Hearing and decision
Once the Tribunal has received the appeal and the response, both parties will be asked whether they want the case to be decided at a hearing or on the written papers.
If either side requests a hearing, one will usually be arranged.
Before the hearing
You will receive at least 21 days’ notice of the hearing date, time and venue.
The notice will explain how the hearing will run and what you should bring.
If you or your representative cannot attend on the date given, you may ask the Tribunal to change it, but you will need to give reasons.
You can be represented by a lawyer or by a lay representative, and you may also bring a supporter for moral or practical support.
At the hearing
Hearings are normally conducted by a panel of three members, chaired by a legally qualified member.
Hearings are usually in public but may be held in private if justice requires (for example, where sensitive personal matters are involved).
At the start, the chair will explain the procedure.
Each party will have the chance to:
- Give evidence
- Call witnesses
- Question (cross-examine) the other side’s witnesses, and
- Make submissions (arguments) about the case
Tribunal members may also ask questions to clarify the evidence.
The Tribunal can allow new evidence to be heard if it is fair and reasonable to do so.
If one party does not attend, the Tribunal may still decide the case if it is satisfied they were notified, or it may adjourn to another date.
After the hearing
The Tribunal will consider the evidence and submissions before reaching a decision.
Decisions can be given at the end of the hearing or issued in writing within 30 days.
The decision will state whether the appeal is upheld (allowed) or dismissed, and what the consequences are.
A written copy of the decision, together with reasons, will be sent to both parties.
The Tribunal will also explain your right to seek permission to appeal to the Upper Tribunal for Scotland if you believe the decision is wrong in law. Parties will also be notified of their right to appeal the Tribunal’s decision on a point of law to the Upper Tribunal for Scotland.