Do you know what happens' at an Employment Tribunal?
The Employment Tribunal procedure is designed to deal with claims brought against employers by employees, which have not been resolved by informal discussions or through the mandatory ACAS Early Conciliation procedure. Although Employment Tribunal hearings are not as formal as court hearings, attending an Employment Tribunal can be a daunting experience for claimants, respondents and witnesses. Here we have a look at what to expect on the day.
Who will hear the case?
If the case proceeds to a full hearing, it may be heard by a judge sitting alone, or in the case of more complex matters (such as discrimination claims) by a panel of three people:
-A legally qualified employment judge; and
-Two lay members (subject to certain exceptions).
One lay member should have experience on the employer's side of disputes (generally HR experience) and other lay member should have experience from the trade union movement.
What to expect when you arrive?
On arrival at the Employment Tribunal, you will be required to sign in at the reception. You will then be directed to the waiting room nearest to the tribunal room where the matter will be heard. Those attending for the respondent and the claimant witnesses are kept in separate rooms.
Employment Tribunal Procedure
At the hearing, the claimant and the respondent will have the opportunity to put their case to the Employment Tribunal. Normally the employee will give evidence first, except at unfair dismissal cases where the employer goes first. However there is no absolute rule as to which side starts and it is at the discretion of the judge to request which party they want to hear first.
All witnesses have to give evidence on oath or affirmation. If a witness lies after swearing an oath or affirmation they can be convicted of perjury.
In Scotland there is no provision for witness statements. Each witness will give their evidence orally and once this is finished the other side will then be given the opportunity to ask the witness questions. This is known as cross examination. The employment judge and other members of the tribunal may also ask the witness some questions.
Judgement
Once all the evidence has been heard, the employment judge will either announce the judgement on the day, or reserve their position and send out a judgement at a later date. Judges and non-legal members are completely independent and they make decisions impartially. Once the judgement is issued in respect of a particular case the matter is determined and, subject to an appeal or a review, it cannot be reopened.
