The main hearing

The trial of the claim takes place in public. Very occasionally, in cases that involve allegations such as sexual misconduct, a tribunal may agree to issue a restricted reporting order, which may apply permanently or just until judgment.

The case management directions will allot an amount of time (number of day(s)) for the trial to take. The new tribunal rules very strongly encourage tribunal judges not to allow the claim to overrun its allotted time, or to allow particular witnesses to take up too much time. Under rule 45, the tribunal judge can cut off (“guillotine”) too long or unnecessary oral evidence, questioning and submissions or parties who exceed their allotted time.

Tribunals must demonstrate an absence of bias and give both parties the right to state their case and respond to any allegations made against them.

You have the right to be represented by an individual of your choice (Bache v Essex CC [2000] IRLR 251), or to represent yourself.

You can call witnesses in support of your claim, and if necessary you can ask the tribunal to issue a witness order compelling them to attend. Witness orders should not generally be used to compel an unwilling witness, as you cannot be sure what they are going to say, and the evidence they give may not help your case.