Making a claim in the Employment Tribunal

Read our step-by-step guides to help you understand and manage the employment tribunal process.

In some cases, tribunal claims can be listed for a preliminary hearing. In this guide we explain what they are and the purpose of them.

A preliminary hearing takes place before the final hearing can go ahead. The hearing can be requested by either party or it can be ordered by the tribunal themselves. Where a preliminary hearing is scheduled, the tribunal must give all parties reasonable notice and set out the preliminary issues to be decided at the hearing. Both parties are required to attend (or a legal representative on their behalf) and it usually lasts a couple of hours.

Why are they used?

The preliminary hearing can be used to help the judge familiarise themselves with the case including the legal issues in dispute, the value of the claim and any complexities that are involved. The judge will ordinarily set out the case management directions that need to be complied with prior to the final hearing and set deadlines for meeting each of them. This can include but is not limited to a schedule of loss, witness statements and the exchange of documentation to be relied on by either party.

The judge will also consider whether the claim (ET1) or its subsequent response (ET3) should be struck out either in full or in part. This can happen if there are no reasonable prospects of success or the tribunal does not have the jurisdiction to hear the claim.

Similar to early conciliation, judges tend to encourage the parties to resolve the dispute without the need for a final hearing and therefore will consider whether judicial mediation would be beneficial to the parties involved. Each party is entitled to put their views forward on whether they wish to take part.

Preparing for the Hearing

Both parties are under an obligation to assist the tribunal in any way that they can. For this reason, there are some preparatory steps to undertake before the hearing goes ahead. This usually includes:

• the completion of a case management agenda – this is a documented plan to assist the judge. It sets out information such as the value of the claim, the number of witnesses to be called, how many days are needed for the full hearing, the dates for exchanging documents and sets out any orders being requested by either party;
• drafting a list of issues – this is a breakdown of all legal tests that need to be established to meet the criteria for the claim to be successful. Each claim will be different and the list should be tailored accordingly.

Do you need legal representation at a preliminary hearing?

While it is possible to represent yourself as a ‘litigant in person,’ we recommend having a solicitor (or in some cases, a barrister) to represent your interests at the hearing. This is because the judge will be dealing with complex legal issues and procedural matters which need to be fully understood for the case to proceed. Facing the hearing on your own can be a daunting prospect and that’s why we’re on hand to help you, every step of the way.

To speak with one of our legal advisors please contact us today by calling 0333 888 1360 or completing the form below.