The COVID-19 Roadmap for Employment Tribunals

We are on the way to returning to 'normal' in light of the Covid-19 pandemic. The Employment Tribunal's general position remains that justice is best experienced in a face-to-face environment. However, given the increase in caseload (which existed well before the pandemic), tribunals cannot simply revert to holding final hearings exclusively on a face-to-face basis, and so video hearings will remain essential for at least two years. 

We have now been provided with a 'road map' for the default position for cases yet to be listed:

• preliminary hearings listed in private for case management purposes will default to telephone or video

• preliminary hearings in public to determine a preliminary issue (e.g. time limits, employment status) will default to video

• preliminary hearings to consider an application to strike out or for a deposit order will default to video

• applications for interim relief will default to video

• judicial mediations will default to telephone or video

• final hearings of short track claims (unpaid wages, notice, holiday pay, redundancy pay etc) will default to video

• final hearings of standard track claims (unfair dismissal) will vary. In most parts of Britain, as the physical estate recovers and requirements for social distancing are removed, they will return in greater numbers to in-person. This will take time, as recovery will not be uniform. In London and the South East, however, where the backlog is most severe and to maximise use of the virtual region, they will default to video

• final hearings of open track claims (discrimination and whistleblowing) will also vary. In most parts of Britain, they will default to in-person. The parties will be able to express a contrary view at the earlier preliminary hearing held for case management purposes having regard to our respective guidance documents. In contrast, in London and the South East, where the backlog is most severe and to maximise use      of the virtual region, parties should expect to see greater reliance on video, including hybrid formats. This will also facilitate remote participation by non-legal members drawn from the virtual region

• other hearings listed specifically to deal with applications for reconsideration or costs/expenses will default to video.

It will still be open to an employment judge to decide that the default position should not apply in any given case. It will also always be possible for a party to write to the employment tribunal office handling their case to explain why they would like the hearing to be held in a different format (e.g. in person or a hybrid haring).

The above information has been gleaned from here. 

For more information or to speak with Roy Magara,  a specialist employment lawyer at Magara Law, please call 01869 325 883 or email roy@magaralaw.co.uk. Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide.