To sue or not to sue

The tribunal hearing

Format

The hearing will be conducted on an informal basis and neither the chairman nor any barristers present wear a wig or gown. The tribunal panel sit at a raised table. The panel consists of a legally trained chairman and two wing members (one will have worked in industry and the other will have trade union experience). The chairman should be addressed as either Sir or Madam. The respondent’s representatives will sit at a table on the left and you and/or your representative will sit at a table on the right. There will also be a separate smaller table from which any witnesses will give their evidence.

The party called upon to go first (generally the respondent) will make a short opening statement and call their witness(es) to give evidence. The witness(es) will then go through their statements with the representative. It’s critical that you have prepared a full witness statement for each person giving evidence on your behalf – and agreed it with them in advance. Otherwise, the evidence they give may wander fairly far from the mark under the pressure of the tribunal surroundings. The other party’s representative (if they have one) will then question the witness in order to check whether their evidence rings true – this can be the scary part of the proceedings. This process is then reversed with the other side’s witnesses. The panel will ask questions of witnesses throughout the hearing. Closing speeches will then normally be made.

The tribunal will retire to consider its decision. You may be informed of its verdict there and then but it generally ‘reserves’ its decision – sending it out by post a few weeks later.

Sounds simple

Yes, in theory. But it’s wrong to underestimate the stress of preparing for and attending a tribunal hearing. What can you do to make things as hassle-free as possible? Here are some ideas:

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