Employment tribunals during the third lockdown

Employment tribunals during the third lockdown

Employment tribunals are still running during the ongoing lockdown provisions, while case work and hearings are still progressing, albeit more slowly. Let’s find out more. 

In previous articles, we’ve tried to keep you updated on how employment tribunals are running, despite the Coronavirus pandemic and its associated restrictions. As England and Wales enter the third national lockdown, the President of Employment Tribunals has published some more guidance on how tribunals will run during this time. In this article, we’ll run through the most critical points. 

Business as usual

While the pandemic led to significant delays to employment tribunals, the guidance’s central message is that they are working hard to catch up. Employment Tribunals and HM Courts and Tribunal Service (HMCTS) are taking advantage of improved technology, including the Cloud Video Platform, so they can continue to hold hearings, even during the new lockdown.

 If you have received a date for a tribunal, whether that’s in-person or remotely, you should assume that it is going ahead as planned. Until you hear differently from your regional office, the tribunal you are waiting for should still happen.

In-person hearings are still permitted under the current regulations. However, as we shall see, the President believes remote sessions to be more desirable.

In-person hearings

Where things may change is that if you were expecting an in-person hearing, it might take place remotely instead. During the lockdown, the President would like in-person hearings to be the exception rather than the rule. In-person hearings should only take place where it is necessary for justice.

When hearings were scheduled in 2020, administrators were not as confident in the remote technology as they are now. They also thought the restrictions might all be over by 2021. Unfortunately, this was not the case. Administrators are currently going through the waiting lists for tribunals to work out whether hearings initially scheduled to be in-person can be moved online.

Find out more from Couchman Hanson

If you’re thinking of starting legal action against an employer, or if an employee is threatening legal action against you, it’s time to talk to Couchman Hanson.

At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 722189 or email enquiries@couchmanhanson.co.uk