Last week we held a very successful mock tribunal event at the beautiful Kimbridge Barn, in partnership with Bond Williams, Business South and 3PB Barristers.  The aim of the event was to demonstrate to the attendees how a real employment tribunal would run, albeit condensed down into a morning.  The attendees were business owners and HR professionals from businesses all over the southern region and they got to take away how a final employment tribunal hearing proceeds, along with the do’s and don’ts for claimants, respondents and their witnesses.

I facilitated the session with real, experienced barristers from 3PB Barristers playing the roles of the judge and advocates for the parties.  They were all on hand to provide not only advice on employment tribunal practice and procedure, but to answer questions on employment law and managing workplace disputes.  

What happened at the mock tribunal?

The event was run like a real tribunal, using a fictional case but based on real facts.  The case involved a claimant bringing claims of unfair dismissal, sex discrimination and harassment against the respondent.  We had volunteers playing the claimant and two witnesses for the respondent company.  The ‘Judge’ also had two volunteers from the audience on the day to be part of the panel making the decision.

The morning progressed with the three witnesses giving evidence, being cross examined and then their advocates giving closing speeches, saying why their respective parties should win the case.  The session was very interactive, with the audience being able to ask questions of the witnesses, judge and advocates throughout the session, as well as voting on the judgment while the panel left the room to deliberate on their decision and being given the opportunity to provide their own reasons.

What was learned from the event?

Some of the key take-aways for the attendees were:

• Documentary evidence is key to everything, it is much more credible to back up your witness evidence with documents in the tribunal bundle;
• Procedures need to be full, fair and reasonable, whether they are for disciplinary, grievance, capability or redundancy matters (the mock tribunal’s case involved a grievance being raised and demonstrated some of the mistakes an employer may make in response to it);
• Training of staff and, in particular, managers must be done as witnesses often win or lose cases by what they say and how they come across at hearings; and
• The cost of getting it wrong can be substantial.  In our case the employee would have walked away with considerable loss of earnings and an amount for injury to feelings.

What was surprising to the audience?

Some people commented that they did not realise what pressure witnesses can feel at employment tribunal hearings.  Even though it was not real, our witnesses got to feel what it was like to receive tough questioning regarding their evidence!

Others were surprised at some of the formalities at a hearing and how much preparation was required for all parties.  In contrast, many were not aware that the judge and panel members (if the latter are required as they are not for a lot of cases) do not get the opportunity to read any of the bundle before the hearing starts.

Would your business be ready if you received a claim from the employment tribunal?

I regularly support business in preparing for tribunal hearings and representation at them, but more importantly advise on best practice to prevent them in the first place and distribute key legal updates.  Our HR team can carry out HR audits, review policies and provide training to managers.

Whether you joined us at Kimbridge or are catching up here, if this raises questions about your internal process, don’t leave them unanswered.  Get in touch to see how we can support your business.

Join Us for the Next Mock Tribunal

Due to the fantastic feedback from attendees, we’re excited to announce that our next Mock Tribunal will take place on Monday 16th September 2025, once again in partnership with Bond Williams and 3PB Barristers. This event will offer another valuable opportunity for business leaders and HR professionals to experience a realistic tribunal scenario, learn from legal experts, and walk away with practical insights to strengthen your internal processes. Spaces will be limited, so we recommend booking early. If you’re interested in attending or would like to arrange a 1:1 conversation beforehand, please get in touch.