesses have given evidence, each party makes closing submissions summarising the evidence and the legal arguments. The judge may give judgment orally at the end of the hearing, or reserve it (send it in writing later — sometimes several months later). A reserved judgment will include reasons. If you win, a remedy hearing may be listed to determine compensation. If you lose, consider whether there are grounds of appeal (law only, not re-arguing facts).

3 When this does not apply

• Preliminary hearings (to determine strike-out applications, deposit orders, or jurisdictional issues) often proceed by video link and are shorter.
• If the respondent does not attend, the Tribunal can proceed in their absence but will adjourn if there is a good reason for their non-attendance.
• Costs in employment tribunals are the exception, not the rule — you are unlikely to recover your legal costs even if you win, unless the other side acted unreasonably.

4 Common questions