President of the Employment Appeal Tribunal issues amended Practice Direction to take account of remote hearings

Amendments apply in respect of all EAT hearings taking place on or after 12 June 2020

The President of the Employment Appeal Tribunal (EAT) has issued an amended Practice Direction to take account of remote hearings.

The amendment of the Practice Direction (Employment Appeal Tribunal - Procedure) 2018 provides for the replacement of paragraph 19 - that relates to 'Hearings' - with a new and expanded paragraph in relation to - 

• partially remote hearings - where a matter has been listed to be heard at a designated hearing venue, but one or more individuals have been permitted to participate (in whatever capacity) remotely, instead of by attending the hearing venue in person; and
• wholly remote hearings - where a hearing (whether or not it has already been listed) is to take place wholly by all participants (including the Judge or panel conducting the hearing) participating remotely, instead of attending in person at a hearing venue.

In addition, the amended Practice Direction covers issues relating to the recording of remote hearings, and the need to make reasonable arrangements to enable a member of the public wishing to attend a wholly remote hearing to do so remotely.

The amendments apply in respect of all EAT hearings taking place on or after 12 June 2020.

NB - while the amended Practice Direction is intended to expire at the same time as the Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020 (SI.No.415/2020) - that, in response to the COVID-19 pandemic, temporarily amend the Employment Appeal Tribunal Rules to specify that a hearing may be conducted by means of electronic communication - it states that 'it may be reviewed prior to the expiry of those Rules and may be revoked at any time'.

The Practice Direction (Employment Appeal Tribunal - Procedure - Hearings) 2020 is available from judiciary.uk