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.
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