Guide to What to expect at an Employment Tribunal
The Tribunal System and its objectives
Most cases are heard at permanent Tribunal offices in the major cities and large towns although additional Hearing Centres are sometimes used, particularly in more remote areas of the country. Scotland and Northern Ireland have their own Tribunal Centres.
An Employment Tribunal operates like a court although it is not as formal. However, like a court it must act independently and cannot give legal advice. Witnesses give evidence, usually on oath, from a separate witness table and normally read their statements out loud. They are then questioned about their evidence or other issues in the case by the other party, the Employment Judge and members of the Tribunal Panel.
The Tribunal's overriding objective is to deal with the case equitably and justly (from the point of view of both Claimant and Respondent). This includes doing what it can to ensure that all parties are placed on as equal a footing as possible, and dealing with your case as quickly as possible in a way which is proportionate to the complexity of the issues. This may, at times, cause it to appear to favour an un-represented Claimant (or Respondent), for example by asking more probing questions of the other side’s witnesses. Both parties are required to assist the Tribunal in achieving this overriding objective.
Hearings
The Tribunal generally has three members although some simpler cases are sometimes heard by an Employment Judge sitting alone.
The Employment Judge is legally qualified and is appointed by the Lord Chancellor. The other two members of the panel are lay members and are appointed by the Secretary of State for Trade and Industry from persons with experience in dealing with work related problems.
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