Employment Tribunals - Road Map 2022-2023

As the country and businesses continue to manage it's way out of the pandemic, the Employment Tribunal's are no different. Given the events of the last two years the Employment Tribunal system has faced increasing pressures which has led to a backlog in the processing, management and listing of claims.

Her Majesty's Court and Tribunal Service have produced a reform programme in an attempt to increase the ways people can access justice. The aim is to cut down on unnecessary paperwork for judges so that their time can be ringfenced for the most complex cases. A key development in the Employment Tribunal systems is an attempt to modernise the tribunal procedures and convert paper-based processes into digital systems. Whilst we have witnessed the onset of video hearings, the aim for the Employment Tribunal is to return to more in person hearings.

When considering in which format to list a hearing the Employment Tribunal will consider the following:

• With complex preliminary issues, such as discrimination, the Tribunal will aim to list it in person. For more straightforward matters and for case management the default position will be for these to take place via telephone or video.

• The default position will be that applications for interim relief and for money claims such as unpaid wages, holiday pay etc will be heard by video.

• Claims for unfair dismissal will vary. It is the intention that these will be heard in person, however this will depend on the resources available to the Employment Tribunal.

• Likewise for claims such as discrimination and whistleblowing it is the wish of the President of Her Majesty's Court and Tribunal Service that these will be heard in person, however there will still be a reliance on video hearings due to resources. NB the default position is that in Scotland these claims will be heard in person.

At Forbes we have dedicated and experienced fee-earners who have vast experience with Employment Tribunal claims. This includes all the preparatory work and advocacy at the preliminary and final hearings.