In June 2020 the first “road map” was issued by the Presidents of the Employment Tribunals in England and Wales for listing and hearing cases in the Employment Tribunal jurisdictions as a result of COVID-19. A further road map was issued in 2021/22 and a third road map is due to be released in readiness for the 2022/23 financial year.
The new roadmap should deal with issues unrelated to problems caused by the pandemic such as the turnover of HMCTS staff and excessive waiting times as well as the new case management system for the Employment Tribunals that was introduced in the spring of 2021.
The previous road maps generated some really positive developments such as a large-scale recruitment exercise for Employment Judges and the implementation of the “virtual region” which has seen the two Employment Tribunal jurisdictions spend up to 30,000 hours a week on the Cloud Video Platform (CVP).
In the new roadmap, the Presidents are trying to find a balance between ways of working pre-pandemic and moving on from the need for digital services during the COVID-19 pandemic.
Road map for 2022/23
The following hearings will continue to take place over the phone/video:
- Private preliminary hearings
- Public preliminary hearings (unless there are complex issues that require the hearing to be in person)
- Preliminary hearings for applications to strike out or for a deposit order
- Applications for interim relief
- Judicial mediations
- Final hearings of short track claims (unless the case involves significant disputed evidence and requires the hearing to be in person)
- Other hearings are listed specifically to deal with applications for reconsideration or costs/expenses
Final hearings of standard track claims will vary between over the phone/video and in-person and final hearings of open track claims will default to in person.
Parties can apply to the Employment Tribunal for the hearing to be held over the phone/video or in-person and the judge has discretion on how the hearing will be heard.
The Presidents have also indicated that paper-based processes will be made digital using an electronic system. Instead of sending and receiving letters and emails to and from the offices, parties will be able to access their case information through a specially designed portal.
How can we help
Kate Frisby is a Trainee Solicitor at Nelsons.
For advice on or further information in relation to the subjects discussed in this article, please contact Kate or a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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