How to Represent Yourself At an Employment Tribunal

You have the right to represent yourself. You don't need a solicitor. With proper preparation, clear evidence, and calm demeanour, litigants in person often win.

Do I have the right to represent myself?

Yes, absolutely. You have a statutory right to appear in person and conduct your own case. You do not need a solicitor or barrister. The tribunal expects litigants in person (people representing themselves) and will try to be fair. However, you're expected to follow tribunal rules and evidence law — you don't get special favours just for not having a lawyer.

Can I have a McKenzie friend?

Yes. A McKenzie friend is someone (a friend, family member, volunteer advocate, or unpaid advisor) who can sit next to you in the hearing, take notes, and whisper advice. They cannot address the tribunal, examine witnesses, or formally represent you — only you can do that. McKenzie friends are common and useful. Let the tribunal know in advance.

What if I need a lawyer but can't afford one?

Legal aid is not available for employment tribunal claims (with rare exceptions). Most employment law firms work on "no win, no fee" (conditional fee agreement) — they only charge if you win, taking a percentage of your award (usually 20–35%). You can also ask the tribunal for a cost order against the employer if they've acted unreasonably, which can cover some legal costs. But you can absolutely represent yourself without a lawyer.

Do I have to give a witness statement?

Your evidence will come primarily from your witness statement — a signed account of what happened, written before the hearing. You also give evidence orally at the hearing, where you're questioned by your side and cross-examined by the employer's lawyer. You must attend the hearing in person (unless exceptional circumstances). Not attending means your case is likely struck out.

How do I cross-examine the employer's witnesses?

Cross-examination is where you question the other side's witnesses. You get to challenge their evidence, suggest they're lying or mistaken, and present your version of events. Ask open questions, listen carefully, and don't argue — let the judge draw conclusions. If you don't cross-examine, the judge may assume you accept what they've said. Practice this if possible.

What should I wear and say at the tribunal?

Wear smart, formal clothes (suit, dress, business wear). Avoid jeans, t-shirts, or casual wear. Address the judge as "Sir" or "Madam" (or "Judge" if they introduce themselves that way). Speak clearly, calmly, and truthfully. Don't lose your temper, even if provoked. If you don't know an answer, say so — the judge will respect honesty more than a made-up answer. Be respectful but not deferential.

Can I submit written arguments instead of speaking at the tribunal?

You can submit written skeleton arguments before the hearing, but you'll still need to appear and explain your case orally. The judge wants to hear from you, ask questions, and see how you respond. Written arguments help — they clarify your case — but they're supplementary to oral evidence.

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How to Represent Yourself

At an Employment Tribunal

You have the right to represent yourself. You don\'t need a solicitor. With proper preparation, clear evidence, and calm demeanour, litigants in person often win.

Right to represent yourself

Can help with advice

Preparation is everything: building your evidence bundle

Your case lives or dies in preparation. The tribunal expects a professional, organised bundle of evidence. This is where you demonstrate your attention to detail and credibility.

Your bundle should include:

Indexed and paginated documents

Number every page (1, 2, 3...). Create an index listing what each page contains. Example: "Page 5–10: Email correspondence June 2023" or "Page 15: Payslip, January 2024." The judge will refer to page numbers in the judgment.

Arrange documents by date (earliest first). This tells a coherent story. Emails, messages, payslips, and complaint letters should follow the timeline of events.

Clear separators and tabs

Use dividers or tabs to separate sections: "Contract & Policy," "Correspondence," "Payslips," "Complaints," etc. This helps the judge navigate quickly.

Authentic copies only

Don\'t alter, redact (unless legally required, e.g., for privacy), or manipulate documents. Courts assume forgery if documents look suspicious. If you\'ve edited something for clarity, say so.

Copies for all parties

Print or bind copies of the bundle for the judge, the tribunal, and the employer. The employer is entitled to see your evidence. Multiple copies = professional presentation.

Witness statements: your written evidence

A witness statement is a signed, sworn document setting out your account of what happened. It\'s crucial — it\'s your primary evidence. The judge reads it carefully and uses it to question you at the hearing.

Good witness statements:

Are written in first person ("I said," "I felt") and chronological order.

Include specific dates, times, and locations ("On 15 March 2023, at 2:00 PM in the office").

Distinguish between what you know from memory, what you know from documents, and what others told you.

Are honest and balanced — acknowledge weaknesses in your case. Judges respect honesty.

Include a statement of truth: "I believe the facts in this statement are true."

At the hearing, you\'ll "adopt" your witness statement (confirm it\'s true) and then be questioned by the employer\'s lawyer. This is where the real examination happens. Be prepared for tough questions.

Giving evidence: examination and cross-examination

At the hearing, you\'ll give evidence in two stages:

Examination in chief (your side)

You (or if you have legal representation, your lawyer) go through your witness statement. You may be asked open questions to clarify or expand points. This is your opportunity to tell your story.

• • Speak clearly and calmly
• • Pause before answering (shows you\'re thinking, not guessing)
• • If asked something you don\'t know, say "I don\'t know"
• • Don\'t volunteer information beyond the question
• • Reference documents if they help (e.g., "As shown in the email at page 15...")

Cross-examination (the employer\'s side)

The employer\'s lawyer will challenge your evidence. They\'ll ask tough questions, suggest you\'re lying or mistaken, and present their version of events. This is not a conversation — they control the questions.

During cross-examination:

• • Listen carefully to the question and answer only what\'s asked
• • Don\'t argue with the lawyer — the judge will assess credibility
• • If you don\'t agree with a suggestion, say so clearly ("That\'s not true" or "I don\'t agree")
• • If you\'re unsure about a document, say so — don\'t guess
• • Stay calm, even if accused of dishonesty. Anger damages credibility.
• • Pause and think before answering — don\'t be rushed

Cross-examination is the hardest part. Prepare thoroughly, anticipate difficult questions, and practice staying calm. Your composure and honesty matter as much as your answers.

Closing arguments and tribunal etiquette

After all evidence is heard, you\'ll make closing submissions — your chance to tie everything together and explain why you should win.

Making closing submissions

Don\'t just repeat your case. Instead: (1) summarise the key facts you\'ve proven; (2) refer to relevant law; (3) explain how the law applies to your facts. You can speak from notes, but avoid reading a script word-for-word — the judge wants engagement. Typically 15–30 minutes, depending on case complexity.

Address the judge as "Sir" or "Madam." Stand when speaking (unless the judge says sit). Don\'t interrupt — wait your turn. If the judge asks a question during the employer\'s speech, answer honestly. Refer to documents properly ("As stated in page 23, paragraph 2...").

Don\'t be rude, sarcastic, or lose your temper. Don\'t accuse the judge of bias. Don\'t make up evidence or claims you haven\'t proven. Don\'t bring witnesses who haven\'t been properly disclosed. Don\'t use foul language. These behaviours result in sanctions or dismissal of your case.

The judge is assessing your credibility throughout. Even if your case is weak, calm, honest behaviour earns respect. If you lose, the judge may be sympathetic if they see you\'ve tried fairly.

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Employment Rights Act 1996

GOV.UK Employment Tribunals