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

2. 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

3. 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

4. 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?

5. 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?

6. 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?

7. 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”