Employment Tribunal Road Map 2022-23

Due to the bumpy road that the Covid-19 pandemic has provided us with, the Employment Tribunals have continued to update the “Road Map.” The Road Map, provides recognition of the future twists and turns that we may encounter during the 2022-23 financial year.

Her Majesty’s Courts and Tribunals Service (HMCTS) are still struggling to produce reliable management data and accurate information on performance (from the new case management system which was introduced in Spring 21). This has led to ongoing data silence which is impairing strategic and operational decision making.

The significant increase of the turnover of staff within the HMCTS is still a worry. However, on a positive note, due to the advancements of Cloud Video Platform (CVP), a high number of hearings have been taking place by way of video, which otherwise would not have been taking place.

HMCTS Reform Programme

Due to the innovative changes within the past few years, the Employment Tribunals are now in the grip of the modernisation process known as the “HMCTS Reform Programme” and will include: paper to digital, instead of sending/receiving letters/email to various regional offices, parties/reps will be able to access case information through a portal designed for that purpose, called the “My HMCTS Portal.

During 2022 the new replacement for the CVP platform will be replaced by the Video Hearings Service. HMCTS will offer digital support services (paper channels will also be available to those who cannot use it)..

There will be an automation of the listing process, through a platform known ListAssist (however, the listing policy still remains a judicial concern).

Each aspect of the Programme, aims to enhance, not impede the access to justice.

The reformed system will be rolled out in stages, HMCTS intends for it to begin with open track cases involving unrepresented claimants. There will be an online system for submitting claims/responding to them.

Video Hearings

Whilst there can be no return to the pre-2020 normal in the Employment Tribunals, the reliance on video will slightly decrease.

Currently, there’s approximately 90% of Hearings being undertaken by video. Whilst it is convenient for most, the shared view remains that justice is best experienced by the vast majority of individual litigants in a face-to-face environment.

In order to balance the rapid changing circumstances of the pandemic / justice, the answer is, practicality = hybrid working!

Road Map 2022-2023

Different Employment Tribunal regions/different parts of Britain, may need to shift at different speeds – this is due to resources available. However, it remains that:

(1) in every case it will be open to a judge to decide, in the interests of justice, that the default position below should not apply; and;

(2) it will always be possible for a party to apply to the Tribunal with a request for their hearing to be held using a different format.

Preliminary hearings in private

Will continue to default to telephone or video.

Preliminary hearings in public

  • Straightforward (e.g., Time limits in an unfair dismissal case) will continue to be by video.
  • Complex (e.g., Application of TUPE, whether a person is disabled under the Equality Act) will make greater use of in-person hearings.

Preliminary hearings to consider and application to strike out/deposit order

Video – likely to permanently stay this way.

Applications for interim relief

Video – likely to permanently stay this way.

Judicial mediations

Video (some parts of England, telephone will continue)

Final hearings

  • Short track (e.g., unpaid wages/holiday pay/redundancy pay) will continue to be video. However, subject to resources, where the case involves significant disputed evidence, there will be greater use of in-person hearings. 
  • Standard track (UD). The process will vary in different parts of Britain. However, the aim is to return to in-person, especially when the case involves a significant amount of disputed evidence (in certain parts of London, where there’s a backlog, they’ll remain as video).
  • Open track (discrimination/whistleblowing) to default to in-person. Due to the backlog in certain parts of England, it will remain as a hybrid/video hearing.
  • Other hearings e.g., to deal with applications for reconsideration or costs/expenses will remain as video.