0370 270 6000

Employment Tribunals 2022-23 – What to Expect

1 April 2022

The Presidents of the Employment Tribunals England and Wales and Scotland have issued a new road map for 2022-23, providing an update on the resourcing challenges faced by employment tribunals and the steps put in place to address these. The Presidents have also taken the opportunity to provide an update on the HMCTS Reform Programme, what this means in the employment tribunal context, and what format different hearings types will default to for the coming year.

HMCTS Reform Programme

Described by the Presidents as “genuinely transformative”, HMCTS reform within employment tribunals is largely concerned with digitising current paper-based processes. Instead of sending letters and emails, parties and their representatives will be expected to make use of a portal and this will become the primary means of communication (although paper channels will remain open for those unable to access the reformed systems). There will be Court and Tribunal Service Centres handling certain administrative tasks, as well as operating as the “frontline” for telephone enquiries. A replacement video platform is expected to be rolled out within 2022. Claim forms and response forms are to be submitted via an online service.

Roll-out will be in stages; currently, HMCTS expects the roll-out to begin with open track cases involving unrepresented claimants, although the Presidents have stressed that “much remains to be decided”. “Open track” cases are the most complex claims – those involving discrimination and whistleblowing allegations. “Standard track” cases cover unfair dismissal claims and “Short track” cases relate to monetary claims, such as claims for unpaid wages, holiday pay, notice pay or redundancy pay.

Hearing format

The road map stresses that the format will vary from tribunal to tribunal because of variable resources, such as IT facilities, the existing case load and the number of usable tribunal rooms. There will also continue to be the possibility of hybrid hearings, in which one or more participants (including panel members) joins remotely.

Hearing Type

Default Hearing Format(s)

 

Telephone

Video

In-person

Case Management Preliminary Hearing

 

Open Preliminary Hearing (straightforward)

 

 

Open Preliminary Hearing (complex)

 

 

Strike Out/Deposit Order Hearing

 

 

Interim Relief Hearing

 

 

Judicial Mediation

 (in some areas)

 

Short Track Final Hearing (straightforward)

 

 

Short Track Final Hearing (significant disputed evidence)

 

 

 (subject to local resources)

Standard Track Final Hearing

 

 (in some areas due to backlog e.g. London/South East)

Open Track Final Hearing

 

 (in some areas due to backlog e.g. London/South East or lack of hearing rooms e.g. Wales)

Other Hearings (such as reconsideration or costs applications)

 

 

 

Whilst the information above sets out the suggested default position, it will be open to a judge to decide that the default position should not apply, and equally open to a party to request a different format for particular reasons.

Training and events

6Jul

ICS Forum webinar series: What’s new for ICSs? Microsoft Teams

Presented by Gerard Hanratty, this webinar will look into the key new functions for Integrated Care Systems under the new Health & Care Act 2022. It will be a useful update on what is new, how it may be interpreted and what issues may arise.

View event

6Jul

New guidance on exclusions - what you need to know ON24 webinar platform

The department for Education is releasing new guidance on exclusions and suspensions, making changes to the behaviour, suspension and exclusion framework and guidance. Join us on 6 July as we explain the proposed changes and help you understand how they will affect you and your school.

View event

Focus on...

Legal updates

Equalities Act-dependent SEN appeal dismissed

On 11 May 2022, the Upper Tribunal returned its decision on an appeal which concerned the interface between special educational needs (SEN) provision under the Children and Families Act 2014 and obligations under the Equality Act 2010.

View

Legal updates

Can long Covid amount to a disability?

On 7 May 2022, the Equality and Human Rights Commission (EHRC) tweeted “Discussions continue on whether ‘long Covid’ symptoms constitute a disability. Without case law or scientific consensus, EHRC does not recommend that ‘long’ be treated as a disability.”

View

Published articles

Menopause in the Workplace

Menopause has become an increasingly discussed topic, with high-profile women talking about their own experiences across a variety of media channels. As awareness is rising in the public arena, it has highlighted the question on how the menopause should be treated at work and what employers should be doing to support their employees affected by menopause.

View

Guides

Developing a whole school approach to flexible working

Timewise recently conducted a Teaching Pioneers Programme in eight secondary schools across three multi-academy trusts which Browne Jacobson was able to support, along with others.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up