Guidance

National Minimum Wage employment tribunal hearings by video — NMW FS5

Updated 3 May 2024

Because of the coronavirus (COVID-19) outbreak, HM Courts & Tribunals Service (HMCTS) has introduced video-link facilities to many courts in England and Wales. Video-link facilities are also available in Scottish courts and tribunals.

This allows National Minimum Wage (NMW) employment tribunal hearings to be held by video instead of in person.

Because you will be attending one of these hearings as a witness, this factsheet is to give you some information and guidance. This will help you to prepare for the hearing, and what happens during it.

About video meetings

HMCTS use an internet-based video meeting service called cloud video platform (CVP).

You can use any computer, tablet, or smartphone with a camera and a microphone to connect to CVP, However, you’ll find it easier to see things using a larger screen, especially if you need to read any documents.

There are multiple ways to connect to CVP, but it works best if you are using an internet browser. Please use the latest version of Google Chrome, Apple Safari, Opera, Mozilla Firefox, Edge Chromium, or Microsoft Edge. CVP will not work with any version of Internet Explorer.

If you do not have access to a compatible browser, you can use Microsoft Teams or Skype for Business to join the hearing.

If you are using a smartphone or tablet, there is a free application (app) that you can download. It’s called Pexip Infinity Connect and will also allow you to connect to the hearing.

Find information on how to join CVP for a video hearing. There are tutorials and videos to help you if you need them, so it’s a good idea to look at this before the day of the hearing.

You should only connect to the service if the web address begins with ‘https://’ as this means the connection is secure.

Support available before the hearing

We can give you support to help you take part in a hearing if needed. For example, by providing an interpreter or any reasonable adjustments you might need.

Tell us if you need support to join the hearing or if there’s a reason you cannot join. Some of the reasons could be:

• no access to a computer or mobile device
• no access or limited access to the internet
• a disability that means you need help with the video hearing
• you want to have someone with you; for example, a support worker

Please let us know as early as possible if you need any support. If you tell us too late, we may not have time to organise the support you need.

You should contact the NMW officer dealing with the case. They will look at your request and if they need to, they will ask HMCTS to do everything possible to make sure you’ll be able to take part in the hearing. This might involve you joining the hearing in a different way. If this is not possible, the tribunal may postpone the hearing.

Read more information on reasonable adjustments in equality and diversity for HMCTS users.

Preparing for a video hearing

Before the day of the hearing

You should:

• give your email contact details to the NMW officer dealing with the case — you will then be sent a video call invitation and any documents you might need for the hearing
• tell the NMW office as soon as possible if you do not have a large enough screen to read any documents on (or a second device to read emailed versions) during the hearing, so that paper copies can be sent to you by post — you’ll need to do this a few days in advance to allow for postage
• not copy or share with anyone any documents sent to you in paper or electronic format — if you do, you might be committing an offence — please ask your NMW officer about how to destroy any documents once the hearing is over
• do your best to make yourself available to speak to HMRC’s legal counsel — a barrister (or advocate, in Scotland) because they may want to speak to witnesses before the hearing
• test your equipment to make sure it works, and check that you know how to join the hearing

When you’re sent an invitation to a ‘test call’ with a tribunal clerk, you should make sure you attend it. This is to make sure that everything is working properly before the hearing takes place.

On the day of the hearing

You must:

• be ready to join the call at least 15 minutes before the hearing is due to start
• have any documents you need ready before the hearing 
• decide where you’ll sit for the hearing, it should be a space that is quiet and private
• let people who share the space know, as you must not be interrupted during the hearing
• have something plain behind you like a blank wall
• sit with the light in front of you not behind you, so your face is not in shadow
• make sure the Tribunal can see your face and shoulders, and that your camera remains still
• dress as if you were attending the hearing in person, which means you should dress smartly if you can
• make sure your device is fully charged, or plugged in — you do not want to get cut off during the hearing
• turn off your mobile phone (unless you’re using it to attend the hearing) or anything else that could distract you

When you join the call, you’ll hear a message that tells you that you are “waiting for the conference host to join” until it is time for the hearing to start, then the judge will allow you access.

You may have to wait for some time before you are allowed into the hearing. Please do not disconnect if that happens. If the call is disconnected (which may happen after an extended waiting period), you should call back using the same instructions as before.

The Tribunal will ask you to take an oath or make an affirmation when giving evidence. An oath is a promise, to tell the truth. If you want to make this with a holy book or scripture, make sure you have it with you.

During the hearing

Remote hearings will follow the same process as they would in a building. At the start of the hearing, the judge or magistrate will explain what will happen.

The judge may ask you questions to make sure you’ve understood. It’s important that you let the judge know if you do not understand something, or if you need a break.

To avoid disrupting the hearing, if you are not speaking you should mute your microphone if possible, so the court or tribunal does not hear background noise or conversation. You should leave your camera on throughout.

When your video is on you’ll be seen at all times, so be mindful of your body language and behaviour. This is whether you’re speaking or not.

During any breaks, you may be asked to mute your microphone or switch off your camera, or you may be asked to disconnect and re-join at a set time.

Do not enter a ‘screen sharing’ or ‘screen mirroring’ mode, or share any documents, without the judge’s permission.

If you have technical issues or are unable to join the hearing on the day, please contact the NMW officer dealing with the case using the method you have agreed with them.

Rules during a hearing

Everyone must treat remote hearings as seriously as if they were in a court or tribunal building. You should follow these rules:

• you must be on your own, unless you have been given permission for someone to support you
• only drink water
• do not eat
• do not smoke or use an e-cigarette
• follow the court or tribunal’s instructions

Recording and transcripts

The process for recording video hearings will be the same as for hearings held in a court building. You can apply for a transcript when hearings are recorded.

It’s a criminal offence to record, publish and take pictures of any court or tribunal hearing without authorisation.

If you need more help

If you have any health or personal circumstances that may make it difficult for you to deal with us, please let us know. We’ll help you in whatever way we can. Read more information about how to get help from HMRC if you need extra support.

Our privacy notice

Our privacy notice sets out the standards that you can expect from us when we ask for information or hold information about you. Read the HMRC Privacy Notice.