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31 March, 2021 Open access

Presidential Guidance issued on hearing Employment Tribunal cases remotely ‘by default’ in 2021/2022

New 'road map' for the year also sets out staffing developments including a 'virtual region' that will bring together judges and lay members remotely to hear cases

New guidance has been issued by the Employment Tribunals Presidents for England and Wales and for Scotland on the use of remote hearings 'by default' in 2021/2022.

In their first 'road map' for hearing and listing Employment Tribunals issued in June 2020 - attached to guidance on FAQs arising from the Covid-19 pandemic - the Presidents set out their expectation that telephone and video channels would be increasingly used in the period to December 2020.

Providing updated guidance today in A road map for 2021/2022, the Presidents summarise developments to manage caseloads and to improve efficiency in preparation for the relaxation of Covid-19 restrictions over the spring and summer of 2021. In particular, these include -

In addition, the guidance sets out the types of cases that will be decided via telephone or video hearings 'by default' in 2021/2022 (subject to an Employment Judge deciding that the default position should not apply or, where a party objects in writing) -

NB - the guidance confirms that the intention is to apply the default approach to cases that are yet to be listed, but that it is open to a tribunal in an ongoing case to revisit its approach on its own initiative or upon application by a party.

For more information, see Employment Tribunals: A road map for 2021/2022 from judiciary.uk