Employment tribunals are made up of three people: an Employment Judge and two lay members.
The lay members, sometimes referred to as 'wing members', are intended to bring practical employment relations experience to the tribunal's decision-making process. Although they will have been appointed because of their experience of a particular side of industry, they are under a duty to deal with cases impartially and objectively. The views of all three members of the tribunal have equal weight when reaching a decision. A decision can be reached on a majority vote, so it is possible for the lay members to outvote the Employment Judge. If the parties agree, the tribunal can be made up of an Employment Judge and only one lay member.
Certain types of case, including breach of contract claims and claims that an employer has made an unlawful deduction from a worker's pay, may in certain circumstances be heard by an Employment Judge sitting alone.