Tribunal Representation for Employees

Yes, you do not need to be an employment lawyer to represent yourself at an Employment Tribunal. While Employment Tribunals are formal hearings and are always heard by an employment judge and (depending on the type of claim raised) an additional two lay members, they are still less formal than courts.

However, before making any decision to represent yourself at an Employment Tribunal, you should bear in mind the impact losing in the tribunal could have on your financial or professional position. While there is a cost to have a lawyer present your case at tribunal, having an experienced solicitor handling your case is more likely to get to the heart of your claim and bring about a successful outcome.

If you are unhappy with the tribunal’s decision in your case, there are two options open to you:

• You can ask the tribunal to reconsider its decision - there are no specific grounds you must raise to ask for re-consideration, although the tribunal would expect you to illustrate where you believe they got their decision wrong, or
• You can appeal to the Employment Appeal Tribunal; however, to do this you must be able to demonstrate that:

1. The tribunal made an error in law in reaching its decision – you must be able to show that the tribunal misunderstood the law as it applied in your claim

Or

2. The tribunal reached a perverse decision – you must be able to demonstrate that the tribunal made a decision which no reasonable tribunal could possibly have reached.

There is a separate fee regime for appealing a claim at the Employment Appeal Tribunal.