ET Presidents: tribunal hearings generally to be held remotely during lockdown

As a result of the latest national lockdown caused by the coronavirus (COVID-19) pandemic, employment tribunals are generally to facilitate hearings being held remotely (either wholly or in part) and to hold in person hearings only where necessary in the interests of justice, according to messages sent out to Employment Tribunal National User Group members by the President of the Employment Tribunals in England and Wales, Judge Barry Clarke, and by the President of Employment Tribunals (Scotland), Judge Shona Simon.

What are the practical implications of this?

A significant proportion of employment tribunal hearings are already being held remotely rather than in person. These announcements reinforce that while in-person hearings can still take place, despite the national lockdown from 6 January 2021, that will only occur as an exception where it is necessary in the interests of justice and the default position will be that hearings will take place remotely using the Cloud Video Platform.

These announcements confirm that the tribunal lists are being actively considered so that hearings currently listed as in-person or hybrid hearings may be converted to hybrid or fully remote hearings. However, parties should assume that in-person or hybrid hearings will go ahead in that format unless they are notified otherwise by the relevant regional tribunal office. Parties should note that decisions already made during 2020 on hearing format may be revisited as a result of the change in circumstances and they should inform the tribunal if their views on that subject have changed.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.