In this section you will find out how you can prepare for your hearing, what will happen at your hearing and what happens afterwards.

• What are the different types of Employment Tribunal hearings?
• Can I have representation at my hearing?
• What do I need to do to prepare for my hearing?
• What documents will I need to take to the hearing?
• Can I bring witnesses to the hearing?
• What do I need to do about compensation and remedy?
• What will happen at my hearing?
• Will I receive a written judgment?
• Will I be expected to pay to go to Tribunal?
• Can I claim expenses?
• Attending the tribunal
• What should I do if I do not receive the award made?
• What do I do if my employer is insolvent?

What are the different types of Employment Tribunal hearings?

Case management discussions

These are held to:

• clarify the issues in the case;

• decide what orders should be made about matters such as documents and witnesses; and

• decide the time and length of the full hearing.

This type of hearing will normally be held in private, before an Employment Judge sitting alone, or over the phone.

Pre-hearing review

These are held to:

• decide whether the claim or response should be struck out;

• decide questions of entitlement to bring or defend a claim;

• decide, if either side's case appears weak, whether a deposit needs to be paid and, if so, how much, before that side can go ahead.

The letter giving you the date of the hearing will state the matters to be decided at the pre-hearing review. Unless the pre-hearing review is only to consider whether a deposit should be paid, it may well be necessary for evidence to be given at such a hearing. You will need to decide which witnesses (if any) and evidence to bring, bearing in mind the specific matters which the Tribunal will be considering at this stage.

This type of hearing is normally held in public before an Employment Judge sitting alone, but may also be held over the phone.

The final hearing

This is the hearing that:

• decides whether the claim succeeds or fails and, if it succeeds,

• what remedy is appropriate.

This type of hearing will normally be conducted by a full Tribunal which includes an Employment Judge and two non-legal members.

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Can I have representation at my hearing?

Yes, you can have representation. Even if you have represented yourself or your own organisation up to the date of the hearing, it may be possible to arrange representation at the hearing itself.

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What do I need to do to prepare for my hearing?

Please make sure that you arrive at your hearing centre no later than 30 minutes before your hearing is due to start, making allowances for possible travel delays.

It can be useful to watch a hearing at a Tribunal so you can understand the procedure and see what happens. You can do this by contacting any Tribunal office and ask if there is a suitable hearing for you to observe.

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What documents will I need to take to the hearing?

You may have been ordered by the Tribunal to disclose your documents to the other party. But even if you have not you must make sure that the other party has reasonable notice, (at least seven days) of any documents which you plan to use at the hearing to support your case.

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Can I bring witnesses to the hearing?

You can bring witnesses to the hearing to give relevant evidence. Even if you have not been told to, it is helpful if you let the tribunal know beforehand how many witnesses you plan to bring. You may have been ordered by the tribunal to produce a written statement of your own evidence and for your witnesses. But even if you have not you may wish to consider doing so. However, in Scotland you should not do so unless ordered by the tribunal.

If you believe that a witness may have something of value to contribute to the evidence they should attend the hearing, rather than relying just on the contents of signed statements. This is especially important if you believe that the other side would challenge what the witness has to say. It is your responsibility to make sure that your witnesses come to the hearing.

You may ask the tribunal to issue a witness order which will summon someone that you want to have at the hearing, even if they do not want to be there. You must apply in writing well before the hearing.

If you do so you will need to tell the tribunal:

• the name and address of the witness;

• what the witness will say and how it will help your case; and

• why the witness is not willing to come to the hearing voluntarily.

From 6 April 2012 only witnesses called to give medical evidence will be paid by the tribunal. Any other witnesses called by either party should be paid by that party, unless the tribunal makes a specific order for the payment of expenses.

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What do I need to do about compensation and remedy?

If you are the claimant

You will need to produce evidence of what you want. If you do not provide this information, you may not only recover less than you might otherwise be entitled to, but, if a further hearing is needed as a result of your failure, an order for costs could be made against you.

If you are the respondent

You should produce any evidence and submissions which relate to what the claimant is looking for if their claim is successful.

If the claimant succeeds in a complaint of unfair dismissal (or failing to allow a woman to return to work after pregnancy) the tribunal may consider ordering reinstatement or re-engagement. As a result you should be prepared to give evidence at the hearing as to:

• the availability of the job which the claimant held or of similar jobs;

• whether you would take the claimant back either in the old job or in a similar one; and

• your reasons if you say it would not be practical or possible to reinstate the claimant.

You should also be prepared to give evidence at the hearing as to what you would consider to be appropriate compensation and how you arrive at your assessment.

If the claimant was a member of a pension scheme, you must bring to the tribunal the following information:

• Whether the scheme was a money-purchase or a final salary scheme.

• If it was a final-salary scheme, what is the value of the deferred pension.

• The retirement age under the scheme.

• The amount of the employers' contribution to the scheme.

If you do not give the tribunal the information we ask for, a further hearing may be needed which could cause an order for costs to be made against you.

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What will happen at my hearing?

When you arrive at the tribunal you should report to reception. Before the hearing a tribunal clerk will discuss with you the number of witnesses you have and collect any documents you may have brought for the tribunal. The letter we send you will tell you how many copies to bring. You should tell the clerk if you or any of your witnesses have any special needs or concerns.

The Employment Judge will make sure that you take the steps described below in a calm and measured way. However, he or she may have to be firm in moving the case on to make sure that it proceeds at a pace which allows it to be dealt with within the time set aside.

Generally in an unfair dismissal case the respondent will give evidence and call any witnesses first, while in a discrimination case the claimant will normally be first to give evidence followed by any witnesses. However, there is no absolute rule as to which side starts and this will be discussed with you before the hearing begins.

You and your witnesses will have to give evidence on oath or affirmation. If you lie after swearing an oath or affirmation you could be convicted of perjury. In England and Wales you may give evidence by reading a prepared written statement if you want. You or your witnesses can then be asked questions by the other side (this is called 'cross-examination'). You or your witnesses can then give further evidence to clarify matters which came up when being asked questions by the other side 're-examination'). Finally, the Employment Judge and members may ask some questions.

The same procedure is then usually followed for the other witnesses and then with the claimant. Once all the evidence has been heard, both sides can sum up before the tribunal retires to consider their judgment. Unless the tribunal 'reserves' its judgment, the Employment Judge will announce the judgment at the end of the hearing. If the judgment is reserved you will receive it in writing at a later date. This may happen in complicated cases or if there is not enough time on the day of the hearing to come to and announce the judgment.

If the claim succeeds the tribunal will normally expect to deal with compensation issues at the hearing. The time set aside for the hearing will usually include time for this.

Guidance booklets

The judgments are also available in Braille, on audio tape, in large print and on disk.

The hearing, Guidance for claimants 
This booklet explains the different types of Employment Tribunal hearings, how to prepare for them, what happens at them and afterwards.

The hearing, Guidance for claimants and respondents 
This booklet explains the different types of Employment Tribunal hearings, how to prepare for them, what happens at them and afterwards.

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Will I receive a written judgment?

We will always send a written judgment to you or to your representative. Written reasons for the judgment will also be given if you ask for them at the hearing or make a written request within 14 days of the date that the judgment was sent to you.

The judgment is also available in Braille, on audio tape, in large print and on disk.

The judgment 
Please read this booklet carefully. It explains how to enforce the Employment Tribunal judgment and how you can challenge the judgment either by applying for a review or appealing to the Employment Appeal Tribunal.

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Will I be expected to pay to go to Tribunal?

In most Employment Tribunal cases, each side will pay their own costs. However, in certain circumstances, the tribunal may order one side to pay costs (in Scotland, expenses) to the other. Those circumstances can include if one side has behaved unreasonably in the way they have carried out the case or if a tribunal thinks that a claim was so weak that it should not have been brought.

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Can I claim expenses?

If the claim was made on, or before 5 April 2012, then you, your witnesses and volunteer representatives (for example, unpaid representatives from a citizens’ advice bureau) may be entitled to travelling costs and other allowances when going to a tribunal hearing. Download a copy of the guidance leaflet 'Expenses and allowances payable to parties and witnesses attending an Employment Tribunal', to see what you are entitled to. You can also get this from the Public Enquiry Line 0845 795 9775 or any tribunal office. We will not pay legal costs.

Where an employment tribunal claim is made on, or after, 6 April 2012 expenses and allowances will only be paid to witnesses called to give medical evidence or to medical professionals asked provide medical reports. Any other witnesses called by either party should be paid by that party, unless the tribunal makes a specific order for the payment of expenses.

Costs are known as expenses in Scotland.

Forms and Guidance booklets

Expenses and allowances payable to parties and witnesses attending an Employment Tribunal (PDF 0.03mb)

Party/witness claim for attending an employment tribunal (PDF 0.16mb)

Declaration from a party/witness who is self employed and claiming loss of earnings (PDF 0.00mb)

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Attending the tribunal

We aim to give you at least 14 days notice of the date of your hearing, and we will send you, or your representative, the following information:

• Our information booklet 'The hearing';
• We will direct you to a map showing how to get to the tribunal office. This will give details of public transport and any car parks near to the office.
• Details of our facilities, including refreshments, phones and the nearest place where you can take photocopies.
• A leaflet explaining which expenses you may be able to claim.

At your request, we can arrange for hearings in Wales to be carried out in Welsh.

Please remember that we do not normally contact you again once we have arranged the hearing date. If we have to change the date of your hearing, we aim to let you know as soon as possible.

Before the date of your hearing, you can ask to watch another hearing so you will know about the procedures and what to expect. To do this, please contact the Customer Services Officer at the office dealing with your case.

When you come to the tribunal, you will find:

• polite and helpful staff who will be wearing name badges;
• clear signs to help you find your way around; and
• details of our performance against our current standards.

We normally provide separate waiting rooms for people from opposing sides of a case. For example, claimants, and anyone acting in support of their case, will be seperated from the respondent.

In every office, we have a notice giving the name of the Customer Services Officer who can help if you have any special needs or suggestions about improving our service. If you would like to speak to the Customer Services Officer, please ask any member of our staff.

You can help us by arriving in good time for your hearing and letting us know beforehand if you need any special arrangements for access or other facilities.

We display notices in our public areas giving the names of the Employment Judge, tribunal members and tribunal clerks involved in each case.

We will try to deal with your case as quickly as possible but delays can happen, for example, because the case before yours takes longer than planned. We aim to deal with as many cases as possible during each day. This might mean a number of cases are 'unallocated' and will start as soon as there is a tribunal available. We also aim to tell you as soon as possible if a tribunal cannot hear your case that day.

We will send you a booklet called ‘The judgment’ with the tribunal´s written judgment. The booklet explains how to apply for a review or appeal against the judgment, and the relevant time limits.

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What should I do if I do not receive the award made?

In England and Wales, you can ask your local county court to enforce payment as soon as you have received the written judgment. You can get the address of your local county court from your public library, Citizens Advice, the Legal Services Commission or the Court Service Helpline on 0845 456 8770 or or the Court Service's (HMCTS) website.

The county court will need to see your copy of the tribunal’s judgment.

Leaflets are available, either at the county court or online which explain how to enforce your judgment. As a start you may wish to ask for leaflet EX328 which explains what options you have.

If you need a certified copy of the judgment, you can get one free of charge by writing to:

The Secretary to the Tribunals
First Floor
100 Southgate Street
Bury St Edmunds
IP33 2AQ

In Scotland, you should write to the office in which your case was heard asking for an extract of the judgment. The Secretary will issue an extract to you which a Sheriff Officer may use to enforce the payment. Once the extract has been issued by the Secretary, the tribunal can do no more to help you with enforcement. Do not ask for an extract until the end of the time allowed for appeal to the Employment Appeal Tribunal (EAT), that is, 42 days from the date on which the judgment was sent to you.

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What do I do if my employer is insolvent?

Redundancy and other payments and insolvent employers

If the tribunal has decided that you are entitled to a redundancy payment and you are having difficulty getting your former employer to pay you, or it made an award for unpaid wages, holiday pay, notice pay or guaranteed pay and your employer is insolvent, you should contact the Redundancy Payments Service at one of the following addresses.

For
Birmingham, Cambridgeshire, Cheshire, Cornwall, Derbyshire, Devon, Dorset, Essex, Gloucestershire, Hampshire, Herefordshire, Isle of Wight, Lancashire, Leicestershire, Lincolnshire, Manchester, Norfolk, Northamptonshire, Nottinghamshire, Oxfordshire, Rutland, Shropshire, Somerset, Staffordshire, Wales, Warwickshire, West Midlands, Wiltshire and Worcester.

You need to write to the following address

7th-9th Floor
Hagley House
83-85 Hagley Road
Birmingham
B16 8QG

For
Bedfordshire, Berkshire, Buckinghamshire, Hertfordshire, Kent, London, Suffolk, Sussex and Surrey.

You need to write to the following address

PO Box 15
Exchange House
60 Exchange Road
Watford
WD1 7SP

For
Cleveland, Cumbria, Durham, Merseyside, Northumberland, Scotland, Teesside, Tyne and Wear and Yorkshire.

You need to write to the following address

Ladywell House
Ladywell Road
Edinburgh
EH12 7UR