Content Hub/FAQ Who will be in Tribunal/Can My Representative or Witness Attend the Employment Tribunal Hearing?

Friday, July 18, 2025

Can My Representative or Witness Attend the Employment Tribunal Hearing?

Public Preliminary Hearings, and Final Hearings, are generally held in public, so you can be accompanied by others. Case Management Hearings, are conducted in private, but, again, you can be accompanied by a representative or a friend.


Who Can Attend Your Hearing: Key Roles
Representatives: Your support in the room
You’re allowed to bring a representative—such as a friend, union official, or McKenzie Friend—who can sit beside you and whisper advice. They're not usually allowed to speak unless the judge explicitly gives permission. Solicitors or barristers can speak for their clients but aren’t mandatory if you’re self-represented

Witnesses: Giving evidence in person
Anyone who has privueed a witness statement for a final or Public Preliminary Hearing, may attend to give evidence and can, if they want to, stay for the whole hearing. You must let the tribunal know beforehand how many witnesses you plan to bring, as this will effect the lenght of the hearing. witnesses are discussed at the case management hearing.

Preparing to Bring Witnesses
Witness orders: bringing in reluctant individuals
If someone won’t attend voluntarily, you can apply to the tribunal for a “witness order” by explaining the evidence they’ll provide and why it matters. Although not common, it can result in fines for non‑attendance.

Things to do before hearing day
Exchange witness statements in advance.

Let the tribunal know how many witnesses and representatives will come.

Confirm logistics—like seating arrangements and timing, especially for multi-day hearings.

What Happens on Hearing Day
Before giving evidence
Before the hearing stars, everyone, including witnesses, wait in separate claimant or respondent rooms. When the hearing starts everyone is permitted into the tribunal roon where they may watch other evidence being given.

Giving evidence
When it’s their turn, each witness goes to the stand, takes an oath or affirmation, and answers questions. Their written statement is taken as read—they don’t read it aloud unless asked. Expect both cross‑examination by the other side and follow-up questions (“re-examination”) from your side, with further questions from the tribunal if needed.

Online Hearings: Virtual Attendance Rules
If your tribunal is remote, witnesses and representatives attend via the official platform (CVP or telephone). Witness mix-ups and interruptions are common, so prepare witnesses to mute mic when not speaking, arrive early, and have documents ready digitally. At the case management hearing orders for any remote hearing that specify what is expected of any witness attending by video.

Why Bringing the Right People Matters
Impact on credibility and outcome
Tribunals place far more weight on statements from individuals who actually turn up and give live evidence—especially in person or via video. Those who don’t attend are seen as less reliable. See my resource on Witness Statements and attendance.

Emotional and practical support
Representatives and witnesses can ease stress, clarify your position, and back up your version of events. Having someone there can help you feel more confident and less isolated.

Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly

🧭 Navigating your Claim

⏳ Chronology of a Claim

Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!

🤝 Informal Resolution

Try to settle the dispute without starting a claim.

📝 Presenting a Claim

Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3

🗂️ Case Management

Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").

⚖️ Preliminary Applications and Hearings

The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.

📂 Disclosure

You will be ordered to exchange all relevant documents with the other side.

🗣️ Witness Statements

You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.

🏛️ Final Hearings

This is when your case is decided by the tribunal.

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔁 Appeals

You may be able to challenge the outcome — but only on limited grounds.

🎥 Other Resources

📚 Free Guide 📘

Click here for my free tribunal guide.

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