This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to litigants in person in Employment Tribunals in England and Wales. Explains what a litigant in person is, the challenges of self‑representation, tribunal expectations, practical support services, key procedural stages and tips for preparing and presenting your case without formal legal representation.
A litigant in person is someone who conducts their own Employment Tribunal case without professional legal representation from a solicitor or barrister. This situation arises frequently in employment disputes when individuals bring claims such as unfair dismissal, discrimination, unpaid wages, or detriment and do not (or cannot) engage a lawyer. Representing oneself in tribunal proceedings poses unique challenges and opportunities, and tribunals recognise the need to balance procedural fairness with efficient case management. Understanding the role, rights and practical steps for litigants in person is essential for anyone navigating the English and Welsh tribunal system without formal legal counsel.
What Is a Litigant in Person?
A litigant in person (LiP) is an individual, company or organisation entitled to exercise rights of audience (the right to address the tribunal) in their own case without being represented by a solicitor or barrister. This term applies regardless of whether the person has received some legal advice but no representative on record, or has chosen to self‑represent from the outset.
In employment tribunals, many claimants - and sometimes respondents - appear as litigants in person because they cannot afford legal representation or do not qualify for legal aid for most employment matters.
Why People Represent Themselves
People represent themselves for a variety of reasons:
- Cost concerns: Legal representation can be expensive, and many employment claims offer limited financial recovery relative to legal fees.
- Access to justice: Official legal aid is restricted in employment cases, leaving many without options.
- Autonomy: Some litigants prefer to control their own case strategy and narrative.
- Confidence or experience: A minority believe they are capable of managing procedural steps and presenting their arguments without formal counsel.
The Tribunal's Role with Litigants in Person
Employment tribunals in England and Wales are intended to be less formal and more accessible than higher courts. The rules and the tribunal's overriding objective require that cases be dealt with fairly and proportionately. Tribunals recognise that litigants in person may lack legal training and can take reasonable steps to ensure they understand procedural requirements, without giving legal advice or drafting documents for them.
Judges and panel members may:
- Explain procedural steps and courtroom practice.
- Clarify what is expected at hearings.
- Ensure that litigants in person understand deadlines and requirements.
However, they must remain neutral and cannot act as advocates, advise on legal strategy, or prepare legal submissions for a party.
Practical Challenges for Litigants in Person
Representing oneself in a tribunal can be daunting. Some common challenges include:
Understanding Legal and Procedural Rules
Employment law and tribunal procedure involve statutory tests, evidential rules and strict timelines. Misunderstanding these can lead to errors in presenting a claim or response, incomplete evidence, or missed opportunities to advance key legal arguments.
Complex Documentation and Evidence
Compiling the right documents (contracts, correspondence, payslips, disciplinary records) and preparing witness statements in a legally appropriate format can be complex without legal training.
Facing Represented Opponents
Many employers engage solicitors or barristers, creating a disparity of legal expertise. Research suggests that litigants in person are statistically more likely to lose claims compared with parties who have professional representation, in part because of procedural missteps and challenges understanding substantive legal tests.
Emotional Involvement and Presentation
Personal involvement can make it harder to present evidence objectively, follow formal procedures, or engage effectively in hearings.
Available Support for Litigants in Person
Litigants in person do not have to navigate the system entirely on their own. A number of resources and support schemes exist:
Advice and Information Services
- Citizens Advice and local law centres offer general legal information and procedural guidance.
- Support Through Court (formerly Personal Support Unit) provides practical help with forms, understanding processes and emotional support, though not legal advice.
- Employment Tribunal Litigants in Person Support Scheme (ELIPS) offers on‑the‑day assistance at selected tribunals, including guidance on procedure, time limits and settlement options.
Peer and Community Resources
Online forums, social media groups, and community platforms allow litigants to share practical tips and support based on experience.
McKenzie Friends and Non‑Legal Support
A McKenzie Friend can attend hearings with a litigant and quietly offer assistance such as taking notes or offering prompts. A McKenzie Friend is not a representative with rights of audience unless the tribunal grants limited permission.
Key Stages Where Litigants in Person Must Engage
1. Pre‑Claim Preparation
Before submitting a claim form (ET1) or response (ET3), a litigant in person should:
- Understand the type of claim they are bringing or defending.
- Gather relevant evidence and documentation.
- Consider ACAS Early Conciliation, which is a mandatory step before most tribunal claims are accepted.
2. Case Management and Directions
Tribunals will issue procedural directions, including deadlines for:
- Exchanging documents and witness statements.
- Preparing lists of issues.
- Agreeing a bundle of documents.
Failing to comply can lead to sanctions, including strike out or unless orders. Litigants should carefully track all deadlines.
3. Hearings
Hearings may be in person or on video/telephone and stages include:
- Opening statements.
- Examination and cross‑examination of witnesses.
- Closing submissions.
Tribunals expect litigants in person to adhere to procedural norms and present evidence clearly.
Practical Tips for Litigants in Person
- Prepare thoroughly: Organise documents, key dates, and a clear timeline before hearings.
- Learn the law and procedure: Use official guidance from gov.uk, ACAS and tribunal rules to understand legal tests and procedural requirements.
- Use support services: Contact Citizens Advice, Support Through Court, or local pro bono schemes early.
- Consider a McKenzie Friend: This can help ease procedural burdens without formal representation.
- Engage with case management orders: Respond to directions promptly to avoid sanctions.
Common Questions
Can tribunals give legal advice to litigants in person?
No. Tribunals can explain procedure but cannot offer legal advice or prepare documents for a party.
Does being a litigant in person mean unfair treatment?
Tribunals must apply the law and procedural rules fairly regardless of representation, but litigants in person may face practical disadvantages without legal expertise.
Can a litigant in person obtain legal representation later?
Yes. Litigants can seek legal advice or representation at any stage, including pro bono or paid counsel, if they secure funding or qualify for assistance.
Summary
A litigant in person in an Employment Tribunal is someone who represents themselves without professional legal representation. While self‑representation can reduce costs and offer control over a case, it presents significant challenges, including understanding legal and procedural requirements, managing evidence, and facing represented opponents. Tribunals strive to ensure fairness for litigants in person, and a range of support services - from Citizens Advice to McKenzie Friends - can help. Careful preparation, adherence to directions and use of available resources increases the likelihood of presenting a coherent and effective case.
