This fact sheet gives you FACTS and TIPS regarding your rights when considering bringing a claim against your employer. The below information is correct as of January 1st 2025 and was kindly drafted for Pregnant Then Screwed by Law student volunteers from Chester Community Law Project (based within The University of Chester’s School of Law and Social Justice).

Fact: Your final hearing can either take place in person or via video.

Things to do before the hearing:

Make sure you have completed all the requests the tribunal services have asked from you; these can be found in the case management order and/or the directions.

Carefully read through all information, bundle, and witness statements.

For online hearings, make sure you have access to a computer, tablet or mobile device with a camera, test the device to make sure it works and ensure that you are in a quiet and private room for the tribunal.

If you are uncomfortable speaking English, you can request an interpreter ahead of the hearing free of charge.

Tip: many tribunal hearings are public and you can go and sit in a hearing, so you know what to expect. If you wish to do this, you should contact the tribunal in advance to ask if you can do this, so they know to expect you.

Fact: For both video and in-person tribunals, it is important to have: a copy of the bundle, your list of questions and notes from reading the bundle beforehand, and a pen and paper/laptop for taking notes.

Fact: You should refer to the employment judge as ‘Judge’.

Tip: If the case has non-legal panel members sitting then they should be referred to as Your Colleagues or Sir/Madam.

Fact: The tribunal’s day typically runs from 10am to 4pm, the tribunal will give breaks during this time at intervals that they deem natural. The tribunal will also break for lunch.

Tip: If you have any special requirements or circumstances that means you would require breaks at specific intervals or times you should let the tribunal know beforehand to allow them to accommodate this.

TIP: the tribunal may also allocate themselves reading time at the start of the first day of the hearing. This happens quite regularly so it’s good to be prepared for that to happen as it means you’ll be waiting a bit longer to actually start the hearing.

Fact: When you arrive, the clerk will escort you to a waiting room, they will then escort you into the tribunal room. Once in the room, the judge will start proceedings by introducing themselves and the other panel members (if any) and then clarifying some facts of the case.

Tip: You should arrive approximately 30 minutes before the start of the tribunal – so around 9:30am – and should report to the reception desk.

Fact: The order in which the evidence is presented will differ depending on what type of case is being heard.

In an unfair dismissal case, your employer will usually be asked to present their evidence and witness statements first (and you can then ask them questions), followed by you.

In a discrimination case, you would usually go first, followed by your employer.

Fact: once both sides have put forward their evidence, you will have an opportunity to give a closing statement, in which you sum up your arguments and highlight any relevant evidence that supports your case.

Following the conclusion of closing statements, the judge will adjourn the hearing to deliberate. They will then either return and deliver their decision or reserve their decision – meaning a written judgment will be sent out instead.

A judgment may be reserved if the case is more complex, or the tribunal has run out of time to finish before the end of the day. In this situation, the judgment will be sent to the parties in writing at a later date.

If the hearing is not completed on the day, the tribunal will postpone the hearing and attempt to find a new date to continue, this is known as being ‘part-heard’.

Tip: It is important to note that a part-heard case may not have its second hearing until many months later.

Fact: If your claim is successful, the tribunal will need to hold a remedies hearing to decide what remedies you should be awarded.

Tip: A remedies hearing can take place on the day (this will occur for simple matters such as unpaid wages). If your case is more complicated, there will be a separate remedies hearing set for another day for discussion of how much compensation (or which other remedies) should be awarded.

To find out more about this project, click here.