A preliminary hearing is a hearing in employment tribunal proceedings that takes place before the final merits hearing. Preliminary hearings deal with a range of matters including procedural issues, jurisdictional questions, and in some cases substantive issues that can resolve the case without a full hearing. Understanding what happens at a preliminary hearing and how to prepare for it helps you engage with the process effectively.
Preliminary hearings can deal with case management orders such as the exchange of witness statements, the preparation of the hearing bundle, and the setting of a final hearing date. They can also deal with jurisdictional questions such as whether the claim was submitted in time, whether the claimant is an employee or a worker, and whether the tribunal has jurisdiction to hear the type of claim made. In some cases, the tribunal at a preliminary hearing considers whether the claim or any part of it has no reasonable prospect of success, and may strike it out or make a deposit order.
Both parties are expected to attend preliminary hearings, either in person or by telephone or video depending on the nature of the issues. The hearing is typically heard by a single employment judge rather than a full panel of three.
Where a preliminary hearing concludes that a claim or defence has little reasonable prospect of success, the judge can make a deposit order requiring the party to pay up to 1,000 as a condition of continuing with that part of the case. If the party then loses on the same ground at the final hearing, the deposit is forfeited and a costs order is more likely to follow.
Read the notice of the preliminary hearing carefully to understand what issues are to be addressed. Prepare any witness evidence relevant to jurisdictional issues. If the preliminary hearing is likely to deal with a limitation point, have your dates and correspondence ready. If you have a barrister, discuss the hearing in advance and make sure they have all relevant documents.
Preliminary hearings deal with procedure, jurisdiction, and in some cases substantive issues that may resolve or narrow the case. They are heard by a single employment judge. Deposit orders can be made where a claim has little prospect of success. Preparation focused on the specific issues listed for the hearing is essential.
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