Should I have representation for an Employment Tribunal claim?

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There is no right or wrong answer to this question, as it will ultimately depend on your individual circumstances. It is possible to represent yourself in an employment tribunal without a lawyer, however, there are some definite disadvantages of being unrepresented.

The tribunal judge is supposed to take reasonable steps to address the imbalance between the two sides, but in practice, there are limits to the assistance that can be offered by the tribunal judge, as s/he still needs to remain impartial.

Some of the key disadvantages of representing yourself in an employment tribunal, particularly for complex cases, include:

Firstly, you are likely to be taken less seriously by the other side if you don’t have a lawyer. There will likely be an expectation that you will miss key elements of procedure, evidence or law.

Secondly, if the other side has a lawyer, they will likely have a better understanding of the law and procedures, which puts you at a disadvantage. They will know how to present the case in the best possible way and how to conduct specialist tasks like cross examination.

Thirdly, you may find the tribunal procedures and rules confusing, especially if you have never been involved in legal proceedings before.

Fourthly, the employment tribunal process can be stressful and emotional, so it can be helpful to have someone to support you through it and to present your case with less emotion.

Lastly, Solicitors train for many years to become experts in preparing and representing clients at Tribunal. It’s very hard for a non-lawyer to gain that skill in a short space of time.

If you are thinking about representing yourself in an employment tribunal, you should consider whether it is the best option for you. You may want to get advice from a lawyer or an experienced employment tribunal representative before making a decision, so you fully understand the implications.

Article by

Yeing-Lang Chong

0800 915 7777

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023

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