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A road map has been published for employment tribunal hearings in England, Wales and Scotland for 2022-2023. The road map explains reforms underway to modernise tribunal processes and the role of video and in-person hearings in the future.

Video hearings are set to continue, but the good news for businesses is that the aim is to return to more in-person hearings where possible. Tactically, in-person hearings can be useful to focus a claimant’s mind and test whether they’re really committed to litigation given they’re more expensive, require travel and are generally a more daunting experience.

Video hearings will remain the default position for:

  1. Case management hearings
  2. Open preliminary hearings
  3. Strike out or deposit order applications
  4. Interim relief applications
  5. Final hearings for claims relating to unpaid wages, notice, holiday and redundancy pay

In-person hearings will be the preference for claims such as unfair dismissal, discrimination and whistleblowing (relying on a hybrid video/in-person approach where there is a backlog of cases). Parties to a case can apply to the tribunal for a change of format if a video or in-person hearing would be preferred.

If you’ve received a tribunal claim and need advice and support to manage the process and your defence, get in touch

 

This update is accurate on the date it was published (28 April 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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