The hearing
In this section you can find out how to prepare for a hearing, what happens at them and what happens after.
- Different kinds of hearings
- Representation at the hearing
- Preparing for a hearing
- What documents do I need for the hearing?
- Can I bring witnesses to the hearing?
- What do I need to do about compensation and remedy?
- What will happen at the hearing?
- The judgment
- The cost of going to Tribunal
1. Different kinds of hearings
This section explains the different types of Employment Tribunal hearings, how to prepare for them, what happens at them and afterwards.
Case management discussions
These are held to:
- clarify the issues in the case;
- decide what orders should be made about matters such as documents and witnesses; and
- decide the time and length of the full hearing.
They will normally be held in private, before an Employment Judge sitting alone, or over the phone.
Pre-hearing review
These are held to:
- decide whether the claim or response should be struck out;
- decide questions of entitlement to bring or defend a claim;
- decide, if either side's case appears weak, whether a deposit needs to be paid, and if so, how much, before that side can go ahead.
The letter giving you the date of the hearing will state the matters to be decided at the pre-hearing review. Unless the pre-hearing review is only to consider whether a deposit should be paid, it may well be necessary for evidence to be given at such a hearing. You will need to decide which witnesses (if any) and evidence to bring, bearing in mind the specific matters which the tribunal will be considering at this stage.
Pre-hearing reviews are normally held in public before an Employment Judge sitting alone, but may be held over the phone.
The final hearing
This is the hearing that:
- decides whether the claim succeeds or fails and, if it succeeds,
- what remedy is appropriate.
The hearing will normally be conducted by a full tribunal which includes an Employment Judge and two lay members. What will happen at the hearing? gives full details on the procedure at the hearing.
2. Representation at the hearing
Even if you have represented yourself or your own organisation up to the date of the hearing, it may be possible to arrange representation at the hearing itself. Refer to the help and advice section for more information.
3. Preparing for a hearing
Make sure that you arrive at the hearing centre no later than 30 minutes before the hearing is due to start, making allowances for possible travel delays.
It can be useful to watch a hearing at a tribunal so you understand the procedure and what happens. You can do this by contacting any tribunal office and ask if there is a suitable hearing for you to observe.
4. What documents do I need for the hearing?
You may have been ordered by the tribunal to disclose your documents to the other side. But even if you have not you must make sure that the other side has reasonable notice, (at least seven days) of any documents which you plan to use at the hearing to support your case.
5. Can I bring witnesses to the hearing?
You can bring witnesses to the hearing to give relevant evidence. Even if you have not been told to, it is helpful if you let the tribunal know beforehand how many witnesses you plan to bring. You may have been ordered by the tribunal to produce a written statement of your own evidence and for your witnesses. But even if you have not you may wish to consider doing so. However, in Scotland you should not do so unless ordered by the tribunal.
If you believe that a witness may have something of value to contribute to the evidence they should attend the hearing, rather than relying just on the contents of signed statements. This is especially important if you believe that the other side would challenge what the witness has to say. It is your responsibility to make sure that your witnesses come to the hearing.
You may ask the tribunal to issue a witness order which will summon someone that you want to have at the hearing, even if they do not want to be there. You must apply in writing well before the hearing.
If you do so you will need to tell the tribunal:
- the name and address of the witness;
- what the witness will say and how it will help your case; and
- why the witness is not willing to come to the hearing voluntarily.
6. What do I need to do about compensation and remedy?
If you are the claimant, you will need to produce evidence of what you want. If you do not provide this information, you may not only recover less than you might otherwise be entitled to, but, if a further hearing is needed as a result of your failure, an order for costs could be made against you.
If you are the respondent, you should produce any evidence and submissions which relate to what the claimant is looking for if their claim is successful.
If the claimant succeeds in a complaint of unfair dismissal (or failing to allow a woman to return to work after pregnancy) the tribunal may consider ordering reinstatement or re-engagement. As a result you should be prepared to give evidence at the hearing as to:
- the availability of the job which the claimant held or of similar jobs;
- whether you would take the claimant back either in the old job or in a similar one; and
- your reasons if you say it would not be practical or possible to reinstate the claimant.
You should also be prepared to give evidence at the hearing as to what you would consider to be appropriate compensation and how you arrive at your assessment.
If the claimant was a member of a pension scheme, you must bring to the tribunal the following information.
- Whether the scheme was a money-purchase or a final salary scheme.
- If it was a final-salary scheme, what is the value of the deferred pension.
- The retirement age under the scheme.
- The amount of the employers' contribution to the scheme.
If you do not give the tribunal the information we ask for, a further hearing may be needed which could cause an order for costs to be made against you.
