Update on ET practice and procedure Employment Law Update 2016 Institute of Employment Rights London 9 November 2016 Liverpool 29 November 2016

The problem fall in caseload post-fees does not = fall in hearing load reduction in judicial/administrative resources cases surviving tend to be: backed by TU or insurance or private means higher value bigger stakes career loss or career ending matters of principle lengthier, costlier and more stressful hearings particular challenges for litigants in person lack of timely legal advice

Alternative dispute resolution Acas early conciliation new Presidential Guidance on Judicial Assessments renewed emphasis upon availability of Judicial Mediation Acas post-claim conciliation private settlements compromise agreements pro bono advice initiatives

Case management essential if case to be kept within limits proportionate costs what is being claimed? how is that responded to? what are the issues? what witnesses are required? what documentary evidence is required? what time allocation is necessary?

Sticks and carrots greater reliance on preliminary hearings? early neutral evaluation? more frequent use of deposit orders? strike outs? put cases to back of listing? adjournments? postponements? costs implications?

Current thinking limit the number of issues? limit disclosure of documents? limit the number of witnesses? promote greater agreement of evidence? limit length of witness statements? limit size of document bundles? timetable the hearing? build in decision-making time? build in decision-writing time?

For next time access to justice ET fees help with fees (remission) Acas early conciliation further reform of the ET process future of non-legal members fewer hearing centres digitisation on-line “hearings”