Early judicial assessment of employment tribunal cases

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Early judicial assessment of employment tribunal cases
  • The nature of early judicial assessment
  • The purpose of early judicial assessment
  • The Presidential Guidance and Protocol
  • The Protocol
  • Questions and answers
  • The likely impact of early judicial assessment

Early judicial assessment of employment tribunal cases

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

The nature of early judicial assessment

Judicial assessment is an impartial, confidential and provisional assessment of the strengths, weaknesses and risks of the parties’ respective claims, allegations and contentions and any remedies by an employment judge, as part of a preliminary case management hearing (see Practice Note: Employment tribunal case management) in an employment tribunal case. It is only undertaken if all parties consent to it.

Judicial assessment is essentially a form of early neutral evaluation, which is one of the less well-used forms of alternative dispute resolution. For more information on the other forms, see Practice Note: Alternative dispute resolution in employment claims.

The purpose of early judicial assessment

The purpose of judicial assessment is to encourage parties to resolve their dispute by agreement.

The intention is that an early assessment of the case by an employment judge may assist the parties in identifying the real issues in the case and what is at stake, and may clarify and narrow the issues and encourage settlement.

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