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...

Employment tribunal case management

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:

  1. interpreting the ET Rules, and

  2. exercising any power it has under the ET Rules

Furthermore, the parties and their representatives:

  1. must assist the tribunal to further the overriding objective, and

  2. 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:

  1. ensuring that the parties are on an equal footing

  2. dealing with cases in ways which are proportionate to the complexity and importance of the issues

  3. avoiding unnecessary formality and seeking flexibility

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