Employment Tribunals

Conciliation, disclosures, discrimination, remedies – there are many low-frequency (less commonly used) words and complex concepts involved in Employment Tribunals. Cases often rely on numerical and time concepts, such as schedules of loss, the establishing of time limits, or detailed chronologies of events or communications.

Hearings can be lengthy and emotive, requiring claimants to attend to, process, understand and respond to large volumes of verbal and written information. Claimants with a communication difference or difficulty can face a range of barriers to effective participation in this setting, depending on their particular communication needs.

Intermediary assessments

An intermediary assessment will explore the individual’s unique communication profile, documenting areas of strength and needs in a detailed report. The report will also record any adjustments likely to support the individual’s effective participation in proceedings.

In some cases, these adjustments may include the assistance of an intermediary. In other cases, an intermediary may not be recommended, as adaptations such as regular breaks, avoidance of figurative expressions and explanation of any complex vocabulary will be sufficient to support participation. The recommended adaptations will be clearly set out in the report.

• Learn more about making a referral for an intermediary assessment.
• Make a referral or booking.

Booking and working with an intermediary

If an intermediary is recommended, they can be booked to attend conferences and hearings (subject to the approval of the judge). The intermediary can provide recommendations to the Tribunal at the outset of hearings (and throughout hearings, should particular needs arise).

How an intermediary assists a claimant can vary considerably, depending on that person’s communication profile and their response to particular strategies (for example, some claimants may find that listening to simplification provided by an intermediary during a hearing places too many demands upon their attention, and careful comprehension checking, further explanation and recaps in breaks is more helpful).

An intermediary can provide real-time assistance in conferences and hearings. For example, they may use comprehension questions to check understanding of key concepts in conferences with a legal representative, or provide live simplification of terminology or complex concepts in hearings (they may use strategies like producing visual aids to achieve this).

An intermediary can also assist a claimant who is giving evidence. This may involve reviewing and providing feedback on questions in advance (subject to the Judge’s approval), monitoring questions put to the individual during their evidence (and intervening when a question may not be clearly understood), and monitoring the person’s attention, emotional regulation and understanding (recommending adjustments such as breaks, or use of tools like a visual timeline, where appropriate).

Litigants in Person (LiPs)

Intermediaries can also assist in cases where the claimant is unrepresented. However, it is important to note that the intermediary role is somewhat more restricted in these cases. This is because it is not appropriate for an intermediary to provide explanation and simplification without a legal professional present.

In these cases, an intermediary can make recommendations to the court (at the outset of proceedings, and in real-time as and when needs arise), review questions in advance, assist during the claimant’s evidence, indicate when a claimant has not understood and requires further explanation in hearings, and provide additional support in breaks in the presence of a legal professional (for example, they can use strategies like simplification, visual aids, and easy-read ‘court diaries, provided this is monitored or reviewed by an impartial legal practitioner such as the Judge in the case).

• Learn more about the intermediary role with Litigants in Person.

Make a referral using our online portal or call us on 0121 663 0931 to discuss options in a specific case.

To learn more about the intermediary role, visit The Access Brief – a bank of free bite-sized guides developed for legal professionals by intermediaries.

Here you will find information about the intermediary role in Ground Rules Hearings, the purpose of ‘questions in advance’, and specific guidance on working with clients with common conditions which impact communication.

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