Handling employment tribunal claims

Tribunal procedure - hearings before/after the main hearing

Usually employment tribunal claims go straight to the main hearing. But in some cases one or more other hearings before the main hearing may need to be held.

Case management discussions

These are heard by a chairman alone and are held to identify the issues to be determined in the case and to consider procedural aspects. They may be conducted by telephone conference call. No evidence is given.

The chairman may make orders, including on:

• what information needs to be shared
• the length and dates of any subsequent hearings

Pre-hearing reviews

These are hearings to consider preliminary issues in the case, although in some instances they may decide aspects of the case, or even dispose of the case altogether. They are usually heard by a chairman alone, although a full tribunal will usually be called if one or more issues of substance are likely to be determined.

In a pre-hearing review both sides must explain the basis of their case. One party may be required to pay a deposit of up to £500 to proceed with the case to full hearing. Pre-hearing reviews can be held to decide on a legal point such as whether a late claim can proceed, whether a claimant is disabled within the meaning of the Disability Discrimination Act for disability discrimination claims, or whether the claimant has enough service to make an unfair dismissal claim.

If the tribunal decides against the claimant on any point, that part of the case ends there.

See the page in this guide on tribunal procedure - the main hearing.

Subjects covered in this guide

• Introduction
• What happens after an employment tribunal receives a claim
• Alternative ways of resolving employment disputes
• Acas conciliation
• Preparing for a tribunal case
• Tribunal procedure - hearings before/after the main hearing
• Tribunal procedure - the main hearing
• Possible outcomes from tribunal cases
• Challenging a tribunal judgement

 

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