What are preliminary hearings?
Preliminary hearings are tribunal hearings at which the tribunal can:
- conduct a preliminary consideration of the claim with the parties and make a case management order;
- determine any preliminary issue;
- consider whether a claim or response, or any part of them, should be struck out;
- make a deposit order; or
- explore the possibility of settlement or alternative dispute resolution (including judicial mediation).
Preliminary hearings will usually be conducted by an employment judge sitting alone, but if a preliminary issue may be decided at the hearing, a party can request that the preliminary hearing is held before a full tribunal (ie an employment judge with two lay members) and the employment judge will decide whether or not to agree to the request.