(1) Rule 41: Procedure at a hearing

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Division PI Practice and Procedure

| Commentary

(1) Rule 41: Procedure at a hearing

Copyright © 2025 LexisNexis

| Commentary

Y. Procedure at a hearing

Whether at a final hearing or a preliminary hearing, an employment tribunal has a general power to regulate its own procedure, and a duty to conduct the hearing in the manner it considers fair, having regard to the principles contained in the overriding objective (SI 2024/1155 r 41(1)) (for considerations specific to preliminary

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1. Employment Tribunals

(a) Generally

(b) Rules 44 and 46: Public and press access to the hearing, witness statements, and other materials

(c) Maintenance of an orderly hearing and use of social media during hearings

(d) Record of the proceedings

(3) Remote and hybrid hearings including Cloud Video Platform

(a) Generally

(b) Identifying the issues and the role of a list of issues

(5) Timetabling and cases which do not finish within the listing

(a) Representation

(b) Accompaniment

(7) Rule 47: Failure to attend by a party

(a) The start of the hearing

(b) Splitting or combining liability and remedy

(b) Splitting or combining liability and remedy

(c) The order of presentation of the evidence – who goes first

(9) Evidence generally

(a) Witness statements and evidence in chief

(b) Video evidence for overseas witnesses

(c) Admissibility and hearsay evidence

(d) Cross-examination