New “road map” provides useful guidance for Tribunal users over the coming 6 months.
If you are involved in a Tribunal case that is likely to be listed between now and December 2020, then the Presidents of the Employment Tribunals of England and Wales and Scotland’s “road map” for the listing and conduct of hearings over the next six months will be of interest.
The road map, published earlier this month, identifies three types of claims:
- Short track (claims for unpaid money such as wages or holiday pay);
- Standard track (e.g. claims for unfair dismissal); and
- Open track (e.g. complex claims for discrimination and whistleblowing).
The road map outlines the Employment Tribunal’s vision for a phased return to normal business, but it is inevitably dependent on how the wider situation develops and on matters that are outside the Tribunal’s control. Due to variable resources, different regions and Tribunals will go at different paces.
There are four phases to the road map:
This month Tribunals are unlikely to conduct any in-person hearings – any hearings that we’ve had have all been converted to remote hearings (by telephone and video link). Judges are being training in remote hearing technology for the duration of the month.
During July and August, hearings for standard track claims will be remote, with those that lost their hearing date over the last few months taking priority. Some short track and preliminary hearings will be in-person and some cases may be a hybrid – partly remote and partly in-person. Simple open track claims may begin to be heard.
For September and October, Tribunals will hear more open track claims remotely. Hearings for all three types of claims will be a mixture of in-person, hybrid and entirely remote.
Tribunals anticipate that, in November and December, there will be a period of continued social distancing. The use of remote hearing technology is likely to continue for some time.
If you are involved in a Tribunal case and have any questions about the road map or Tribunal practice and procedure more generally, please get in touch with a member of the team: firstname.lastname@example.org