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The latest figures show that the average wait to attend a hearing from the date that a claim is issued is just under a year (335 days to be precise). So, what does this mean in practice? 

No longer a sure way to a fast buck – if settlement is on the cards then tactically a long wait to tribunal might be helpful. During settlement discussions, it’s worth reminding claimants of the need to consider the benefits of receiving an early payment versus a long wait for potentially no reward.

Recollections fade – don’t wait until a few months before a hearing before preparing your bundle of documents. Prepare early so you understand your case, and can preserve precious evidence that the passing of time may dilute.

Dealing with departures – you’ll want your best witnesses to attend the hearing. It’s increasingly the case that witnesses have left the employer’s employment before the hearing making it harder to succeed at tribunal. Ensure that any employee pivotal to your case understands you’ll need them to give evidence on your behalf (so they can give their new employer early notice).

Get in touch if you need our advice or support in your approach to settlement or case management prior to a hearing. 


This update is accurate on the date it was published (03 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

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