Without doubt appearing as a witness in a tribunal case is very daunting and nerve wrecking for most. Nothing compares to the real thing. But there are steps you can take to bolster your confidence and provide yourself with the best opportunity to give your best evidence.
So here is 10 Golden Rules for giving evidence:
- Be honest. This should be an obvious one but, on occasion, witnesses can try to overthink the question and try to predict where it is leading to, rather than answer it in a straightforward way. If you are not honest, chances are you will be tripped up later with inconsistencies in what you say.
- Prepare, prepare and prepare. There is an ocean of difference between a witness who has reviewed all documents and has prepared, to one that comes along thinking this won’t be too difficult.
- Listen to the question being asked and answer it. Not the question for which you have prepared the answer or the one you would like to be asked.
- Treat time as your friend, not your enemy. Take your time to think about the question you have been asked, pause and then answer it. Time doesn’t travel as fast as you think it does.
- Once you’ve have answered the question, STOP. Don’t be tempted to continue to fill in the gaps between the end of your answer and the next question (dare I say waffle?). This is where most witnesses open themselves up to further cross examination.
- Follow the pen. No this is not a metaphor. Literally pace your answer to the speed of the Judge’s pen. As archaic as it sounds, the Judge makes a handwritten note of the question asked and your answer. They will become extremely irritated at you if, after one or two gentle reminders, you don’t take heed and follow the pen.
- Remain calm. At no stage should you argue with the person cross examining you. Never, ever ask them a question such as ‘well, what would you have done?’ You will lose the respect of the panel plus scored a home goal, so to speak. You are there to answer the questions not ask them (unless you genuinely don’t understand what they are asking, then of course do ask). And remember you are trying to persuade a panel of 3, not win an argument with the cross examiner.
- Do not avoid the difficult questions. Sometimes you’ve got to accept where matters could have been handled better or other valid criticisms. Your preparation (see 2 above) will have helped you work through these areas. It does not necessarily mean you’ve lost your case but you will come across as a more credible and reasonable witness.
- Listen carefully to any questions the Employment Judge or panel ask. These are the areas they maybe struggling with or in some instances where they may not have fully understood the case.
- Finally, if your representative asks you a question in re-examination chances are your representative thinks you’ve got something wrong and they are asking you to rethink your answer.
These rules are very much based on our organisation’s experience of appearing for, and presenting Tribunal cases. Nothing is like the real life so good luck and don’t be too hard on yourself!
New GB Consultations and comparison with the position and/or proposals in Northern Ireland
On 23 October 2025, the GB government launched four consultations on how to give effect to new rights and duties that will form part of the GB Employment Rights Bill as part of their Make Work Pay plans.
These are:
- Make Work Pay: duty to inform workers of right to join a union
- Make Work Pay: trade union right of access
- Make Work Pay: enhanced dismissal protections for pregnant women and new mothers
- Make Work Pay: leave for bereavement including pregnancy loss
Each Consultation is summarised in more detail below which also summarises the position in Northern Ireland:
Consultation closes: 18 December 2025.
This new duty will be introduced under the Employment Rights Bill and will require employers to provide workers with a written statement informing them of their legal right to join a trade union. The duty is expected to take effect by October 2026.
Northern Ireland: Employers should note that there is a similar proposal contained in the Northern Ireland Good Jobs Bill and it will be interesting to see if the outworkings of this Consultation will shape how the duty will operate in Northern Ireland.
Key Areas of Focus
Form of the Statement: Government’s preference is for a standardised template that employers can issue with workplace-specific details.
Content of the Statement: The proposal is for the statement to include:
- A brief overview of trade union functions, such as representing workers and negotiating on pay, terms, and redundancies.
- A summary of statutory rights under Part 3 of the Trade Union and Labour Relations (Consolidation) Act 1992, including protection from detriment based on union membership.
- A list of trade unions recognised by the employer, if any, to help workers identify available representation.
- A link to a GOV.UK page listing current trade unions, especially useful for workplaces without formal recognition agreements.
This is perhaps more detailed than was expected and is more than a simple statement expressing a right to join a union.
Delivery Method: The proposal is to deliver the statement directly to new workers alongside their statement of employment particulars. However, the Consultation also seeks views on indirect methods.
Frequency of Reissue: The government proposes an annual re-issue of the statement to existing workers. If indirect methods are used (e.g., posters or intranet), annual reminders would still be required.
Again, we had expected that it would have been included in the written statement without any requirement to remind workers of it.
Consultation closes: 18 December 2025
This proposal is to give trade unions a legal right to access workplaces and communicate with workers both in person and digitally and again is expected to take effect in Great Britain by October 2026.
Northern Ireland: It is noteworthy that whilst Northern Ireland is also considering a legal general right of access the way the right will operate in Northern Ireland will differ to how it will work in Great Britain.
Currently, trade unions do not have a general right of access and must rely on voluntary agreements or individual members within a workplace.
The right to request access will be to:
- Meeting, supporting, representing, recruiting, or organising workers
- Facilitating collective bargaining
Access includes physical (on-site) or digital (e.g., via IT platforms or employer-facilitated distribution of materials).
The proposal is that an independent union will submit a formal notice of access to the employer. The employer may agree or object to the request.
If both parties agree, the terms are recorded with the Central Arbitration Committee (CAC) [the equivalent to the Industrial Court in Northern Ireland].
If no agreement is reached within a set timeframe, either party may refer the matter to the CAC. The CAC will assess whether access should be granted based on statutory criteria. It will also determine the terms of access and enforce agreements.
The Consultation is seeking employer views on:
- How unions should request access
- How employers should respond
- What factors the CAC should consider when granting access
- How fines for non-compliance should be determined
- A statutory Code of Practice will be consulted on in spring to provide practical guidance for implementation.
Consultation is open until 15 January 2026.
The third Consultation is around making it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers for at least six months after they return to work—except in very specific circumstances.
Northern Ireland: Currently Northern Ireland are not considering similar proposals here. Under the Good Jobs Bill, NI’s plans are to enhance protection from redundancy for pregnant employees and those taking family leave by extending the redundancy protection period to 18 months from date the child is born. This would align Northern Ireland to the current position in Great Britain.
The aim is to tackle ongoing pregnancy and maternity discrimination in the workplace. The Consultation is seeking views from employers and other stakeholders on how this new protection should work in practice.
Key areas under review include:
- What specific circumstances should still allow dismissal during the protected period?
- When the protections should begin and end (i.e. what the protected period should be)
- Whether other new parents (e.g. fathers, adoptive parents) should be covered
- How to ensure women are aware of their rights
- How to support businesses through the change
- How to avoid unintended consequences, such as hiring hesitancy
- Whether additional steps should be taken to tackle pregnancy and maternity-related disadvantage
Two main options are being considered:
- A stricter fairness test: Employers would need to meet a higher standard when dismissing someone in the protected group, even if a fair reason exists.
- Limiting or removing some fair dismissal reasons – For example, narrowing the ‘conduct’ ground to only cover serious misconduct, or removing ‘capability’ and ‘some other substantial reason’ as valid grounds.
4. Make Work Pay: leave for bereavement including pregnancy loss
Consultation is open until 15 January 2026.
In Great Britain the government aims to introduce a new day-one right to unpaid bereavement leave under the Employment Rights Bill, which includes leave for employees who experience the loss of a loved one or pregnancy loss before 24 weeks. The consultation seeks views on defining who should be eligible for this leave, including the types of relationships that qualify and the forms of pregnancy loss that should be covered. It also explores whether others affected by pregnancy loss—such as partners or intended parents—should be entitled to leave.
In addition to eligibility, the consultation covers practical aspects such as the duration of leave, when it can be taken, and how flexible the arrangements should be. It also considers notice and evidence requirements, including how much notice employees should give and whether employers should be allowed to request proof of bereavement. While the leave will be unpaid, employers are encouraged to go beyond the statutory minimum to support staff wellbeing and morale.
Northern Ireland: In Northern Ireland, from 6 April 2026, statutory parental bereavement leave and pay will be extended beyond those proposed in Great Britain. Under these changes, employees in Northern Ireland will have a day-one right to statutory parental bereavement pay following the stillbirth or death of a child, without needing to meet the usual 26-week employment threshold. In addition, miscarriage up to 24 weeks will also be recognised as a qualifying event for bereavement leave from the first day of employment.
These entitlements apply specifically to individuals who are gainfully employed in Northern Ireland and paying Class 1 National Insurance Contributions.
Conclusions
It’s important for businesses in Northern Ireland to understand that — apart from SSP — the proposals currently being consulted on in Great Britain do not apply in Northern Ireland.
There are some similarities in the areas being reviewed as part of the Make Work Pay and Northern Ireland Good Jobs Bill, key differences still remain.
We will continue to keep members updated on any changes. If you have any questions, please contact the Legal team.
In Great Britain, the Equality and Human Rights Commission (EHRC) has formally urged the UK Government to act swiftly in implementing its updated draft Code of Practice. The EHRC submitted its draft Code to the government on 4 September 2025, for approval and thereafter it must be laid before Parliament for a 40-day period before it comes into force.
In a letter dated 15 October 2025, the EHRC raised concerns that the current version of the Code is now legally outdated following the Supreme Court’s decision in For Women Scotland v Scottish Ministers [2025] UKSC 16.
The EHRC is calling on the Government to revoke the current Code immediately and lay the updated version before Parliament without delay. This would provide clarity for courts, tribunals, and organisations with legal responsibilities under equality legislation.
Following submission of the draft Code, the EHRC has withdrawn its interim guidance on the practical implications of the For Women Scotland ruling. The guidance, originally published in April and updated in June 2025, faced criticism for being rushed and lacking accuracy. In the absence of formal guidance, the EHRC advises employers and other duty-bearers to seek specialist legal advice on their obligations under the Equality Act 2010 and the Human Rights Act 1998.
The EHRC’s actions come shortly after a letter from the Commissioner for Human Rights at the Council of Europe, dated 3 October 2025, which expressed concern about the treatment of trans people in the UK. The Commissioner noted that the For Women Scotland judgment did not address human rights issues and warned that misinterpretations of the ruling could lead to widespread exclusion of trans individuals from public spaces. He emphasised the urgent need for clear, inclusive guidance to support stakeholders in upholding rights and minimising exclusion.
Northern Ireland’s Position
In Northern Ireland, the legal and policy landscape differs. The Equality Commission for Northern Ireland (ECNI) published its own roadmap in June 2025 and had initially planned to seek a High Court declaration on the applicability of For Women Scotland in Northern Ireland by end of September 2025. This is due to Northern Ireland’s unique legal protections under Article 2 of the Northern Ireland Protocol and the “no diminution” commitment.
As of 10 October 2025, ECNI confirmed it is currently reviewing consultation responses and will provide further updates in due course. In the meantime, ECNI has issued interim guidance, which employers in Northern Ireland are encouraged to consult.
What Employers Should Do
Employers across the UK should be aware of the evolving legal context and the potential implications for workplace policies and practices. In light of the uncertainty surrounding the current Code and its alignment with recent case law, organisations are advised to:
- Monitor developments from the EHRC and ECNI.
- Review internal policies to ensure they reflect current legal standards.
- Seek legal advice where necessary, particularly in relation to equality and human rights obligations.
- Ensure any guidance used is up to date and legally sound.
We will continue to keep members informed as further updates become available.