The main hearing 




Tribunal hearings take place in public. Very occasionally, for example, in some cases involving allegations of sexual misconduct, a tribunal may agree to anonymity or to a restricted reporting order. 




At an early stage, the tribunal allots a fixed number of days for the trial and judges are not supposed to allow cases to overrun their allotted time. The judge can cut off too long or unnecessary oral evidence, questioning and submissions, or stop a party who has used up their allotted time. 




Tribunals must demonstrate an absence of bias and allow both parties to state their case and respond to any allegations against them (Williams v Real Care Agency Ltd [2012] UKEATS/0051/11/BI). Tribunals must deal with the case based on the evidence before them and not take into account evidence that was not considered in the hearing (East of England Ambulance Service v Sanders [2014] UKEAT 0217/14/1710). 




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




Judges must ensure so far as practical, the parties are on an “equal footing”. However, in practice there is often significant inequality, in terms of both representation and legal resources. Judges must balance each side’s capabilities and offer support to unrepresented litigants where needed, but they must also remain impartial and are not supposed to advise poorly represented or unrepresented litigants how best to conduct their case (Drysdale v The Department of Transport [2014] EWCA Civ 1083). All litigants, even if unrepresented, are expected to make their own case by explaining their arguments and cross-examining the employer’s witnesses. The tribunal will not make their case for them (Gallop v Newport City Council [2016] UKEAT/0118/15/DM). 




It is a criminal offence to record any tribunal hearing, for example, by using a smart phone. This includes a preliminary hearing over the phone.