Tribunal cases are heard by three people; the Chairman, who could be a man, or a woman who is legally qualified and two lay members, both of who are not legally qualified. One of the lay members will be from an employee background and the other will be from an employer background.

A tribunal claim can take a long time and be a demanding process, there is no guarantee that your case will be won. In a tribunal case it counts to be realistic about the strength of your claim and you should prepare your case thoroughly.

All types of employment law cases, such as; Unfair and or Wrongful Dismissal, Race Discrimination, Sex Discrimination, Redundancy Payment, Disability Discriminations and Bullying are heard in employment Tribunals.

Employment tribunals were set up so disputes between employees and employers could be heard in an informal and accessible place.

Do I need a lawyer to take a tribunal claim? This is a question that is often asked, the answer is simply no you don’t. Tribunals encourage both parties (you and your employer) to represent themselves.

Another query that often worries people is if they have to pay to make a claim. There is no fee to be paid for making a Tribunal claim. The only cost to you is if you are paying a representative, i.e. a solicitor.

The Tribunal Process starts when a claim is brought into one of the 21 tribunal offices in England and Wales. There are strict time limits as to when you can do this with most cases being three months, meaning if, for example, you were dismissed from work on the 31st of August, you have to get your application to the Tribunal before the 29th of November.

Certain information is needed from you when making a claim; dates of employment, hours worked, earnings and reasons for the claim. The employer/organisation then has 21 days to return a form, which states whether the details given in the claim form are correct and listing reasons as to why they intend to contest the proceedings.

Before the main hearing, several types of hearings can take place. One of these is Directions Hearings, which allows the Tribunals to clarify the issues on which decisions will be made, although evidence is not normally given at that point. This type of hearing is done before a chairman only, who will make orders to do with the case, such as the dates by which each side (employee and employer) will have to disclose documents to each other, complete the joint documents that will be used at the hearing, exchange statements of their witnesses and fix a date for the main hearing.

Employment Tribunals are open to the public and it is recommended that you visit an employment Tribunal before you appear at your own case so you know what to expect.

On the day of your claim you will be taken into the claimant’s waiting room, where a Tribunal Clerk will take your name and any documents you have for the Tribunal.

Your employer may try to stop the hearing going ahead by offering to settle the case, you shouldn’t be put off by this as any decision is yours to make. It is also best to have an idea in mind as to what you want from the hearing, money or an apology; if you win your claim for money you should have a payslip and your P60 with you.
In the hearing itself the tribunal members are seated at the front of the room behind a desk. Facing this desk is another table where your employer, known as the respondent, you, the claimant and any advisers sit. Behind them are rows of chairs where any witnesses or members of the public are seated. To one side of the room, there will be a place for witnesses to give their evidence.

The way the evidence is given in an employment Tribunal is when you, the claimant give evidence, you read out your pre-prepared written statement. Once you have gave your evidence you will be cross examined by your employer and the employment Tribunal. Your witnesses will then give evidence.

During the hearing if the Chairman feels an issue hasn’t been explained properly, he or she can question the witness directly as the employment Tribunal have to have a clear understanding of what happened.

When all the evidence has been presented you have a chance to sum up the case, with the Chairman making a note of what each witness says.

The tribunal will then give it’s decision. This either happens on the day of the hearing or through the post at a later date. If your case was successful the Tribunal will probably state that you have been discriminated against and recommend what your employer should do in future to avoid discrimination. You will also be awarded money for past and future loss of earnings. If however your case is unsuccessful you can appeal against the decision.