Content Hub/FAQ/Who will be in tribunal FAQ

Friday, July 18, 2025

FREQUENTLY ASKED QUESTIONS ABOUT who will be at your hearing

Not sure who’s who at your tribunal? Get clear, simple answers here.​

Who will be present at my employment tribunal hearing?

Most hearings include an Employment Judge, the parties (you and the employer), and possibly lay members. Some hearings are judge-only.

What does the employment tribunal panel consist of?

In some cases, the panel includes one legally qualified judge and two lay members (one from an employer background, one employee). Many hearings are judge-only.

Is there a jury in an employment tribunal?

No. There is no jury. Decisions are made by the judge alone or a panel including lay members, depending on the type of case.

Who is the employment tribunal judge?

The judge is legally qualified and responsible for managing the hearing, asking questions, and making legal decisions in your case.

What do tribunal lay members do?

Lay members bring real-world experience of workplaces. They help decide cases alongside the judge in certain types of hearings, like discrimination or unfair dismissal.

Can my representative or witness attend the hearing?

Yes. You can bring a representative and any witnesses you’ve listed. The employer can do the same.

Who will be sitting opposite me in the tribunal?

Usually, a representative for your employer (often a solicitor or barrister), and sometimes HR staff or managers involved in the case.

Can the public attend employment tribunal hearings?

Yes. Most hearings are open to the public, unless privacy restrictions apply. Anyone can sit in the public gallery.

Who asks questions during an employment tribunal?

The judge and the other side’s representative can ask questions. You may also question their witnesses (this is called cross-examination).

What happens if a panel member has a conflict of interest?

They must step aside. You can raise concerns before or during the hearing if you think someone on the panel can’t be impartial.

RELATED RESOURCES

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Here is the Presidential Guidance on Panel Composition that sets out some of the factors the tribunal will consider when deciding if your claim will be heard by an Employment Judge alone, or by a full panel of three.

Here is the Equal Treatment Bench Book, that guides tribunals as to how to achieve a fair hearing.

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.

πŸ“ Presenting a Claim

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

πŸ—‚οΈ Case Management

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

βš–οΈ Preliminary Applications and Hearings

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

πŸ“‚ Disclosure

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

πŸ—£οΈ 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.

πŸ›οΈ Final Hearings

This is when your case is decided by the tribunal.

πŸ’· Remedies

If you win, this stage decides compensation or reinstatement

πŸ” Appeals

You may be able to challenge the outcome β€” but only on limited grounds.

πŸŽ₯Β Other Resources

πŸ“šΒ Free GuideΒ πŸ“˜

Click here for my free tribunal guide.

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