Who Sits on an Employment Tribunal Panel?

Employment tribunal panels play a central role in resolving workplace disputes in England and Wales. The panel's composition influences how facts and legal issues are assessed and how the final decision is reached. This article explains who sits on an employment tribunal panel, how panel members are selected, why different formats are used, and what each member contributes to the tribunal process. The explanation is structured to be clear to solicitors, students and members of the public. -

The Role of Tribunal Panels

An employment tribunal hearing is typically chaired by an Employment Judge but may also include additional members. The panel collectively hears evidence, asks questions, assesses credibility and applies relevant law to resolve disputes between workers and employers. Tribunal panels reflect a blend of legal and practical expertise to ensure balanced decision‑making. -

Employment Judge: The Chair of the Panel

At every hearing, there is an Employment Judge. This is a legally qualified member of the judiciary trained in employment law, independent and appointed through the Judicial Appointments Commission. Employment Judges may be:

• Salaried judges who devote full time to tribunal duties, or
• Fee‑paid judges who serve part‑time while continuing legal practice. -

The Employment Judge is responsible for interpreting and applying the law, guiding the proceedings, and ensuring fairness. In hearings decided by a single member, the Employment Judge sits alone. -

Lay Members: Non‑Legal Panel Members

In many tribunal hearings, particularly those involving complex issues such as discrimination or whistleblowing, the panel includes lay members. Lay members bring practical, real‑world experience of workplaces that complements the legal expertise of the judge. -

Types of Lay Members

Tribunals generally include two lay members:

• one with experience from an employee perspective (for example, a trade union official or someone with worker advocacy experience); and
• one with experience from an employer perspective (such as a business owner or human resources specialist). -

This structure helps the tribunal panel assess factual and industrial/contextual matters alongside legal issues. Lay members may ask questions of the parties and witnesses and contribute to the panel's deliberations. -

Panel Size and Composition Rules

Single Member Panels

The Senior President of Tribunals determines whether a particular hearing will be decided by a single member or a panel of multiple members, considering the interests of justice and the nature of the issues. When a tribunal is composed of a single member, it must be an Employment Judge. -

Single member panels are common in less complex cases, such as straightforward unfair dismissal or breach of contract claims, where detailed factual evaluation by lay members may be less necessary. -

Three‑Person Panels

Where the issues involve complex factual or contextual questions - such as discrimination, whistleblowing, equal pay or multi‑party disputes - a panel of three generally sits. This comprises:

• an Employment Judge, and
• two lay members (one employee member and one employer member). -

Three‑person panels aim to balance legal and industrial insight to enhance tribunal decision‑making where diverse perspectives are valuable. -

Two‑Judge Panels

In limited circumstances, a tribunal may consist of two judges, typically for training and development purposes rather than as a standard panel. Decisions about such composition are made by senior leadership in the judiciary. -

How Members Are Appointed

Employment Judges

Employment Judges are appointed through competitive selection, usually from experienced solicitors such as solicitors, barristers or legal executives with significant experience in employment or discrimination law. There is no difference in authority between salaried judges and fee‑paid judges. -

Lay Members

Lay members are appointed by the Lord Chancellor after consultation with representative organisations on both sides of industry. Panels are maintained to reflect experience relevant to workplace relations. -

The Role of Tribunal Clerks and Observers

Although not decision‑makers, tribunal clerks support the process by administering oaths, guiding participants in the hearing room and managing administrative tasks. -

Employment tribunal hearings are generally held in public, which means members of the public, press and students may observe proceedings quietly, supporting transparency and accountability. -

Decision‑Making and Voting

In hearings with more than one panel member:

• decisions are made by majority vote;
• if votes are equal, the presiding member (usually the Employment Judge) has a casting vote. -

This ensures the tribunal can reach a decision even where panel members differ in their assessment of evidence or law.

When Panel Composition Can Change

Panel composition is not fixed at the outset. A tribunal may change the composition before or during a hearing if justified in the interests of justice or due to practical matters like member availability. After a hearing has started, variation typically requires the consent of the parties. -

Practical Impact of Panel Composition

The presence of lay members can offer practical insight into industry standards, workplace cultures and realistic expectations of employer/employee behaviour. This can be especially relevant in discrimination claims or complex disputes where broader context affects factual determination. -

However, reforms and practice directions increasingly empower judges to sit alone where appropriate, in order to improve flexibility and reduce delays. -

Key Takeaways

An employment tribunal panel in England and Wales is composed to ensure fair, informed decision‑making in workplace disputes. Panels may consist of:

• a single Employment Judge, or
• a judge with two lay members (one representing employee experience and one representing employer experience). -

Panel composition is determined by the Senior President of Tribunals based on the nature of the issues and the interests of justice, with judges sometimes choosing to sit alone or with additional members. Tribunal clerks support the process, and hearings are generally open to the public. Understanding who sits on the panel helps parties prepare their cases and engage confidently with the tribunal process.