Swaying

We have previously advised against making faces and excessive throat clearing during tribunal hearings.

Add to this list ‘swaying’.

This involves shifting your weight from side to side, so that your body rocks from left to right to left and so on.

At best this is a distraction, at worse it may make people sea-sick. Fortunately, it’s rarely a problem in employment tribunals, where everyone sits down throughout the hearing. The danger is in the Employment Appeal Tribunal, where you stand up to speak. When it is your turn, stand up straight and plant your feet firmly. Then don’t move around. There is no need to remain rigidly at attention, but fidgeting will only distract from what you are saying.

Although this particular problem really only occurs in the EAT, the general rule is good in the tribunal as well. Avoid fidgeting; be it swaying or playing with elastic bands.

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