Procedure at employment tribunal final hearing

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

  • Procedure at employment tribunal final hearing
  • Final hearing defined
  • When tribunal may order final hearing to be conducted as a preliminary hearing
  • General issues in relation to hearings
  • Layout of the tribunal building and hearing room
  • Composition of employment tribunal
  • Whether hearing will be public or private
  • Procedure at hearing
  • The beginning of the hearing
  • Which party goes first
  • More...

Procedure at employment tribunal final hearing

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 ET Rules classify all hearings as either:

  1. a preliminary hearing. See Practice Note: Preliminary hearings in the employment tribunal for further information, or

  2. a final hearing. See Practice Note: Preparation for employment tribunal final hearing and the remainder of this Practice Note, below, for further information

The scope of what these two types of hearing may cover is different, as are the ET Rules which govern their procedure. These aspects are discussed in this Practice Note and also separately in the other Practice Notes mentioned above.

Final hearing defined

A final hearing is a hearing at which the tribunal determines the claim or such parts as remain outstanding following:

  1. the initial consideration (under rule 26—see Practice Note: Initial consideration by employment judge of claim and response), or

  2. any preliminary hearing (under rule 53—see Practice Note: Preliminary hearings in the employment tribunal)

There may be different final hearings for different issues (for example, liability, remedy or costs). For further guidance on these, see the sections of

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