Preliminary Hearing Agenda
The "Preliminary Hearing agenda" refers to the typical matters an employment judge will consider and address during a case management preliminary hearing in the Employment Tribunal. This type of preliminary hearing is common in more complex cases, such as discrimination or whistleblowing claims, to prepare the case for a final hearing.
While tribunals may send out a standard case management agenda in advance, and parties are encouraged to complete and send copies to the other parties and the tribunal at least seven days before the hearing, the judge will typically consider some or all of the following:
Clarifying the issues in dispute: This includes whether the parties wish to amend their claim or response, or request "further and better particulars" to clarify issues not clearly set out in the initial pleadings. The judge may order parties to produce "further and better particulars" or agree a list of issues. It is helpful for parties to try and agree a list of issues beforehand and provide it to the judge.
Determining preliminary issues: This covers any substantive issue that might determine the complaint or the tribunal's jurisdiction, such as whether a complaint was brought in time.
Making orders: This includes considering whether to make a deposit order, which requires a party to pay a sum of money to the tribunal if a claim or response has little reasonable prospect of success.
Structuring the claim: For instance, whether parties need to be joined or dismissed, if claims should be consolidated, or if the case involves test cases.
Exploring Alternative Dispute Resolution (ADR): This involves considering the possibility of settlement or ADR methods like judicial assessment or judicial mediation, and the parties' views on participating. Judicial assessment is a confidential process where a judge offers an early evaluation of the case's strengths and weaknesses, typically after issues are clarified and case management orders are made.
Expert evidence: Determining if expert evidence is required for the case.
Further case management: Deciding if additional case management will be necessary later in the proceedings.
Disclosure and inspection of documents: Issuing directions for the exchange of relevant documents between parties.
Schedule of loss and counter-schedule: Requiring the provision of a claimant's financial losses and the respondent's response to those losses.
Exchange of witness statements: Setting deadlines for parties to exchange written statements from their witnesses. Where a substantive preliminary issue requires evidence, directions for exchange of witness statements are usual.
Preparation for the final hearing: This involves agreeing upon and preparing documents for the tribunal's use at the final hearing, such as:
A list of issues and agreed facts.
A chronology of key events.
A "cast list" of key individuals.
A hearing timetable, scheduling time for witness evidence, closing submissions, and tribunal deliberations.
Skeleton arguments.
Hearing bundle responsibility: Deciding which party will be responsible for preparing the final hearing bundle of documents.
Listing the case for final hearing: Considering the required length of the hearing, whether it should be online or in-person, and witness availability.
The goal of a case management preliminary hearing is to narrow the issues in dispute and prepare the case effectively for resolution. We can ensure your have filled out the agenda and are making the right applications for the case management preliminary hearing.
The "Preliminary Hearing agenda" refers to the typical matters an employment judge will consider and address during a case management preliminary hearing in the Employment Tribunal. This type of preliminary hearing is common in more complex cases, such as discrimination or whistleblowing claims, to prepare the case for a final hearing.
While tribunals may send out a standard case management agenda in advance, and parties are encouraged to complete and send copies to the other parties and the tribunal at least seven days before the hearing, the judge will typically consider some or all of the following:
Clarifying the issues in dispute: This includes whether the parties wish to amend their claim or response, or request "further and better particulars" to clarify issues not clearly set out in the initial pleadings. The judge may order parties to produce "further and better particulars" or agree a list of issues. It is helpful for parties to try and agree a list of issues beforehand and provide it to the judge.
Determining preliminary issues: This covers any substantive issue that might determine the complaint or the tribunal's jurisdiction, such as whether a complaint was brought in time.
Making orders: This includes considering whether to make a deposit order, which requires a party to pay a sum of money to the tribunal if a claim or response has little reasonable prospect of success.
Structuring the claim: For instance, whether parties need to be joined or dismissed, if claims should be consolidated, or if the case involves test cases.
Exploring Alternative Dispute Resolution (ADR): This involves considering the possibility of settlement or ADR methods like judicial assessment or judicial mediation, and the parties' views on participating. Judicial assessment is a confidential process where a judge offers an early evaluation of the case's strengths and weaknesses, typically after issues are clarified and case management orders are made.
Expert evidence: Determining if expert evidence is required for the case.
Further case management: Deciding if additional case management will be necessary later in the proceedings.
Disclosure and inspection of documents: Issuing directions for the exchange of relevant documents between parties.
Schedule of loss and counter-schedule: Requiring the provision of a claimant's financial losses and the respondent's response to those losses.
Exchange of witness statements: Setting deadlines for parties to exchange written statements from their witnesses. Where a substantive preliminary issue requires evidence, directions for exchange of witness statements are usual.
Preparation for the final hearing: This involves agreeing upon and preparing documents for the tribunal's use at the final hearing, such as:
A list of issues and agreed facts.
A chronology of key events.
A "cast list" of key individuals.
A hearing timetable, scheduling time for witness evidence, closing submissions, and tribunal deliberations.
Skeleton arguments.
Hearing bundle responsibility: Deciding which party will be responsible for preparing the final hearing bundle of documents.
Listing the case for final hearing: Considering the required length of the hearing, whether it should be online or in-person, and witness availability.
The goal of a case management preliminary hearing is to narrow the issues in dispute and prepare the case effectively for resolution. We can ensure your have filled out the agenda and are making the right applications for the case management preliminary hearing.
The "Preliminary Hearing agenda" refers to the typical matters an employment judge will consider and address during a case management preliminary hearing in the Employment Tribunal. This type of preliminary hearing is common in more complex cases, such as discrimination or whistleblowing claims, to prepare the case for a final hearing.
While tribunals may send out a standard case management agenda in advance, and parties are encouraged to complete and send copies to the other parties and the tribunal at least seven days before the hearing, the judge will typically consider some or all of the following:
Clarifying the issues in dispute: This includes whether the parties wish to amend their claim or response, or request "further and better particulars" to clarify issues not clearly set out in the initial pleadings. The judge may order parties to produce "further and better particulars" or agree a list of issues. It is helpful for parties to try and agree a list of issues beforehand and provide it to the judge.
Determining preliminary issues: This covers any substantive issue that might determine the complaint or the tribunal's jurisdiction, such as whether a complaint was brought in time.
Making orders: This includes considering whether to make a deposit order, which requires a party to pay a sum of money to the tribunal if a claim or response has little reasonable prospect of success.
Structuring the claim: For instance, whether parties need to be joined or dismissed, if claims should be consolidated, or if the case involves test cases.
Exploring Alternative Dispute Resolution (ADR): This involves considering the possibility of settlement or ADR methods like judicial assessment or judicial mediation, and the parties' views on participating. Judicial assessment is a confidential process where a judge offers an early evaluation of the case's strengths and weaknesses, typically after issues are clarified and case management orders are made.
Expert evidence: Determining if expert evidence is required for the case.
Further case management: Deciding if additional case management will be necessary later in the proceedings.
Disclosure and inspection of documents: Issuing directions for the exchange of relevant documents between parties.
Schedule of loss and counter-schedule: Requiring the provision of a claimant's financial losses and the respondent's response to those losses.
Exchange of witness statements: Setting deadlines for parties to exchange written statements from their witnesses. Where a substantive preliminary issue requires evidence, directions for exchange of witness statements are usual.
Preparation for the final hearing: This involves agreeing upon and preparing documents for the tribunal's use at the final hearing, such as:
A list of issues and agreed facts.
A chronology of key events.
A "cast list" of key individuals.
A hearing timetable, scheduling time for witness evidence, closing submissions, and tribunal deliberations.
Skeleton arguments.
Hearing bundle responsibility: Deciding which party will be responsible for preparing the final hearing bundle of documents.
Listing the case for final hearing: Considering the required length of the hearing, whether it should be online or in-person, and witness availability.
The goal of a case management preliminary hearing is to narrow the issues in dispute and prepare the case effectively for resolution. We can ensure your have filled out the agenda and are making the right applications for the case management preliminary hearing.