Who Will Be Sitting Opposite Me in the Tribunal?

It's important to know who will be sitting opposite you in the tribunal.

When I say "opposite" I do not mean across 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 the desk with the sign that says "Claimant" or where the clerk tells you 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 introduce 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.