Employment Tribunal Hearing Preparation Checklist

An Employment Tribunal hearing is the final stage in most workplace disputes such as unfair dismissal, discrimination, unlawful deduction from wages, whistleblowing detriment, and redundancy claims. The tribunal decides the case based on evidence, witness testimony, and legal arguments presented at the hearing.

Preparation is central to how the tribunal assesses credibility and relevance. The process is governed by strict procedural directions, and parties are expected to comply with timetables, document disclosure requirements, and bundle preparation rules issued by the tribunal.

This checklist sets out the key steps involved in preparing for an Employment Tribunal hearing in England and Wales.

1. Understand the Tribunal's Directions

The tribunal will issue written orders (sometimes called “case management orders”) setting out what each party must do before the hearing. These typically include:

• Disclosure of relevant documents
• Preparation of the hearing bundle
• Exchange of witness statements
• Identification of witnesses
• Deadlines for compliance

Failure to follow directions can result in costs consequences or parts of a case being limited or struck out.

2. Review the Claim, Response, and List of Issues

Before preparing evidence, it is necessary to understand the scope of the case:

• Claim form (ET1) sets out the allegations
• Response form (ET3) sets out the defence
• The “list of issues” defines what the tribunal must decide

All preparation should be focused on these issues. Irrelevant material is usually excluded.

3. Document Disclosure and Evidence Gathering

Both parties must disclose documents relevant to the dispute, whether helpful or harmful. Typical documents include:

• Employment contract and amendments
• Payslips and payroll records
• Disciplinary and grievance records
• Emails, messages, and internal correspondence
• Policies and staff handbooks
• Meeting notes and investigation records

The tribunal may order specific disclosure if documents are missing or disputed.

4. Preparing the Hearing Bundle

The hearing bundle is the core document pack used by the tribunal during the hearing. It must be:

• Paginated (page-numbered)
• Indexed
• Chronologically or logically ordered
• Agreed between parties where possible

A typical bundle includes:

• Pleadings (ET1 and ET3)
• Case management orders
• Key documents relied upon by both sides
• Relevant correspondence and records

Each party must ensure they have copies of all documents they intend to rely on at the hearing.

Practical points:

• The bundle is the tribunal's working file during the hearing
• Missing documents can significantly weaken a case
• Both sides should check accuracy before finalisation

5. Preparing Witness Statements

Witness statements are written accounts of evidence that each witness will give. In England and Wales, they are commonly exchanged before the hearing and form the basis of oral evidence.

A strong witness statement should:

• Set out facts in chronological order
• Address each issue in dispute
• Refer to bundle page numbers where relevant
• Be signed and dated

Key requirements:

• Witnesses must attend the hearing to confirm their evidence
• Statements are tested under cross-examination
• Inconsistencies with oral evidence can affect credibility

6. Preparing Witnesses for Attendance

Each party is responsible for ensuring witnesses attend the hearing.

Checklist:

• Confirm attendance dates and times
• Provide hearing details and location or video link
• Ensure witnesses understand their statements
• Arrange travel where necessary

If a witness refuses to attend, a witness order may be requested from the tribunal, compelling attendance if their evidence is relevant.

7. Preparing Your Case Summary and Legal Submissions

Although tribunals are less formal than courts, parties should prepare:

• A short case summary
• Chronology of events
• Key legal arguments
• References to relevant documents

This helps structure submissions and ensures the tribunal understands the core dispute clearly.

8. Reviewing the Bundle Thoroughly

Full familiarity with the bundle is essential.

Preparation steps:

• Read the entire bundle at least once
• Highlight key documents and page references
• Cross-check statements against documents
• Identify inconsistencies or gaps
• Prepare questions for cross-examination

Tribunals rely heavily on the bundle throughout the hearing.

9. Preparing for Cross-Examination

Cross-examination is where each side questions the other's witnesses.

Preparation includes:

• Reviewing witness statements in detail
• Identifying disputed facts
• Preparing targeted questions
• Practising clear and concise answers

The purpose is to test evidence, not to repeat written statements.

10. Practical Hearing Logistics

Before the hearing, confirm:

• Hearing date, time, and format (in-person, video, or telephone)
• Tribunal location or link details
• Required arrival time
• Number of copies of documents needed
• Any accessibility or support requirements

Tribunals usually provide at least 14 days' notice of the hearing date.

11. Tribunal Etiquette and Procedure

At the hearing:

• Parties must follow the judge's directions
• Evidence is given under oath or affirmation
• The tribunal controls the order of proceedings
• Questions may be asked by the judge and the other party

The process is structured but less formal than traditional court proceedings.

12. Common Preparation Mistakes

Frequent issues that weaken cases include:

• Incomplete or disorganised bundles
• Failure to read documents in advance
• Witnesses unfamiliar with their statements
• Irrelevant evidence included in submissions
• Missing deadlines set by tribunal orders

Key Takeaways

Employment Tribunal hearing preparation is a structured process focused on compliance with tribunal directions, proper document management, and clear presentation of evidence. Key priorities include preparing a complete bundle, ensuring witness statements are accurate and consistent, understanding the legal issues in dispute, and reviewing all evidence thoroughly before the hearing. Strong preparation directly affects how effectively a case can be presented and assessed.