Preliminary Hearing

A preliminary hearing is a formal session held within the employment tribunals under the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), which came into force on 6 January 2025. The scope of these hearings, as outlined in Rule 52, is broad and includes several key purposes:

Case Management

Conducting an initial consideration of the claim with the parties and making necessary orders to prepare the case for the final hearing. This often involves clarifying issues, directing disclosure of documents, and the provision of a Schedule of Loss and counter-schedule, as we discussed previously, and exchange of witness statements.

Determining a Preliminary Issue

Deciding any substantive issue that could determine the complaint or the tribunal's jurisdiction, such as whether a complaint was brought in time.

Strike-out or Deposit Order

Considering whether to strike out a claim or response (or part of one) if it is scandalous, vexatious, has no reasonable prospect of success, or for non-compliance, among other reasons. A deposit order may also be considered.

Alternative Dispute Resolution (ADR)

Exploring the possibility of settlement or other forms of ADR, including judicial mediation.

Procedure

Preliminary hearings are generally conducted by an employment judge sitting alone, unless a full tribunal (judge, employee, employer member) is deemed necessary in the interests of justice. While often held in private, any part of the hearing determining a preliminary issue or considering a strike-out must be conducted in public.

The tribunal must provide reasonable notice of the hearing, and if preliminary issues are to be decided, at least 14 days' notice specifying those issues.

The tribunal has the power to make various orders and judgments at these hearings, including case management orders and even orders for interim relief. It is important for parties to prepare by clarifying issues, considering necessary directions, and assessing the value of the claim.