Employment Tribunals Act 1996 s.6 – Conduct of hearings

(1)A person may appear before an [^F36employment tribunals^F36] 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)[^F37 Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or ^F37][^F38 Part I of the Arbitration Act 1996^F38][^F39 does not apply^F39][^F39 applies^F39] to any proceedings before an [^F36employment tribunals^F36] .

Definitions used in section 6 4

employment: “employment” means employment under a contract of employment and “employed” shall be construed accordingly,
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 6 6

M Odusanya v Pennine Care Foundation Trust & Ors

[2026] EAT 5 · 16 January 2026

Section 6(1) protects the party’s choice of representation. Representation includes legal advice and preparation as well as advocacy. The Tribunal therefore erred by refusing a requested consultation about a newly raised strike-out application without a specific sufficient reason. (see paras [40]-[45])

Drysdale v Department Of Transport (The Maritime And Coastguard Agency) (Practice and Procedure : Withdrawal)

[2012] UKEAT 0171_12_1302 · 13 February 2013

The provision gives a litigant the statutory right to choose a lay representative. The Employment Tribunal was required to respect that choice and could not impose a general requirement to verify the representative's authority for each decision. (see paras [66]; [76]-[77])

D' Silva v Manchester Metropolitan University

[2011] UKEAT 0336_09_1102 · 11 February 2011

The judgment confirms that a party may be represented by counsel, a solicitor, a trade union or employers’ association representative, or another desired person. That right supports fairness but does not create an automatic entitlement to adjournment when representation is lost. (see para [44])

QR v The GI Group Limited[2025] EAT 178 · 8 December 2025
Broomhead v Solicitors Regulation Authority[2014] EWHC 2772 (Admin) · 18 July 2014

1 more judgment, and what each says about section 6, are in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

F36Words in s. 6 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F37Words in s. 6(2) inserted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7(a)
F38Words in s. 6(2) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 62 (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2)
F39Word in s. 6(2) substituted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7(b)