Remote and In‑Person Tribunal Hearings

Employment tribunals in England and Wales can be conducted either in person, remotely, or as a hybrid combination of both formats. Recent procedural developments mean that tribunals increasingly use remote technology, while still preserving formal, fair decision‑making. This article explains the differences between remote and in‑person hearings, how each format works, the legal and practical considerations when attending either type, what influences the tribunal's decision on format, and the advantages and limitations of each. It is based on authoritative sources and official guidance covering tribunal practice and participant expectations.

What Are Remote and In‑Person Hearings?

An in‑person hearing means the parties, witnesses and tribunal members attend together physically at an employment tribunal venue. A remote hearing takes place using electronic communication, such as a video platform or telephone, allowing participants to join from different locations. A hybrid hearing combines both, with some people attending physically and others participating remotely.

The tribunal's Rules of Procedure permit hearings by electronic communication, and judges decide the appropriate format on a case‑by‑case basis, emphasising fairness, access to justice and practical considerations.

How Remote Hearings Work

Platforms and Technology

Remote hearings typically use an internet‑based video meeting platform approved by HM Courts & Tribunals Service (HMCTS), commonly the Cloud Video Platform (CVP). Participants including claimants, respondents, representatives and witnesses connect using a computer, tablet or smartphone with camera and microphone.

Parties should ensure they have:

• a reliable internet connection;
• a compatible device and browser;
• access to documents electronically.

Conduct During a Remote Hearing

Remote hearings follow a similar structure to in‑person hearings. At the start, the judge explains the process. Participants:

• must be seen and heard clearly;
• should mute microphones when not speaking to avoid background noise;
• must follow tribunal instructions about camera and audio settings.

Participants must treat remote hearings with the same formality as if in a tribunal building. Specific rules prohibit eating, smoking, recording or unauthorised sharing of the hearing, and require solo attendance unless permission is granted for a supporter.

Advantages of Remote Hearings

Remote hearings can offer:

• greater accessibility for people with mobility issues or who live far from a tribunal venue;
• reduced travel costs and time for participants and legal representatives;
• flexibility where illness, adverse weather or other circumstances would disrupt in‑person attendance;
• the ability to proceed with hearings that might be adjourned if all participants cannot be physically present.

Practical Challenges

Remote hearings require technological readiness and can be affected by poor connections. Participants may find it harder to engage with documents and witnesses simultaneously, especially if a small device is used.

How In‑Person Hearings Work

Physical Attendance

In‑person hearings take place in an employment tribunal building. Participants attend physically and present evidence and arguments face to face. Parties receive notice of the date, time and venue of the hearing, and should arrive with all necessary documents.

At the venue, security checks are typical. Mobile devices must be switched off or on silent, and recording or photographing the hearing without permission is a criminal offence.

Experience and Interaction

In‑person hearings allow direct interaction between tribunal members, witnesses and legal representatives. Many find it easier to communicate nuanced points face to face, and physical presence can assist in managing dynamic courtroom elements such as document handling and witness examination.

Hybrid Hearings

A hybrid hearing combines remote and in‑person participation. For example, some witnesses or representatives may join by video while others attend at the tribunal. This format is used where it meets the interests of justice and allows all parties to participate fully. Tribunal rules explicitly support hybrid hearings where appropriate.

How the Tribunal Decides the Format

Judges exercise discretion when determining the format of a hearing. Factors considered include:

• whether remote attendance would be fair and just for all participants;
• each participant's ability to engage fully (for example, technical access or disability needs);
• the nature and complexity of the issues, which may favour in‑person interaction;
• logistical constraints such as venue availability and judicial resources;
• public access and open‑justice considerations.

Preliminary hearings and procedural matters are more likely to be listed remotely by default, whereas some complex final hearings are more often listed in person unless there is a compelling reason otherwise.

A party may request a different format (for example, an in‑person hearing instead of remote) if justified by circumstances such as disability or inability to use digital technology. The tribunal must consider such requests and can order a hybrid or in‑person hearing where fairness requires it.

Evidence and Hearing Preparation

Both remote and in‑person hearings require thorough preparation including:

• exchange of documents and creation of hearing bundles;
• preparation of witness statements;
• scheduling of witness attendance.

For remote hearings, electronic bundles and clear digital access to evidence are critical. Parties should test their technology beforehand to avoid delays.

Recording and Public Access

From November 2023, employment tribunal hearings are generally audio recorded where technical facilities exist, whether remote or in person. This applies to substantive and procedural hearings but is subject to limited exceptions and secure retention. Recordings are typically for judicial use, and public or party access to recordings is restricted and only permitted in rare circumstances.

Remote observation by the media or public may be available on request, subject to judicial discretion and open‑justice principles.

Practical Tips for Participants

For Remote Attendees

• Ensure a stable internet connection and compatible device.
• Join the platform early and test audio and video.
• Have key documents open or easily accessible.
• Mute when not speaking and follow tribunal instructions.

For In‑Person Attendees

• Allow sufficient time for travel and security checks.
• Bring physical copies of documents, even if previously exchanged electronically.
• Dress and behave professionally to reflect the formality of the hearing venue.

Common Issues and Risks

Technical issues during remote hearings can delay proceedings or disadvantage participants without reliable technology. Parties should communicate early with the tribunal if they anticipate difficulties.

For in‑person hearings, travel costs, time and physical accessibility can present challenges. Requests for reasonable adjustments (such as disability accommodations) should be made in advance.

Key Takeaways

Employment tribunals in England and Wales can be conducted remotely, in person or in hybrid form, with the choice of format guided by fairness, accessibility and practical needs. Remote hearings using secure video platforms offer flexibility and accessibility benefits, particularly for procedural and shorter matters, while in‑person hearings support direct interaction and may be preferred for complex disputes. Hybrid hearings balance both approaches. Participants should prepare evidence, technology and logistics appropriate to the format, and communicate any needs or difficulties to the tribunal early. Recent practice also includes audio recording of hearings where facilities exist, supporting judicial accuracy and record‑keeping.