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Updated 'Road Map' for Employment Tribunal Proceedings Published

on Friday, 22 April 2022.

The Presidents of the Employment Tribunals in England, Wales and in Scotland have published an updated 'road map' for Employment Tribunal proceedings in 2022/23.

Face-to-Face Proceedings

A 'road map' was first published for listing and hearing cases in June 2020 as part of the wider COVID-19 strategy.

In March 2021 an updated road map was issued, indicating the majority of cases would continue to be heard remotely. The Presidents have now issued a 2022/2023 version stating they wish to reduce reliance on video hearings on the basis justice tends to be best served in a face-to-face environment. The road map does however acknowledge that in some cases a video hearing reflects the preference of the parties, and can be less costly and disruptive to those who are participating. In particular, straightforward preliminary hearings, applications for interim relief, judicial mediations and some straightforward final hearings will continue to default to video.

In all cases, the judge will have the power to decide the default position should not apply and the parties can also apply to the Tribunal to ask for the hearing to be heard in a different way, if desired. A hybrid approach might also be possible, which would involve one or more participants joining remotely where necessary.

Why Is This Important for Employers?

Employers faced with tribunal litigation are encouraged to consider whether it best suits their needs for all or part of the case to be disposed of in-person, or remotely. This is something that can be discussed with your legal adviser, taking into account time and cost implications and any other practical barriers to participation, but also any particular circumstances that might mean an in-person hearing would be beneficial where this is not the default. Parties can make their own representations on how they think a case should be heard.


For more information, please contact Ellen Netto in our Employment Law team on 0117 314 5377, or complete the form below.

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