An employee is allowed to represent himself at an employment tribunal or to be represented by anyone, who need not be legally qualified. The tribunal rules also give the tribunal wide powers as to how the hearing should be conducted.
The Court of Appeal has held that where these two rules conflict, the latter shall prevail. The tribunal can dismiss a representative for good reason.
In the case, an employee was represented by an unqualified friend who was clearly floundering and out of his depth. The tribunal quickly formed the view that he was delaying proceedings considerably. He repeatedly interrupted when he should not, and refused to be guided by the tribunal. It was obvious that the employee, who also conducted the hearing, was much better at doing so. The representative even interrupted the employee. The tribunal allowed the representative to help prepare submissions and to advise, but decided that he could not be allowed to continue acting as a representative.
The court held that the tribunal had this power when justified, and that this was a case where the exercise of that power was justified.
Bache v Essex County Council. CA [2000]
[2000]