The Employment Tribunal will make it's decision on a case at a final hearing.
The hearing will be conducted by an Employment Judge who may sit alone or with up to two lay panel members depending on the type of case. The hearing will take place in a room like the one below.
The parties sit opposite the Judge and the panel members. Witnesses give evidence from a table between the panel members and the parties. Most Employment Tribunals are open to the public who will sit at the back of the room.
The parties will take turns to present their case to the Employment Tribunal. The Judge has power to conduct the hearing as they consider appropriate so exact procedure may vary slightly.
At the start of the hearing the Judge will usually discuss how the case is to be presented and what the relevant issues are in the case.
In general the party who must prove the case will then start the case by presenting their witnesses and evidence. In some complex cases they may make an opening statement to explain their case to the tribunal.
Standard procedure is now to present written witness statements to the tribunal which they will read. A witness will then be cross-examined on their evidence by the other party.
When the evidence of one party is completed the other side will present their witnesses and evidence and be cross-examined in the same way.
After all the evidence has been presented the parties will be asked to make closing statements to the tribunal to say why the tribunal should decide the case in their favour.