Attending your employment tribunal hearing

Summary

They’ll have to ask the tribunal to let them use the new evidence. The tribunal is likely to let them use it if it’s relevant. You can ask for a short break in the hearing or for the whole hearing to be delayed so you can look at the new evidence. The tribunal might agree - it depends how much new evidence there is and how important it is to your case. If your employer didn’t give you the evidence they should have, you can ask the tribunal to make them pay your costs. For example, they might have to pay for any extra time you have to spend looking at the new evidence. Before the hearing, the employer’s representative might try to get you to agree to settle the case. If you have a representative, they’ll handle this conversation. Last minute settlements in the tribunal are quite common - even at this late stage you can agree a settlement rather than go through with the hearing. If you don't have a representative, negotiating a last minute settlement can be difficult. If you can, you should be prepared for this. Think about what you would want from a last minute settlement if your employer's representative wants to discuss this. Your employer’s representative might try to put.

Key information

• an employment judge who will run the proceedings
• a person representing employers' organisations
• a person representing employees' organisations
• swear on your holy book that you’ll tell the truth - this is called ‘giving evidence on oath’
• promise that you’ll tell the truth without a holy book - this is called ‘affirming’
• summarise the evidence that supports your case
• explain why you think the tribunal should agree with you
• They’ll have to ask the tribunal to let them use the new evidence. The tribunal is likely to let them use it if it’s relevant.
• You can ask for a short break in the hearing or for the whole hearing to be delayed so you can look at the new evidence. The tribunal might agree - it depends how much new evidence there is and how important it is to your case.
• If your employer didn’t give you the evidence they should have, you can ask the tribunal to make them pay your costs. For example, they might have to pay for any extra time you have to spend looking at the new evidence.
• Before the hearing, the employer’s representative might try to get you to agree to settle the case. If you have a representative, they’ll handle this conversation. Last minute settlements in the tribunal are quite common - even at this late stage you can agree a settlement rather than go through with the hearing.
• If you don't have a representative, negotiating a last minute settlement can be difficult. If you can, you should be prepared for this. Think about what you would want from a last minute settlement if your employer's representative wants to discuss this.

Practical guidance

• Source: Attending your employment tribunal hearing

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