Employment and pensions
Welcome to our latest Coffee Break in which we look at the latest legal and practical developments impacting employers
Remote observation of tribunal hearings
Covid-19 saw tribunal hearings move to remote platforms; building on these new ways of accessing the tribunal system, a roadmap for 2021/22 was published by the Presidents of Employment Tribunals (England and Wales, and Scotland) and which highlighted that while "in general terms, justice is best experienced in a face-to-face environment", in respect of some of the innovations made during Covid-19 "we should not turn back".
As a default many claims now continue to be managed at the preliminary stages by way of telephone or video hearings and depending on the type and complexity of claim, the same applies to some final and appeal hearings.
Guidance on observing remotely
Since June 2022, new powers have existed to allow reporters and other members of the public to observe hearings remotely. Practice guidance for all courts and tribunals was published back in June 2022 by the Lord Chief Justice and the Senior President of Tribunals. The Employment Appeals Tribunal (EAT) has now issued its own further guidance providing more detail on matters such as when applications to observe remotely must be made. For example, while generally applications to observe an EAT hearing remotely should be made as soon as possible, and in any event, by no later than 4pm on the Friday before the hearing is due to...
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