What Actually Happens at an Employment Tribunal Hearing

From the moment you walk through the door to the moment judgment is given — a plain-English account of what to expect on the day.

What time should I arrive at the employment tribunal?

Arrive at least 30 minutes before your hearing time. This gives you time to find the building, pass security, locate your hearing room, and speak with any witnesses or representatives. Do not cut it fine — courts and tribunals run on fixed times and lateness can count against you.

Who sits in an employment tribunal hearing?

A panel of up to three people: an Employment Judge (legally qualified, always present) and up to two lay members — one with an employer background and one with an employee or trade union background. Some preliminary hearings are heard by a judge sitting alone.

What is examination-in-chief at an employment tribunal?

Examination-in-chief is when you give your own evidence. In most tribunal hearings, witness statements stand as the evidence-in-chief, so you may be asked simply to confirm your statement is true rather than being asked questions by your own side. The other side then cross-examines you.

How long does an employment tribunal hearing last?

It varies significantly. Short preliminary hearings may last a few hours. Simple unfair dismissal cases are often listed for one to three days. Complex discrimination cases can last five days or more. The tribunal will tell you the listed duration in advance.

What should I bring to my employment tribunal hearing?

Your hearing bundle (the agreed bundle of documents for the case), copies of your witness statement, any notes or documents specific to you, identification, and contact details for any witnesses. Do not bring materials that have not been included in the agreed bundle without first raising it with the tribunal.

What Actually Happens at an Employment Tribunal Hearing

Arrival and procedure

What happens at the end

Arrive at least 30 minutes before your listed hearing time. Employment tribunals sit in designated tribunal hearing centres — not magistrates courts or crown courts. Find the address on your notice of hearing and allow time for travel, parking, and security.

You will go through a security check on entry — similar to an airport. Metal detectors and bag scanning are standard. Once inside, reception or a usher will direct you to the waiting area for your case. There is usually a separate waiting area for each side to avoid unnecessary contact before the hearing.

Bring your hearing bundle, your witness statement, any personal notes, and identification. Do not bring food or drink into the hearing room. Switch off or silence your phone before entering.

Employment tribunal hearings are usually heard by a panel of up to three people:

Always present. Legally qualified — a barrister or solicitor. Chairs the hearing, rules on procedure and law, and writes the judgment. Address them as "Judge" or by name if you know it.

Not always present for every hearing type. One has an employer background; one has an employee or trade union background. Both have an equal vote on findings of fact.

Manages the administration of the hearing, swears in witnesses, and handles documents. Not a decision-maker.

The employer and their representative (if any) sit on one side of the room; you and your representative (if any) sit on the other. Witnesses wait outside and are called in when needed.

How the Hearing Runs

The judge opens the hearing, confirms who is present, and checks that all procedural steps have been completed. Any preliminary issues — such as disputed documents or applications to amend the claim — are dealt with first.

In most cases, the claimant (you) opens first. Witness statements stand as evidence-in-chief in most tribunal hearings — this means you hand up your statement and confirm it is true, rather than being walked through it question by question. The other side then cross-examines you.

After you and any witnesses for your side have given evidence, the respondent's witnesses do the same — they confirm their statements and you (or your representative) cross-examine them.

Submissions follow — each side summarises their legal arguments and why the tribunal should decide in their favour. The claimant usually goes last on submissions.

Before giving evidence you will be asked to take an oath or affirmation. This is a formal legal commitment to tell the truth. You can use a religious text or affirm without one — both carry equal legal weight.

When cross-examined, answer the question you are asked — not the question you wish you had been asked. If you do not understand a question, ask for it to be repeated or clarified. Take your time. There is no penalty for pausing to think.

Keep your answers factual and measured. Becoming emotional or argumentative rarely helps and can undermine your credibility. If you disagree with something put to you, you can say so calmly and explain why.

If a document is referred to, ask to see it before answering questions about it. You are entitled to read the relevant passage before responding.

Tribunals typically sit from around 10am and rise for a short morning break, a lunch adjournment (usually an hour), and a short afternoon break before concluding at around 4:30 or 5pm. Short hearings may not take a full day.

While you are giving evidence you must not discuss your evidence with anyone during any breaks — not with your representative, not with witnesses, not with anyone connected to the case. If you are mid-evidence when the tribunal adjourns, wait until your evidence is complete before discussing the case.

You should stand when the judge enters or leaves the room, unless directed otherwise. Address the judge as "Judge" or "Employment Judge" rather than "sir" or "madam" (though the latter are not wrong). Speak clearly and at a pace that allows the judge to take notes.

At the End of the Hearing

After submissions, the tribunal retires to consider its decision. In some cases — particularly shorter ones — judgment is given orally on the same day. In longer or more complex cases, the tribunal reserves judgment and sends a written decision by post later, sometimes weeks after the hearing.

If judgment is given orally, the judge reads out the decision and briefly explains the reasons. A written record of the judgment follows in the post. If judgment is reserved, you will receive written reasons without any further hearing.

If you win, a remedy hearing may follow — either immediately or on a separate date — to determine the amount of compensation. If you lose, you have 42 days to appeal to the Employment Appeal Tribunal on a point of law.

Remote and Hybrid Hearings

Employment tribunals can also be held remotely (by video, typically on the Cloud Video Platform), or as hybrid hearings where some participants appear in person and others join remotely. You will be told the format when the hearing is listed.

For remote hearings, make sure your technology works in advance, find a quiet private space with a stable internet connection, and treat the hearing with the same formality as if you were in person. The oath or affirmation is taken remotely in the same way.

Prepare everything before the day

Start My Claim helps you build your witness statement, prepare your schedule of loss, and organise your documents — so you arrive ready.

Hearing Day — Frequently Asked Questions

At least 30 minutes before your listed hearing time. This allows time for security, finding your room, and settling. Lateness can count against you and in very rare cases can result in a hearing proceeding in your absence.

Who sits in an employment tribunal?

An Employment Judge — always present — and up to two lay members, one with an employer background and one with an employee or union background. Some hearings, particularly preliminary hearings, are heard by a judge sitting alone.

What is examination-in-chief?

The stage where you give your own evidence. In most tribunal hearings witness statements stand as the evidence-in-chief, meaning you confirm your statement is true rather than being walked through it. The other side then cross-examines you.

Can I talk to my representative during breaks when I am giving evidence?

No. While you are giving evidence you must not discuss the case with anyone during any adjournment. This is a strict rule and breaching it can damage your credibility significantly.

When will I get the tribunal judgment?

Sometimes the same day for shorter hearings, but often weeks later in writing for longer or more complex cases. You will be told at the end of the hearing whether judgment is reserved.

What happens if I lose?

You have 42 days to appeal to the Employment Appeal Tribunal, but only on a point of law — not because you disagree with the facts the tribunal found. You can also apply to the tribunal itself to reconsider its decision in limited circumstances.