Operation of the Employment Appeal Tribunal during the coronavirus (COVID-19) pandemic

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

  • Operation of the Employment Appeal Tribunal during the coronavirus (COVID-19) pandemic
  • Announcement dated 9 April 2020 from the President of the Employment Appeal Tribunal
  • Announcement dated 25 March 2020 from the President of the Employment Appeal Tribunal
  • The previous direction of Friday 20 March 2020
  • The position from Thursday 16 April 2020
  • Remote hearings, but only for some appeals
  • Types of hearing that the EAT may decide to hold
  • Default type of hearing is ‘in person’
  • Wholly remote hearings
  • Partially remote hearings
  • More...

Operation of the Employment Appeal Tribunal during the coronavirus (COVID-19) pandemic

Several announcements have been made concerning how the EAT will operate during the coronavirus (COVID-19) pandemic (on 20 March 2020, 25 March 2020 (revised on 26 March 2020) and 9 April 2020) by the President of the Employment Appeal Tribunal, Choudhury P.

In addition:

  1. a statutory instrument making a temporary amendment to the EAT Rules (the Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020, SI 2020/415) came into force on 10 April 2020

  2. the Practice Direction (Employment Appeal Tribunal – Procedure – Hearings) 2020 was issued, along with a Remote Hearings Protocol, both of which apply to all hearings in the Employment Appeal Tribunal taking place on or after 12 June 2020

HM Courts & Tribunals Service (HMCTS) has issued guidance for those asked to attend a hearing in person at a court or tribunal during the coronavirus outbreak. Attendees:

  1. must comply with social distancing rules whilst in court or tribunal buildings, including when speaking without a mask in a court or tribunal room

  2. must wear a face covering in all public and communal parts of court and tribunal buildings in England, unless subject to an exemption

  3. may wear face coverings whilst in a court or tribunal room

  4. may be allowed to remove face coverings when speaking or presenting evidence, and judges may ask for them to

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