A roadmap for how Employment Tribunal hearings will be conducted over 2022 to 2023

6th April 2022

The Presidents of the Employment Tribunals (England, Wales and Scotland) have issued a Road Map for how hearings will be conducted over 2022 to 2023. The Road Map is essential reading for all employment practitioners. However, in summary, different Employment Tribunals in different regions may move at different speeds and the decision about the format of a hearing in any particular case will always be a matter for a Judge to consider (and the parties may apply for a hearing to take place in a particular format). Subject to the above:

  • Preliminary Hearings listed in private for case management are likely to continue to be held by telephone or video (this is likely to become permanent)
  • Preliminary Hearings listed in public to determine straightforward issues (such as time limits in a case of unfair dismissal) will continue to default to video (this is likely to become permanent)
  • More complex preliminary issues are likely to be dealt with at in person hearings
  • Preliminary hearings to consider strike out/deposit order applications will likely be heard by video (this is likely to become permanent)
  • Applications for interim relief will likely be heard by video (this is likely to become permanent)
  • Judicial Mediations will likely continue to be by video or telephone
  • Final hearings of short track claims will generally be by video
  • Final hearings of standard track claims will vary
  • There is a firm desire for final hearings in open track claims to take place in person but again this will vary
  • Other hearings listed to deal with specific applications such as costs/expenses are likely to be dealt with via video (this is likely to become permanent).

Click here to read the road map.

For more information, please contact Chambers Director Russell Porter.