The Employment Tribunal system has been updated with the introduction of the 2024 Procedure Rules and a Practice Statement issued by the Senior President of Tribunals (SPT) on January 6, 2025.
This Practice Statement allows legal officers to take on various judicial tasks to increase efficiency and ease the workload of employment judges. This change is significant for both employers and employees involved in tribunal cases.
Key Changes: Delegated Powers for Legal Officers
The Practice Statement allows legal officers to manage various procedural tasks. This is under the supervision of an employment judge. The aim is to speed up case management and free up judges for more complex cases. Key tasks delegated to legal officers include:
Time Limits
Extending or shortening deadlines for cases under Rule 5(7).
Claim Form Defects
Addressing issues with claim forms to ensure only valid cases move forward under Rule 13(1)(c), (d), (e), (f), or (g). Proper service is fundamental to ensuring fairness and due process.
Service of Claim Forms
Directing how and when claim forms are served to ensure fairness under Rule 16(3).
Response Time Extensions
Granting extra time to respondents who need more time to reply under Rule 21.
Default Judgments
Managing cases where a party fails to engage by issuing default judgments under Rule 22 and postponing hearings if necessary.
Case Management Orders
Making decisions on case management under Rule 30, such as time extensions and amendments, unless objections are raised. This does not apply in specific circumstances under Rule 32(3).
Lead Case Orders
Assigning a lead case for similar issues to ensure consistency in decisions under Rule 37(1).
Preliminary Hearings
Scheduling preliminary hearings under Rule 53 to resolve procedural issues before the main hearing, when no objections are raised. The hearing will focus on case management matters under Rule 52(1)(a).
Insolvency Proceedings
Confirming stays of proceedings if the respondent is in liquidation or administration.
Claim Withdrawal
Dismissing claims when they are withdrawn under Rule 51.
Right to Review by a Judge
Rule 7(2) offers a safeguard: any party can apply in writing within 14 days of receiving a legal officer’s decision to have it reviewed by a judge. This ensures judicial oversight and preserves the fairness of the tribunal process.
These changes are designed to make the Employment Tribunal system more efficient. While many procedural matters will now be handled by legal officers, the right to judicial review ensures fairness and accountability.
