Being cross-examined

If you are representing yourself in the employment tribunal, re-examination is problematic. How do you re-examine yourself?

It may help if you ask the tribunal’s permission to have a blank notebook and a pen with you when you are cross-examined. The tribunal may find this a surprising request – witnesses don’t normally take notes while they are giving evidence – but if you are representing yourself, you have to play two parts at once. You are the witness, but you are also the claimant’s representative. If you had a representative, she would be busily taking notes while you were cross-examined, and in particular noting points to return to in re-examination. It is hardly fair if you are expected to commit any points you want to return to to memory under all the stress of giving evidence. Point this out – and mention the overriding objective for good measure – and the tribunal may grant your request.