How do Employment Tribunal hearings differ from magistrates' court hearings?

Employment Tribunals operate in an inquisitorial style, meaning the judge takes an active role in the proceedings. This differs from magistrates' courts. Because of this approach, thorough preparation is essential, including a well-organised document bundle, comprehensive witness statements, and a clear understanding of the legal issues involved in your case.

What do I need to include in my witness statement?

You must prepare a signed and dated witness statement that covers all facts you want the tribunal to consider. This statement replaces your oral evidence-in-chief, so it must be comprehensive because you will be cross-examined on it. You should also prepare witness statements for any supporting witnesses and create a list of attending witnesses in the order they will give evidence.

Who is responsible for preparing the document bundle?

The document bundle is usually prepared by the respondent, typically the employer. You should check it carefully and insist on any missing documents. You need to ensure the bundle is paginated and indexed in chronological order. Additionally, you must provide copies for the tribunal (usually four copies), yourself, and the respondent, along with a list of documents you are relying on with page references.

When is a schedule of loss required?

A schedule of loss is required for unfair dismissal and discrimination claims. It must set out your financial claim in detail, including the basic award, compensatory award, future loss, and injury to feelings. This document helps the tribunal understand the specific financial impact of the alleged wrongdoing on your life and career.

What practical steps should I take before the hearing day?

You should confirm the date, time, and location of the hearing, or the CVP link if it is remote. Arrange time off work for the full expected duration, as hearings can last several days. Notify your witnesses to confirm their attendance. It is also practical to bring water and food, as hearings can run all day.

What legal documents should I prepare for the hearing?

You should prepare a chronology of key events, ideally on one page, as judges find these invaluable even if not explicitly asked. You also need a cast list of all relevant people and their roles. For complex cases, a skeleton argument or written submissions on key legal points are recommended. You should also note any outstanding preliminary or jurisdictional issues.

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preparation

Employment Law

Updated 2026-04-09

Preparation Checklist for an Employment Tribunal Hearing

Everything you need to prepare before attending an Employment Tribunal final hearing.

Overview

Preparation is the single most important factor in Employment Tribunal hearings. Unlike magistrates' courts, Employment Tribunals are inquisitorial in style and the judge will take an active role. You must have a well-organised bundle, comprehensive witness statements, and a clear understanding of the legal issues. The hearing may last several days — thoroughness counts.

0 of 15 items checked

Bundle Preparation

Agreed bundle of documents paginated and indexed in chronological order(Essential)

Usually prepared by the respondent (employer) — check it carefully and insist on any missing documents

List of documents you are relying on with bundle page references(Essential)

Copies for: the tribunal (usually 4 copies: one per judge/lay member), yourself, and the respondent(Essential)

Witness Statements

Signed and dated witness statement covering all facts you want the tribunal to consider(Essential)

Your statement replaces oral evidence-in-chief — it must be comprehensive; you will be cross-examined on it

Witness statements from any supporting witnesses

List of the witnesses attending and the order in which they will give evidence

Legal and Procedural Preparation

Chronology of key events (one page if possible)(Essential)

Judges find chronologies invaluable — prepare one even if not asked

Cast list of all relevant people and their roles

Skeleton argument or written submissions on key legal points (for complex cases)

Note of any preliminary or jurisdictional issues outstanding(Essential)

Schedule of loss (setting out your financial claim in detail)(Essential)

Required for unfair dismissal and discrimination claims — include: basic award, compensatory award, future loss, injury to feelings

Practicalities

Confirm the date, time, and location (or CVP link for remote hearings)(Essential)

Arrange time off work for the full expected duration of the hearing(Essential)

Notify any witnesses and confirm their attendance(Essential)

Bring water and food — hearings can run all day

Related Guides

Related Rights

Official Resources

Employment Tribunals — Online Hearings →ACAS — Going to a Tribunal →

Frequently asked questions

How do Employment Tribunal hearings differ from magistrates' court hearings?: Employment Tribunals operate in an inquisitorial style, meaning the judge takes an active role in the proceedings. This differs from magistrates' courts. Because of this approach, thorough preparation is essential, including a well-organised document bundle, comprehensive witness statements, and a clear understanding of the legal issues involved in your case.
What do I need to include in my witness statement?: You must prepare a signed and dated witness statement that covers all facts you want the tribunal to consider. This statement replaces your oral evidence-in-chief, so it must be comprehensive because you will be cross-examined on it. You should also prepare witness statements for any supporting witnesses and create a list of attending witnesses in the order they will give evidence.
Who is responsible for preparing the document bundle?: The document bundle is usually prepared by the respondent, typically the employer. You should check it carefully and insist on any missing documents. You need to ensure the bundle is paginated and indexed in chronological order. Additionally, you must provide copies for the tribunal (usually four copies), yourself, and the respondent, along with a list of documents you are relying on with page references.
When is a schedule of loss required?: A schedule of loss is required for unfair dismissal and discrimination claims. It must set out your financial claim in detail, including the basic award, compensatory award, future loss, and injury to feelings. This document helps the tribunal understand the specific financial impact of the alleged wrongdoing on your life and career.
What practical steps should I take before the hearing day?: You should confirm the date, time, and location of the hearing, or the CVP link if it is remote. Arrange time off work for the full expected duration, as hearings can last several days. Notify your witnesses to confirm their attendance. It is also practical to bring water and food, as hearings can run all day.
What legal documents should I prepare for the hearing?: You should prepare a chronology of key events, ideally on one page, as judges find these invaluable even if not explicitly asked. You also need a cast list of all relevant people and their roles. For complex cases, a skeleton argument or written submissions on key legal points are recommended. You should also note any outstanding preliminary or jurisdictional issues.