Handling employment tribunal claims

Tribunal procedure - the main hearing

Employment tribunals hear claims about a wide range of employment matters. In some cases, such as claims for a breach of contract, the claimant also has the option of going to a civil court.

Employment tribunals are courts, though less formal than other courts. The chairman is an experienced employment lawyer. In most hearings there are also two lay (non-legal) members, appointed because of their experience as, respectively, employers and employees.

The main hearing is heard - sometimes by the chairman alone, but usually by a full tribunal - to decide outstanding aspects of the claim and apply remedies (outcomes) if the claimant is successful. It can be held in the absence of either side.

Each party and their witnesses usually give evidence on oath/affirmation. Anyone discovered lying on oath could be convicted of perjury, a serious criminal offence that can result in a prison sentence.

Witnesses can be asked questions by the other side, the lay members and the chairman. When all evidence has been given, both sides will sum up their case. The tribunal comes to a decision in private and informs both parties of the judgment and reasons, either orally at the hearing, or in writing afterwards. Appeals are limited and must be on points of law. See the page in this guide on challenging a tribunal judgement.

Find guidance on what happens at a tribunal hearing on the Employment Tribunals website.

Subjects covered in this guide

• Introduction
• What happens after an employment tribunal receives a claim
• Alternative ways of resolving employment disputes
• Acas conciliation
• Preparing for a tribunal case
• Tribunal procedure - hearings before/after the main hearing
• Tribunal procedure - the main hearing
• Possible outcomes from tribunal cases
• Challenging a tribunal judgement

 

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