The tribunal sends out a notice of the hearing date at least 14 days in advance. If the date is unsuitable for some reason, such as an important witness being ill or out of the country, the tribunal may be prepared to postpone the date of the hearing.
Employment tribunal hearings are more informal than hearings in the ordinary civil courts, and tribunals have a broad discretion as to how their hearings should be run. In particular, tribunals are not bound by the usual technical rules of what evidence is or is not admissible. There is still, however, a degree of formality to the proceedings. Witnesses will, for example, be asked to give their evidence under oath or affirmation and will be cross-examined.
According to legislation, a tribunal's overriding objective is to deal with the case justly. That includes, as far as practicable:
- ensuring that the parties are on an equal footing;
- saving expense;
- dealing with the case in a way that is proportionate to the complexity of the issues; and
- ensuring that the case is dealt with quickly, efficiently and fairly.
The parties may choose to represent themselves at the hearing. Alternatively, they may appoint a representative of their choice, who might be a friend, a trade union official, a lawyer or some other adviser such as an Association official. The tribunal will indicate which party should present its case first. In a discrimination claim it is usual for the claimant to go first, whereas in an unfair dismissal claim the company usually puts its case first, if it concedes that it dismissed the claimant.
A witness will be asked to take an oath or affirm before giving evidence. Once a party's witness has given his or her main evidence, the other party may ask the witness questions, and so may the tribunal.
After it has heard all the evidence, the tribunal usually asks the parties briefly to sum up their case before it retires to consider its decision.