New employment tribunal “road map” for 2021/22 published
- 6th April 2021
- Posted by: admin
- Category: News
The President of the Employment Tribunals (England and Wales) and the President of the Employment Tribunals (Scotland) have jointly published a new “road map” for employment tribunal proceedings in the financial year 2021/22. The road map includes the following key points for tribunal users:
- 16 new legal officers will start work in April 2021, with more to be recruited, and they will be authorised to determine all matters that fall within their delegated powers, subject to a programme of training and supervision (see further below)
- later in April 2021, a new “virtual region” will be launched in England and Wales – to be populated by around 100 existing fee-paid employment judges (and, in due course, by non-legal members), the virtual region will operate alongside the ten existing regions in England and Wales and will take advantage of the flexibility offered by video hearings to enable judges, members and staff who are geographically dispersed to come together on the Cloud Video Platform to hear cases generated by any region. In its first year, it will redirect resources to London and the South East, which together hold over half of the outstanding tribunal caseload
- later in the spring, salaried and fee paid judges working in courts and other tribunals and who have suitable employment law expertise will be able to act as employment judges in England and Wales.
As for hearings, it is anticipated that video hearings will continue to be used for at least two years to assist in reducing the outstanding tribunal caseload, and the default position for new cases yet to be listed in 2021/22 is as follows:
- preliminary hearings listed in private for case management purposes will default to telephone or video
- preliminary hearings in public to determine a preliminary issue (e.g. time limits or employment status) will default to video, as will preliminary hearings to consider an application to strike out or for a deposit order and applications for interim relief
- judicial mediations will default to telephone or video
- final hearings of short track claims (unpaid wages, notice, holiday pay, redundancy pay, etc.) will default to video
- final hearings of standard track claims (unfair dismissal) will vary by region. In most parts of Britain, they will return in greater numbers to in-person hearings. In London and the South East however, they will default to video
- final hearings of open track claims (discrimination and whistleblowing) will also vary. In most parts of Britain, they will default to in-person hearings, but in London and the South East, parties should expect to see greater reliance on video, including hybrid formats
- other hearings listed specifically to deal with applications for reconsideration or costs/expenses will default to video.
In every case, the road map notes that it will be open to an employment judge to decide that the default position should not apply, and it will also always be possible for a party to write to the employment tribunal office handling their case to explain why they would like the hearing to be held using a different format.
Source: New feed