HMCTS who's who: Employment Tribunal
An explanation of the people who may be present at an employment tribunal hearing.
The claimant
The claimant is the person bringing the case against the respondent. Their case is usually about a dismissal, a resignation, unpaid money or something that happened during the employment. The claimant will give evidence about what happened and the respondent, or their representative will usually have an opportunity to ask them questions.
The claimant’s representative
The claimant may be represented by a professional, like a lawyer. Sometimes they may be represented by a:
- trade union official
- volunteer adviser
- friend
- family member
The claimant or their representative will usually ask the respondent and their witnesses questions. At the end of the evidence, the representative may also provide a summary of the claimant’s case to the tribunal.
The respondent
The respondent is usually the employer being taken to the tribunal by the claimant. The respondent may be an individual, a partnership, a company or a public body. The respondent will give evidence about what happened. They may have a professional representative with them. The claimant, or their representative, will usually have an opportunity to ask questions.
The respondent’s representative
The respondent may be represented by a professional, like a lawyer. Sometimes they may be represented by someone else such as a human resources adviser. A smaller employer may be represented by its owner or manager. The respondent or their representative will usually ask the claimant and their witnesses questions. At the end of the evidence, the representative may also provide a summary of the respondent’s case to the tribunal.
The witness
Both the claimant and respondent may bring witnesses to the hearing. This is to provide evidence to support their case. Witnesses will give their evidence on oath or they may affirm. To affirm means to promise the evidence being given is true.
The employment judge
The judge will hear and decide the case. Depending on the case, they may be accompanied by two non-legal members. If the panel includes non-legal members, all three will play an equal part in reaching the decision. If the panel does not include them, the decision will be the judge’s alone.
The judge makes sure that the hearing runs smoothly and within the time allocated. They usually start the hearing by checking that the parties understand the points where they disagree and the legal issues that the tribunal must decide. The judge may announce the judgment at the end of the hearing. Sometimes the judgment will not be announced, but will be sent in writing to the parties at a later date. The judgment is a public document and will be placed on a website.
The non-legal members
Sometimes there will be two non-legal people on the panel, called ‘members’. One will have experience of work from the view of management and the other from the view of employees or trade unions. The members may also ask questions of the parties and their witnesses.
The tribunal clerk
The clerk will show people where to sit in the hearing room. Sometimes the clerk will stay in the hearing. They can help witnesses to take the oath or to affirm. To affirm means to promise the evidence being given is true.
The press/media
The media can attend most tribunal hearings by law. This includes those with reporting restrictions in place. A key part of open justice is the reporting of hearings by the media.
The public
Employment tribunal hearings are normally held in public. This means that people may sit quietly and listen at the back of the room. This may include:
- family members
- work colleagues
- students
- members of the press
Please note this is a representation only – the people in the room may be different. Not all courts look exactly alike.