Key takeaways
New tribunal rules streamline case management
Updated procedures aim to improve efficiency and clarity.
Legal officers gain power to act on cases
Certain judicial tasks now delegated under strict oversight.
Employers should review processes for compliance
Changes affect timelines, hearings, and case administration.
Those involved in employment tribunal claims need to be aware of two significant developments which occurred on 6 January 2025.
Firstly, the new Employment Tribunal Procedure Rules 2024 came into force. The new rules largely replicate the substance of the old procedural rules, although there are changes to some rule numbers. The most notable change is a new power to delegate certain judicial functions to Legal Officers.
Secondly, the Senior President of Tribunals chose to exercise that new power and issued a new Practice Statement authorising Legal Officers to carry out specified functions of a judicial nature. Under the supervision of an employment judge, and in accordance with any applicable presidential guidance, Legal Officers are now permitted to determine and/or make orders in relation to the following specified matters:
shortening or extending a time limit
a referral concerning a substantive defect in a claim form
giving directions regarding service of a claim form, including the period for responding
an application for an extension of time for presenting a response
requiring a party to provide further information so that the tribunal may issue a default judgment
postponing a hearing when a decision is taken relating to the non-presentation or rejection of response, or a case that has not been contested by respondent
case management orders (where parties have been given an opportunity to object and no objection has been made) relating to:
an extension of time to comply with a case management order
to amend a claim or response
for additional information about another party’s claim or defence
for different claims to be considered together
postponing a hearing (except where a party makes an application for a postponement less than seven days before the date on which the hearing begins, or the tribunal has ordered two or more postponements in the same proceedings on the application of the same party and that party makes an application for a further postponement)
an order for a lead case where two or more claims give rise to common or related issues of fact or law (where parties have been given an opportunity to object and no objection has been made)
an order for a preliminary hearing (where parties have been given an opportunity to object and no objection has been made, and where the hearing relates to the preliminary consideration of the claim with the parties to make a case management order)
confirmation of a stay of the proceedings in the event of respondent’s compulsory liquidation or administration; and
dismissal of a claim following withdrawal.
Within 14 days from the date on which the tribunal sends notice of a decision made by a Legal Officer to a party, that party may apply in writing for the decision to be considered afresh by an employment judge.
