Friday, July 18, 2025
It’s important to know who will be sitting opposite you in the tribunal.
When i say "opposite" it do not mean aross the room, facing you...although this may be how it works out: it all depends on the room's layout...in this sense "opposite" means on the other side of the dispute.
The Respondent: Your Employer or Their Representative
The respondent themselves
The respondent is usually your former or current employer. They will normally be present to explain their side of the story and may give evidence directly.
Respondent’s representative
Often, the employer is represented by a solicitor, barrister, or HR manager. At any final or public preliminary hearing they may well pose questions to you and your witnesses and may present closing arguments.
Positioning in the Hearing Room
Where you’ll sit
You (the claimant) will sit at teh desk with the sign that says "Claimant" or where the clerk tells ytou to sit, with your representative (if any) beside you. The respondent and their lawyer or adviser will sit at another desk.
Witnesses and observers
Behind the main parties, witnesses and members of the public are seated. Witnesses wait until their turn before being called.
What the Respondent’s Representative Does
Asking questions and cross-examination
Their main role is to challenge your evidence. They cross-examine you and your witnesses, testing what you've said to the tribunal.
Making submissions
At the end of all evidence, they’ll present their summary of why their side should win, and you will be given the opportunity to say why you should win. This is not an opportunity to intriduce new evidence, and so you must make sure you cover all aspects of the evidence when questioning your employer's witnesses.
How to Prepare for Who’s Opposite You
Understand their perspective
Their representative may focus on procedure, credibility, or factual inconsistencies. Prepare clear answers and fix key evidence in your mind.
Adapt to their style
Some ask quietly and calmly; others are more aggressive. Keep your composure, respond clearly, and ask the judge to rephrase questions if needed.
Virtual Hearings: Same Roles, Different Format
Remote set-up
Your employer and their representative join via video or telephone in the same way—they’ll still ask questions and sum up, even if you can’t see their expression directly.
Technical preparation
Ensure you can see and hear the respondent well. Background noise, camera angles, or delays can affect communication during cross‑examination.
Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!
Try to settle the dispute without starting a claim.
Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3
Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").
The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.
You will be ordered to exchange all relevant documents with the other side.
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.
This is when your case is decided by the tribunal.
If you win, this stage decides compensation or reinstatement
You may be able to challenge the outcome — but only on limited grounds.
Click here for my free tribunal guide.


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