Final Hearings at the Employment Tribunal: Are They Really as Daunting as They Seem?

Last month, I had the opportunity to attend a three-day Final Hearing at an Employment Tribunal. Despite being a paralegal who works in the background of many Tribunal cases, preparing bundles of documents and assisting in the preparation of Hearings, this was the first time I was able to observe a Final Hearing. In an effort to help other junior professionals in a similar position, I’m here to offer my top tips.

Firstly, there are a few things about Tribunal procedures that you should know if you don’t already:

• The Tribunal tends to run to a 10am – 4pm schedule (although this is subject to change on the day) and if you’re attending a morning session as a representative, you will be expected to be there from when the Tribunal opens at 9am
• There will be security measures in place at the Tribunal, which may take time to get through so ensure you arrive early enough to allow for this
• Your case will be allocated a clerk, who will ensure the smooth running of the Hearing. You will be able to ask them any questions that you’re unsure of
• When checking in, you will be asked which case and party you are attending for and your role. You will then be directed to a communal waiting room specific to either Claimants or Respondents
• In the waiting room, witnesses will be asked to confirm how they will give evidence (e.g. ‘on oath’ or by way of affirming). You may wish to warn them about this so they are not caught off-guard
• Tribunal Hearings are public and so you might be joined by a member of the media, a student or an interested bystander. The Judge will make clear if a member of the media is present

Top Tip Number 1: Arrive early and be prepared for the waiting time on the first day

Make sure you plan your journey to the Tribunal accordingly and try to arrive at least 30 minutes early to account for any travel disruptions or delays and allow time to get through security. There is nothing worse than knowing you’ve got somewhere to be and frantically trying to get there on time, especially when the destination is the Tribunal.

Be prepared that the Tribunal can experience last minute changes or delays, which may mean that you have to wait before the session begins. The clerk will keep you informed about the expected timings. The waiting room can get rather busy (especially ahead of the morning session) so if you’d like to use the waiting time to have a private or confidential discussion with your client or the witnesses, you should try to book a conference room. These tend to be limited in number and only available on the day.

Top Tip Number 2: Only bring what you need

When preparing for the unknown, you can very easily pack everything but the kitchen sink in an effort to be fully prepared for a “what if” scenario. As well as having to carry everything to the Tribunal, when you arrive, you’ll be taken through security and there is a long list of prohibited items, which might not even cross your mind. For example, staple handbag items like perfume or a compact mirror. If you forget (which is very easy to do), the Tribunal will hold it securely for you during the day and you’ll be given a receipt to collect your items so there is no need to panic! To save time and avoid the risk of forgetting to collect your items, it’s best to check your bags and ensure that you only have what you need.

Top Tip Number 3: Preparation is key

Ensure that you come to the Hearing prepared, with all of the documents and papers you need, extra pens and notepads for notes you might want to make, and, most importantly, a charger if you’re going to be making notes on your laptop. There will be places in the Hearing room for you to plug this in. In preparing for the Final Hearing, as the Respondent’s representatives, we ensured that we arrived at the Tribunal with plenty of copies of the bundle: a copy each for the Judge, the Claimant (who was unrepresented), the witness stand and a copy for ourselves. Even if several copies aren’t required, it is still better to be prepared, so make sure you think about who will likely need a copy and whether you are best to bring one in case.

Top Tip Number 4: Follow Tribunal etiquette & dress for the occasion

Here are the main things you need to remember when it comes to Tribunal etiquette:

• You should refer to the Judge as “Judge” where necessary
• You should stand when the Judge enters or leaves the room
• You should refrain from leaving the room while the Hearing is ongoing
• You must not take hot drinks into the Hearing room; this is limited to water bottles only

Aside from dressing smartly, if you’re someone who feels the cold, or even someone who heats up rather quickly, my experience of the Hearing room is that there is no consistency in the temperature, and you can certainly feel both ends of the thermometer depending on the day so make sure you wear plenty of layers. Especially seen as there aren’t many breaks during the Hearing and you may be sat at the back of the room taking notes or waiting for your turn to give evidence, wearing an extra cardigan or jumper under your blazer is a must!

Top Tip Number 5: Taking a note and active listening

You might be asked to take a note of what is said during the Hearing. The best way to prepare for this is to know the issues and background of the claim so that you can easily understand the context of what is being discussed. It can be quite a daunting task as you’ll inevitably not want to miss any crucial information, but as long as you keep calm and listen carefully, you should be able to follow and note things down. Don’t worry if you’re not able to capture everything – there won’t be an expectation that your note will be 100% accurate. Just try to note down as much as you can.

I found that making notes on my laptop, creating abbreviations for common phrases and using initials for names was very helpful, as I was able to concentrate on what was being said, rather than writing long phrases like ‘grievance hearing investigation’ by hand several times. I ignored the many typos I made and tidied these up at the end of the day to ensure the best chance of not missing anything. It’s important to know that your note may be relied upon during the proceedings (if, for example, there is a need to clarify an answer that a witness gave) or in an evidence bundle should there be an appeal so taking time at the end of the Hearing to tidy these up is a useful.

Aside from taking a note, active listening is crucial to ensure that you understand what is going on and you are able to help in the event of any confusion or questions. For example, if you have prepared the bundle or are a witness in the Hearing and you are able to assist Counsel with background information or finding the answer to a question quickly, listening out for this and providing a sticky note with the information where needed is invaluable.

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While there are many aspects for you to remember and prepare for, hopefully you will have gauged that Final Hearings aren’t as daunting as they seem. In fact, they are interesting experiences and opportunities to learn as a junior professional.

If you’d like to experience a Final Hearing in an educational setting, without all of the stress and cost of the real thing, why not come along to our Mock Employment Tribunal event on Thursday 8 October 2026 at The Guildhall in York. With the help of experienced barristers and confident witnesses, we will give you an insight into what happens in a Final Hearing and the importance of preparation, along with our guidance on employment law practices to reduce the risk of Tribunal claims. If you’d like to join us, you can book your tickets here.

If you need assistance defending an Employment Tribunal claim, please call 01904 437680 and one of our team would be happy to help.