Employment Tribunals Act 1996 s.29 – Conduct of hearings

(1)A person may appear before the Appeal Tribunal in person or be represented by—

(a)counsel or a solicitor,

(b)a representative of a trade union or an employers’ association, or

(c)any other person whom he desires to represent him.

(2)The Appeal Tribunal has in relation to—

(a)the attendance and examination of witnesses,

(b)the production and inspection of documents, and

(c)all other matters incidental to its jurisdiction,

the same powers, rights, privileges and authority (in England and Wales) as the High Court and (in Scotland) as the Court of Session.

Definitions used in section 29 4

the Appeal Tribunal: “the Appeal Tribunal” means the Employment Appeal Tribunal,
Defined in s.42(1) · see it in the full Act
representative: “representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2) ,
Defined in s.42(1) · see it in the full Act
trade union: “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 .
Defined in s.42(1) · see it in the full Act
employers’ association: “employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 ,
Defined in s.42(1) · see it in the full Act

Cases considering section 29 3

Terence Hancox v Kenneth Sutherland & Ors

[2026] EAT 139 · 17 September 2026

The EAT recognised its power to order production and inspection of documents, but held that the requested material was irrelevant to the ground proceeding and that disclosure would be disproportionate. (see paras [140]-[145])

A & Anor v X (PRACTICE AND PROCEDURE - Disclosure)

[2019] UKEAT 0113_18_2606 · 26 June 2019Limits

The Tribunal held that this incidental-powers provision could not provide authority for a continuing restricted reporting order, given the analogous decision in Trinity Mirror. (see para [47])

D' Silva v Manchester Metropolitan University

[2011] UKEAT 0336_09_1102 · 11 February 2011

The judgment confirms that a litigant may appear or be represented before the Appeal Tribunal by any person desired. Representation is generally beneficial, but fairness and proportionality may justify continuing with a prepared appeal without an adjournment. (see paras [26]-[29])

What each judgment says about section 29 is in the case-law panel in the full Act.