Who Asks Questions During an Employment Tribunal?

It's important to identify who asks questions during an employment tribunal.

Questioners in the Hearing Room

Questions From Your Representative Generally, your evidence will come from your witness statement which the tribunal will have read. Your representative (if you have one) may ask you supplemental questions in what's called examination-in-chief, and will address matters that have arisen from the Respondent's witness statements and which could not have been reasonably foreseen.

Cross-Examination: Opponent's Representative Next, the respondent's representative (like a solicitor, barrister, or HR manager) will cross-examine you. These questions are often leading and test the reliability of your evidence. They may come in short, even yes/no form, and challenge your credibility or memory.

Tribunal Panel: The Judge and Lay Members

Judicial Questions During the Hearing After your evidence, or at any time, the Employment Judge or Non-Legal Members may ask follow-up questions. These aim to clarify facts or ensure fairness. If your side is unrepresented, expect more frequent questions from the judge.

The Order of Questioning

Step-by-Step Process

1. Examination-in-Chief – by your side first; introduces your evidence.
2. Cross-Examination – challenging from the respondent's side.
3. Re-Examination – your representative may clarify new issues.
4. Judicial and Panel Questions – follow-up queries from the judge and lay members.
5. Re-examination: if your representative thinks that an answer you gave was unclear, they will get an opportunity to ask you questions here to clarify.

Practical Tips for Answering Questions

Keep Answers Short Honest Answer the question asked—don't speculate or guess. If you don't know, it's fine to say so. Brief, accurate answers build credibility.

Address the Tribunal, Not the Questioner Always speak to the judge or panel. Even if someone else asks the question, direct your answer to them. Frame your feet and gaze toward the tribunal.

Pause and Clarify If Needed If a question is confusing, ask the tribunal or opposing representative to repeat or rephrase. It's better to clarify than misinterpret.

I will soon have a resource on witness familiarisation that addresses the process of a Final Hearing and how to assist the tribunal when giving evidence.