Conducting a Cross-Examination
- Duration
- 21 minutes
- Format
- Video
Written by Julia Gidney · former leading employment lawyer.
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▸ Read the video transcript
Cross-examination is the part of an Employment Tribunal hearing that claimants probably dread most, but it doesn't need to be.
Done well, it's simply careful preparation, put into practice.
In this video guidance, my favourite avatar Ada, will explain how the experts do it:
How to mark up the agreed bundle so you can find anything you need in seconds.
How to tie every question back to the agreed list of issues, and how to use leading questions to get the answers you need.
You'll learn how to handle an evasive witness, including how to set the evidential “trapdoors” that leave them nowhere to go.
And how to record the answers you get.
And we'll explore the mistakes that can cost a claimant their case. Thanks for watching.
What This Video Guidance Covers
Understand how cross-examination works before you're standing in front of it, and how to answer without being caught off guard.
Content includes:
- 1 How to begin cross-examination planning
- 2 A practical method for marking-up the agreed bundle
- 3 Working with the List of Issues
- 4 Structuring your questions - witness by witness
- 5 Preparing your individual witness plans
- 6 How to structure and phrase your questions for maximum effect
- 7 How to deal with an evasive witness
- 8 How to record the answers you receive
- 9 The mistakes to avoid
- 10 When re-examination applies - and what it is
Good to Know
Who is this video for?
Anyone representing themselves or someone else at an Employment Tribunal hearing in England & Wales who will need to question the other side's witnesses, and who wants to do it the way experienced advocates do.
What's included?
A 21-minute video covering the two documents you must have in front of you before you start, how to understand the List of Issues and use it to decide what each witness needs to be asked, and a practical method for marking up the agreed bundle and building your cross-examination plans from it. It covers how to structure and phrase your questions for maximum effect, how to deal with an evasive witness, how to record the answers you get so you can use them later, and the mistakes that most often undermine a self-represented party's cross-examination.
What templates come with it?
A downloadable sample List of Issues covering many of the claim types that come before the Tribunal, so you can see the questions the Tribunal will be asking itself and therefore what your cross-examination needs to prove.
I'm not a lawyer — can I really do this?
Yes. The method in this video is the one professional advocates use, broken down step by step, and most of it is careful preparation rather than courtroom technique. The video is clear that preparation is what makes the difference.
Will I be told which questions to ask?
No. The video explains why a rigid script works against you. Instead it shows you how to work out your questions from your own bundle and List of Issues, with examples of the kinds of question that work and those that don't.
What comes after cross-examination?
Final submissions — our module How to Prepare & Deliver Final Submissions is designed to follow on directly from this one.
Is it up to date?
Employment law, the Acas Code and Tribunal rules change regularly. We monitor these changes closely and update our videos when they happen. If we update this video, the new version appears in your personal video dashboard automatically, at no extra cost.
How long will I have access?
Employment Tribunal cases can take a long time to reach a hearing, so your video stays available to you for 24 months. If you need longer, just email us at info@wdidi.org and we'll extend it for you. We want you to have our guidance for as long as you need it.
Is this legal advice?
No. None of our guidance is legal advice. If you need advice on your own case, please contact a solicitor or other qualified representative. The Law Society's Find a Solicitor service is a good place to start — or your local Citizens Advice if cost is a concern.
Anything else?
More questions? Our full FAQ is here.
