Is It Worth Getting a Barrister Just for the Hearing Day at Tribunal?

Many people who bring employment tribunal claims manage the preparation stage themselves: completing the ET1, responding to the ET3, exchanging witness statements, and preparing the hearing bundle: but find the prospect of the hearing day itself daunting. Instructing a barrister for the hearing only is a common and sensible approach.

What Can a Barrister Do on the Hearing Day?

A barrister instructed for the hearing day will open your case to the tribunal, cross-examine the employer's witnesses, re-examine you and your witnesses following cross-examination, make closing submissions summarising your case and addressing the legal issues, and respond to any legal arguments raised by the employer's representative.

These are the most demanding parts of tribunal proceedings and the ones where the skill gap between a trained advocate and a litigant in person is most pronounced. Cross-examination in particular requires experience, tactical judgment, and the ability to think quickly under pressure.

How Does the Preparation Work?

Where a barrister is instructed for the hearing day only, they need to read into the case quickly. The better organised your papers are, the more effectively they can prepare. You should provide the hearing bundle, your ET1 and the ET3, all witness statements, any orders made by the tribunal, and a brief written summary of the key facts and the issues in dispute.

A brief conference with the barrister before the hearing day: even by telephone: is strongly advisable so they can ask questions about the evidence, discuss tactics, and advise you on any weaknesses in your case that need to be addressed.

Is It Cost Effective?

Yes, for most claimants. The cost of barrister representation for a single hearing day is significantly less than the cost of full case management by a solicitor throughout the proceedings. For a straightforward unfair dismissal case, hearing day representation through a direct access barrister typically costs between 1,000 and 2,500 depending on the length of the hearing and the seniority of the barrister.

Summary

Instructing a direct access barrister for the hearing day only is a practical and cost-effective approach for many tribunal claimants. The barrister handles cross-examination, advocacy, and legal submissions while you manage the preparation. Providing well-organised papers and having a pre-hearing conference maximises the effectiveness of this approach.

Ready to take the next step? Contact the Barrister Connect team and we will get you a clear quote within 24 hours. Talk to us now.