Employment tribunal case management

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

Employment tribunal case management
The overriding objective
General case management powers of the tribunal
Presidential Guidance
Composition of employment tribunal
Tribunal bias, procedural irregularity and applications for recusal
Specific case management powers of the tribunal
Varying, suspending or setting aside case management orders
Making an application for a case management order
When an order takes effect

More...

Time for compliance with an order to pay
Failure to comply with an order or rule: the consequences
Early judicial assessment
Excluding relevant evidence and the use of sample incidents
Exclusion of relevant background evidence
The use of sample incidents
Lead cases
Applying to disapply the lead case ruling from a particular related case
Where a lead case is withdrawn
Vexatious litigants
Restriction of proceedings order
Civil proceedings order
Civil restraint orders
Vulnerable parties and witnesses
Generally (paras 1–12)
Orders/directions and relevant factors (paras 13–17)
Case management and ‘ground rules’ (paras 18–21)
Examples of adjustments for vulnerability (paras 22–23)
Further considerations (paras 24–25)
Tribunal participants with a disability: relevant legislation (paras 26–34)
Equal Treatment Bench Book (paras 35–36)
Vulnerability and the capacity to litigate (para 37)
The Advocate’s Gateway (paras 38–40)
Other guidance (paras 41–43)
Privacy and vulnerability (paras 44–53)
Coronavirus (COVID-19) pandemic (para 54)
Disabled persons and the duty to make reasonable adjustments
Mental capacity to conduct proceedings
Interpreters
Acquiring evidence from another EU Member State

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 overriding objective

At the heart of the Employment Tribunal Rules of Procedure (ET Rules) is the 'overriding objective'.

The overriding objective of the ET Rules is to enable employment tribunals (ET) to deal with cases fairly and justly.

The tribunal must seek to give effect to the overriding objective in:

•
interpreting the ET Rules, and
•
exercising any power it has under the ET Rules

Furthermore, the parties and their representatives:

•
must assist the tribunal to further the overriding objective, and
•
must, in particular, co-operate generally with each other and with the tribunal

In addition to the general description of the overriding objective as enabling ET to deal with cases fairly and justly, rule 2 also sets out more specific examples of what that should involve. Dealing with a case fairly and justly includes, so far as practicable:

•
ensuring that the parties are on an equal footing
•
dealing with cases in ways which are proportionate to the complexity and importance of the issues
•
avoiding unnecessary formality and seeking flexibility in the proceedings

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