An employment tribunal Preliminary Hearing (PH) is a meeting between the parties to a case, ordered by a Tribunal and held in order to discuss the legal issues in dispute and try to reach an agreement.  

The main purposes of a PH are to:

- clarify and, hopefully, narrow the legal issues in dispute. It is only the legal issues in dispute that the Tribunal will decide at a final hearing, so knowing and identifying what they are at an early stage is important and often helps limit the time spent on a claim.

- agreeing a timetable for the preparation of the final hearing. This is to ensure the parties know what they need to do, and by when, to ensure the case is ready for final hearing and a determination.

If you have been invited to attend a PH, it is important to prepare carefully and make sure you understand your rights and options. You should also consider whether you want to be represented by a lawyer.

In advance of a PH, you may be asked to complete an Agenda to help show to the judge what issues there are and how the case should be handled.

What happens at a Preliminary Hearing?

At a PH, the Employment Judge will discuss the case with the parties and try to clarify and, if possible, narrow the legal issues in dispute. The Judge may also ask questions about the evidence that each party intends to call.

The Judge will not want to hear the evidence and the PH is not designed as a final hearing; it is a high-level discussion to ensure the case is prepared in time for the final hearing where the evidence will be heard. 

The judge will set and decide the timetable to ensure the case is fully prepared for the final haring.

The timetable will include dates for the parties to:

- send lists of relevant documents to each other (including any that are detrimental to their own position)

- provide copies of relevant documents to the other side

- agree a Trial bundle, usually with the respondent responsible for its preparation

- exchange witnesses statements with each other

- attend the final hearing.

What happens after a Preliminary Hearing?

Once the judge has decided on the legal issues and timetable, this will be reflected in an order and sent to the parties. This is a legally binding document and can result in consequences if either party breaches the order.

Once the parties know the dates and deadlines, they should ensure they meet them; failure to do so could leave a party exposed and at risk of costs or strike out.

By following the Order, and preparing the case in accordance with it, the case should be fully prepared and ready for the final hearing.

What are the benefits of attending a Preliminary Hearing?

There are several benefits of attending a PH, not least, failure to do so could count against you.

The PH can help clarify and narrow the legal issues in dispute. This can help you keep focus on the case and can save time and money for both parties, as you don’t need to focus on other issues. This in turn should help reduce stress and cost.

It gives a sensible and realistic timetable to ensure the case is prepared and it will say who is responsible for each step, reducing the need for the parties to agree.

What are the risks of attending a Preliminary Hearing?

There are some risks associated with attending a PH, including:

- Agreeing to something that you do not want to agree to or do not understand the implications of. It is important to make sure that you understand any concession you give or agreement you reach at a PH. If you agree to something that you do not want to agree to, it may be difficult to change it later.

- If you behave in a way that frustrates or annoys the judge, that can back-fire.

Despite the risks identified above, we do strongly recommend you attend a PH. If you are uncertain about the process, we recommend you take legal advice. By seeking legal advice, you can ensure that you are prepared for your preliminary hearing and have the best chance of a successful outcome from it. Our team of experienced lawyers will guide you through every step of the process and help protect your rights.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023