McKenzie Friends at Employment Tribunal What They Can and Cannot Do
A McKenzie friend offers support and advice at tribunal, but cannot represent you. Understand the rules, how to notify the tribunal, and when to use one.
What exactly is a McKenzie friend?
A McKenzie friend is a person you bring to tribunal to help you prepare and advise you, but who does not represent you in court. Named after the 1970 case McKenzie v McKenzie, they have the right under common law to offer assistance to a litigant in person. They can take notes, research, and advise quietly — but cannot address the tribunal without permission.
Can my McKenzie friend speak in the tribunal?
Only with the tribunal judge's permission. Most judges allow McKenzie friends to ask clarifying questions of witnesses after you've finished, but they cannot make opening or closing statements without explicit permission. Always notify the tribunal in advance that you have a McKenzie friend attending.
What can a McKenzie friend NOT do?
A McKenzie friend cannot: directly represent you (address the tribunal as if they are your solicitor), sign court documents on your behalf, charge a fee (unless you agree it in writing), or act as a registered legal professional. They are advisors only, not advocates.
Do I have to tell the tribunal I have a McKenzie friend?
Yes. You must notify the tribunal in writing before the hearing, and notify the respondent (your employer). Failure to disclose can undermine credibility. Notify the tribunal via a simple letter stating: "I plan to bring [name] as my McKenzie friend to assist me at the hearing on [date]."
Can my McKenzie friend be a solicitor or barrister?
Yes, but they are acting as a McKenzie friend, not as your legal representative. A qualified solicitor or barrister can advise you as a McKenzie friend, but they cannot charge professional fees for that work in tribunal (only in writing separately). This is sometimes used when someone wants help but cannot afford full representation.
What is the difference between a paid and unpaid McKenzie friend?
An unpaid McKenzie friend is typically a family member or friend who helps voluntarily. A paid McKenzie friend (a legal advisor or consultant) charges a fee for their time preparing you and attending tribunal. Both must follow the same rules — they cannot represent you without court permission. Paid McKenzie friends are sometimes more experienced but cost more.
When should I use a McKenzie friend instead of a solicitor?
Use a McKenzie friend if: you cannot afford a solicitor, your case is straightforward (simple unfair dismissal with clear evidence), you want support and confidence-building but not full representation, or you want a skilled advisor helping behind the scenes. Use a solicitor if: your claim involves discrimination, you face a represented respondent, or evidence is complex.
Can I bring a relative as a McKenzie friend?
Yes. A family member can act as your McKenzie friend, but they should understand they cannot speak on your behalf in tribunal. They can help you prepare, take notes, advise you during breaks, and ask witness questions if permitted — but you must conduct your own case. A relative with no legal training may struggle with complex evidence.
Is a McKenzie friend the same as a litigant in person advisor?
Similar, yes. A McKenzie friend is specifically someone who attends tribunal with you. A litigant in person advisor is a broader term for anyone helping you self-represent (including online advisors or researchers). Both are non-professional helpers unless you hire a consultant.
What should I include in my notification to the tribunal?
Write a simple letter addressed to the Employment Tribunal, stating: your case reference number, your name, the respondent's name, the hearing date, and: "I will be bringing [McKenzie friend name] to my tribunal hearing to provide reasonable assistance. [He/She/They] is [relationship/title] and will assist me in preparation and note-taking." Email or post it at least 2 weeks before the hearing.
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McKenzie Friends at Employment Tribunal
What They Can and Cannot Do
Not mandatory — judge discretion
£0–£500+ depending on experience
McKenzie v McKenzie (1970)
What is a McKenzie Friend?
A McKenzie friend is a person who helps you prepare for and attend your employment tribunal hearing, but does not represent you. You conduct your own case and do the talking. Your McKenzie friend sits next to you, takes notes, advises you quietly, and can ask witnesses questions — but only with the judge's permission.
The term comes from a landmark 1970 case where the Court of Appeal ruled that litigants in person (people representing themselves) have the "right to reasonable assistance" — meaning they can bring a non-lawyer advisor to help.
A solicitor or barrister represents you and addresses the tribunal on your behalf. A McKenzie friend advises and assists you, but you remain in control of your case.
What McKenzie Friends CAN Do
A McKenzie friend can:
What McKenzie Friends CANNOT Do
A McKenzie friend cannot:
How to Notify the Tribunal of Your McKenzie Friend
You must tell the tribunal in advance that you plan to bring a McKenzie friend. Send a written letter at least 2 weeks before the hearing. Here's a template:
RE: [Your Name] v [Respondent Name]
Case Reference: [ET Number]
Hearing Date: [Date]
I will be bringing [McKenzie friend full name] to my tribunal hearing on [date] to provide reasonable assistance.
[Name] is [relationship/title, e.g., "my brother", "a legal consultant"] and will assist me in preparing my evidence and taking notes during the hearing.
Send this to the tribunal email or post address on your case documents. Copy the letter to the respondent's solicitor so they are not surprised on the day. Failure to notify can undermine your credibility with the judge.
Paid vs Unpaid McKenzie Friends
McKenzie friends can be unpaid (a family member or friend volunteering) or paid (a consultant or advisor charging a fee).
Unpaid McKenzie Friend
- Trusted person (often family or close friend)
- Moral and emotional support
- May lack legal knowledge or tribunal experience
- Cannot advise on complex law or procedure
Paid McKenzie Friend
- Experienced in tribunal procedure
- Can advise on legal strategy and evidence
- Professional impartiality and objectivity
- Costs £200–£500+ per day or hourly rate
- Still cannot represent you (only advise)
McKenzie Friend vs Solicitor vs Self-Representation
| Aspect | Solicitor | McKenzie Friend | Self-Reps Only |
|---|---|---|---|
| Represents you | Yes | No | You represent yourself |
| Speaks in tribunal | Yes | Only if judge permits | You speak |
| Cost | £300–£500+/hr or success fee | £0–£500+ depending on experience | Effectively zero — tribunal filing is free for claimants |
| Expertise | Qualified lawyer | Varies (experienced to novice) | You learn as you go |
| Best for | Complex claims, discrimination, high value | Straightforward claims, confidence support | Simple claims, clear evidence, tools like Start My Claim |
When to Use a McKenzie Friend
A McKenzie friend is a good choice if:
When to Use a Solicitor Instead
Skip the McKenzie friend and hire a solicitor if:
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Employment Rights Act 1996
GOV.UK Employment Tribunals