Employment tribunal hearings can be daunting for employees, especially those unfamiliar with the legal process. Knowing what to expect can help alleviate some of the anxiety and prepare you for the experience. This article provides a detailed overview from an employee's perspective, covering the steps involved, the key players, and tips for a successful hearing. 

Preparing for the Hearing  

1. Understand the Process: Before the hearing, familiarise yourself with the tribunal process. This includes understanding the timeline, key documents required, and the roles of various participants. Your solicitor will be a crucial resource in helping you navigate this stage. 

2. Gather and Organise Evidence: Ensure all your evidence is well-organised and ready for presentation. This includes documents, witness statements, and any other relevant materials. Having a clear, chronological order will help you present your case more effectively. 

3. Prepare Your Statement: Your witness statement is a critical part of your case. Work with your solicitor to prepare a detailed and accurate account of events. Practice reading it aloud to become comfortable with the content and delivery. 

4. Familiarise Yourself with the Venue: If possible, visit the tribunal venue beforehand to get a sense of the layout and logistics. Knowing where you will be seated and the general environment can help reduce anxiety on the day of the hearing. 

On the Day of the Hearing 

1. Arrival and Registration: Arrive early to allow time for registration and to settle in. Bring all necessary documents, including your witness statement and evidence. Dress professionally to convey respect for the tribunal process. 

2. Meeting with Your Solicitor: Meet with your solicitor before the hearing starts to review the key points and any last-minute details. This is a good time to ask any remaining questions and ensure you feel prepared. 

The Hearing Procedure  

1. Opening Statements: The hearing will begin with opening statements from both parties. Your solicitor will present your case first, outlining the key points and what you aim to prove. The respondent (or their solicitor or barrister) will then present their opening statement. 

2. Witness Testimony: Witnesses will be called to give their testimony. You will likely be one of the first to testify. When it's your turn, approach the witness stand and take the oath. Witness statements may be ‘taken as read’ – in other words, the statements read in advance or at the beginning of the hearing and the contents accepted as your testimony. On occasion, the tribunal may instead ask you to read your witness statement out aloud at the hearing. Be prepared for cross-examination by the respondent's solicitor. 

3. Cross-Examination: During cross-examination, the respondent (or their solicitor or barrister) will ask you questions to challenge your testimony. Stay calm, answer truthfully, and avoid getting defensive. Your solicitor may also re-examine you to clarify any points raised during cross-examination. 

4. Respondent's Case: After your testimony, the respondent will present their witnesses and evidence. Your solicitor or barrister will have the opportunity to cross-examine their witnesses. Pay close attention to their testimonies, as they may reveal inconsistencies or new information which you should highlight to your solicitor or barrister during the hearing. 

5. Closing Statements: Once all evidence and testimonies have been presented, both parties will make closing statements. These summaries will highlight the main arguments and evidence supporting each side's case. Your solicitor or barrister will emphasise why the tribunal should rule in your favour. 

The Tribunal's Decision 

1. Deliberation: After closing statements, the tribunal panel will deliberate. This process can take some time, and in some cases, the decision may be reserved, meaning you will receive it in writing at a later date. 

2. Receiving the Decision: The tribunal's decision will be communicated to you either at the end of the hearing or in writing. This document will outline the tribunal's findings and any awards or remedies granted. 

Post-Hearing Steps 

1. Reviewing the Decision: Review the tribunal's decision carefully with your solicitor. Understand the implications and any actions required on your part. 

2. Considering an Appeal: If the decision is not in your favour, discuss the possibility of an appeal (or an application for reconsideration) with your solicitor. There are strict time limits for filing an appeal, and you will need to demonstrate that the tribunal made an error in law or procedure. 

3. Implementing the Decision: If the decision is in your favour, work with your solicitor to ensure the remedies awarded are implemented. This might include compensation, reinstatement, or other corrective actions by your employer. 

Tips for a Successful Hearing 

1. Stay Calm and Composed: Maintain your composure throughout the hearing. Stay focused on presenting your case clearly and calmly, even during cross-examination. 

2. Be Honest and Consistent: Honesty is crucial. Any inconsistencies in your testimony can undermine your credibility. Stick to the facts and avoid exaggeration. 

3. Listen Carefully: Listen attentively to all proceedings, including the respondent's case. This can help you identify any inconsistencies or new information that can strengthen your position. 

4. Follow Your Solicitor's Advice: Your solicitor is there to guide and support you. Follow their advice and trust in their expertise. 

Conclusion 

Attending an employment tribunal hearing can be a challenging experience, but understanding the process and knowing what to expect can help you feel more prepared and confident. With thorough preparation, professional legal support, and a calm approach, you can navigate the hearing effectively and work towards a favourable outcome. 

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 of areas in employment law 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.

24.06.24