What an Employment Tribunal hearing is really like?

One of the questions I have been asked the most about my Employment Tribunal is

“what was it like cross examining former colleagues & coming face to face with them?” 

Personally cross examining eight witnesses who were all former colleagues was one of a number of challenges which filled me with nerves that week.

In the lead up to and during the five day hearing I was very aware there was so much I didn't know, I always felt like I was the least qualified person at each step of the journey. I knew the solicitor, barrister, judge and panel members did this work day in and day out whereas I had no exposure to the inner workings of an Employment Tribunal.

Throughout the process I was never sure what to expect. What tone and words to use. I did a lot of preparation to give myself the best chance. I spent time learning how to cross examine, what questions to ask and how to structure them; my eyes hurt from reading so much!

I tried to think of everything I could do to reduce the unknown; I visited the court where my case would take place so that I was familiar with the building, security staff, the actual court rooms and even the toilets! I looked into where it would be best to park so I didn’t have to worry about travel on the day. I planned out what I would wear making sure there were lots of high neck options to disguise the nervous rash I get when I’m worried. 

I observed other peoples tribunals and I watched an online mock Tribunal to get an idea of what would be expected of me. All my paperwork was labeled and filed into document wallets. I had paper, pens and highlighters at the ready.

I spent time researching the barrister I knew I was up against and once I realised the calibre I was dealing with I felt completely out of my depth & very vulnerable. 

I tried to prepare myself for the worst. I was never sure what the outcome of the tribunal would be. I knew how Morrisons behaved was undoubtedly morally wrong; but my concern was that the treatment may not be considered discriminatory or it might not have met the legal criteria for the judge and panel to find in my favour. 

When I walked into the building on day one of the hearing I felt sick and full of nerves. My heart was pounding and I could feel adrenaline surging through my body. 

When we got into the courtroom the judge put me at ease and ensured I was clear about the following four and a half days. I was relieved that there was no one from Morrisons there as I hadn’t spoken or seen anyone involved in my claim for over six months. 

We broke for lunch and when I got back into the courtroom I was shocked to see so many of Morrisons’ witnesses in the same room. I felt like a nervous wreck and at that point my cross examination began. I tried to remember all the questions I had anticipated I would be asked. I was relieved that I managed to keep calm and answer all the barristers questions despite my integrity being called into question which made me feel really emotional. The questioning lasted just under two hours. After what felt like a character assassination the judge decided we would finish for the day. I was utterly drained and I could hardly remember a word I had said. It took a while for the adrenaline to ease off. As I left the building I had to pass a number of Morrisons witnesses. This made me incredibly uncomfortable but I took a deep breath, held my head high, kept looking forward and I walked out of the building as fast as I could. 

At home that night I began preparing for the next day checking the notes I had made and I got feedback from my brilliant father in law who had agreed to come to court with me everyday as moral support.

The following day I summoned up my energy and courage and went back to court. I provided the judge with a timetable of how long I was planning to spend cross examining each of Morrisons witnesses, the judge appeared to appreciate the effort I had made. Unexpectedly a surprise piece of last minute evidence was submitted by Morrisons which caught me really off guard. I didn’t have time to worry about that as I had to start cross examining the first witness. I was proud of my questioning and felt I did a good job especially as I had never done anything like that before. Once the questions for the first witness were answered we broke for lunch. I surprisingly managed to eat something as my nerves seemed to have settled. 

The cross examination of the second witness did not go as well, in fact it was awful. I felt like I could have cried in the middle of that round of questioning; the person I was cross examining appeared frustrated with me and clearly had a very different version of events. The judge and panel had a number of questions to ask the second witness after I had finished with my cross examination questions, this gave me some reassurance that they understood all was not as it seemed. 

Not long after I began cross examining the third witness the judge decided it was time to finish for the day. There was more awkwardness when everyone left the room at the same time, I avoided eye contact and focused on getting home.  Much like the previous evening I spent time preparing for the next day reviewing my notes and getting my father in laws input. 

The following morning I woke up with knots in my stomach and I felt really tired. When I arrived at court there was yet another surprise last minute piece of evidence. I re-commenced the cross examination of the third witness and I did not feel like it was going well. I think it was particularly hard because I had known this witness pretty much since the beginning of my career and we had worked together a lot. 

When we broke for lunch I could barely eat. Just when I needed it the most my amazing friend appeared out of nowhere. I had no idea she was going to come to court to support me but at that very moment I could not have been more grateful. She gave me a pep talk and helped me to go back into court believing I had it in me to finish off the difficult cross examination. The next witness was called up and I felt like I was back in control. The cross examination of the remaining witnesses was by no means easy but I felt I had got the worst over with. 

On the second last day of the hearing both myself and Morrisons barrister submitted our closing statements. I had expected to read out what I had prepared but after four very intense days where I had done a lot of talking it was a relief to not read out the 2280 word document.

Toward the end of the day the judge informed us that they had changed their mind and instead of giving a reserved judgement they had decided they would give their judgement on the last day of the hearing. This really unsettled me, I could feel tension building in my stomach as my mind jumped to conclusions. Did this mean the decision was easy to make because it was clear the legal criteria had not been met? 

I went home that evening feeling really distracted. I tried not to think about what would happen the next day but it was hard. I did not sleep well and I woke up feeling exhausted. The judge had told us we did not need to be in court until mid morning on the last day of the hearing so rather than waiting & feeling anxious I decided to go to a toddler class with my youngest as I knew it would be a good distraction and I wouldn’t have time to think about the case. I really had absolutely no inclination what the outcome would be and it would have been torture to try to guess. 

I felt very shaky and full of anxiety going into the courtroom for the outcome. The one good thing was there was only Morrisons barrister and one Morrisons witness in the room. Having been in the same room as all those witnesses, everyday for four days, after not seeing them for so many months was horrendous.

Everything felt a lot more formal on the last day, for the very first time the court usher instructed us to stand for the judge and panel when they walked into the courtroom.

My husband came along on the last day of the hearing to support me, also I was worried that if I was unsuccessful my father in law would be left to deal with a broken woman. Almost as soon as we sat down the judge read out the decision. The judge and panel had unanimously decided that I had been subjected to maternity and sex discrimination and ultimately I was constructively dismissed. The sheer relief and emotion I felt when the judge gave that decision is hard to describe. I could feel tears streaming down my face and I almost felt like I couldn’t breathe. I was so relieved that all the effort had been worthwhile, all the time and energy I had put in was worth it. 

After the judge explained a lot of legal information, much of which made no sense to me, we were told to take a break and come back an hour later to deal with the financial remedy. This seemed to take Morrisons barrister by surprise but the judge was adamant that remedy would happen that day. I honestly had no interest in the money bit. At that point I wanted to leave with the validation of the judge & panels decision. I was terrified that Morrisons barrister would take the opportunity to offer me a settlement and ask me to sign a NDA (non disclosure agreement); I was aware that this happens a lot on the last day of a tribunal hearing but at no point did this happen. I was genuinely relieved because for me it was never about financial compensation, it was about Morrisons being held to account for their actions, validation that what they did was wrong and raising awareness about what goes on behind the closed doors of big multi billion pound organisations who make claims about being family friendly & championing women.

To my surprise the judge made a point of acknowledging my conduct, level of organisation and how I presented my case, it meant a lot to me that someone legally qualified with a lot of experience could see how hard I hard worked, it also gave me a confidence boost at a time when my confidence was on the floor. 

Eventually we finished up in court and my husband, father in law and I went for a celebratory drink. It all felt very surreal especially when I shared the news with family and friends. Everyone was so proud of me and I too felt proud of my hard work & determination.

Representing myself with no legal support was the biggest challenge I have ever undertaken but I did it and I won. It was gruelling, relentless and took a lot out of me but I am glad I did it and I would do it again if I had to. How will anything change unless we speak up and fight back?

77% of women experience discrimination in the workplace but only 1% raise a tribunal claim.

If you want more detailed support on preparing for an Employment Tribunal please get in touch. You can find me on online at www.letstalkwork.co.uk and through my Instagram account: Lets.Talk.Work

Please check out my 12 min TEDx Talk on How to challenge workplace discrimination and win