Employment tribunal representation guide

09 July 2019

Attending an employment tribunal can be a stressful process and without legal representation, you may struggle.

It’s important to be prepared for a tribunal and to have already submitted the correct documentation prior to your arrival.

In terms of support and representation, both employer and employee have to make important choices.

This will be based on cost, skill, and confidence in their own abilities, before they decide whether to arrange for representation or go it alone.

Discover what employment law tribunal representation is, whether you can represent yourself and the fees you may need to pay.

What is employment law tribunal representation?

Whilst the majority of the legal system in the UK is designed for specialists who have trained extensively in the law.

An employment tribunal lawyer will not be needed represent you at the tribunal. Union officers or advice centre workers are often selected for representation.

But while some may be competent, there will be no guarantee that they have any expertise.

It’s the representative’s job to create, submit and collate any relevant paperwork, rather than an individual having to take time out of their own schedule to do this.

Having employment tribunal representation gives peace of mind and it also saves a lot of time.

Acas can provide employment tribunal legal advice relating to where the law has been breached and the sort of claims that are available

There is guidance available for further employment tribunal support that can be accessed for free.

Can you represent yourself at employment tribunal?

Yes, but this depends on the individual involved, their level of knowledge in the area, and their time and capacity to deal with the matter.

Self-representation will be treated sympathetically, and perhaps more leniently than those professionally represented.

Employment tribunal self-representation is common, and the system is designed to be as user-friendly as possible to allow for this.

But employment law tribunal representation can be costly. But for those employers who chose to take out insurance on employment law matters, they may be compensated for this and face no additional costs for this.

What does a representative need to do?

If you need a representative, they will be able to prepare your case and explain it to the tribunal.

Your representative will need be responsible for the following:

  • Answer any questions about legal issues in the tribunal.
  • Cross-examine the witness.
  • Explain why you should win the hearing at the end.

During your case, you will need to speak to your representative and write down what you would like to say and pass it to them.

A representative may look for a settlement on your behalf. This will be legally binding, so whatever has been agreed must be kept.

If you do want to take an agreement, make sure you’re happy with it before its accepted.

Can I get free representation for employment tribunal?

This may be difficult as there is limited support and advice is available from Acas, as mentioned above.

The Citizens Advice Bureau may also be able to assist in this area.

Other sources of advice, such as friends, relatives, and acquaintances can be of help, but these sources should be approached with caution.

Whilst they may have the best of intentions, and the individuals’ best interests at heart, this may not be their area of expertise, meaning they could be wrong.

Case law has shown how carefully employment tribunal documentation must be completed and getting it wrong could mean that the case cannot proceed.

Get help with employment tribunal representation with Peninsula

Getting it wrong before a tribunal, and losing as a result, can cost money and a company’s reputation. Careful preparation is needed, and prevention may be better than the cure.

Taking steps to avoid the likelihood of a tribunal will bring in many returns. But if the worse does happen, there are many advantages to getting help.

Peninsula offers expert guidance on employment tribunal representation. Our clients get access to 24-hour HR advice who will ensure your representation follow the law.

Get in touch today; or use our call back form to arrange for us to get in touch at a time that is convenient for you.

Call us on 0800 028 2420

Suggested Resources