What Is a Case Management Order in a Tribunal?

A case management order in an employment tribunal is a formal set of instructions issued by a judge to ensure your case progresses fairly and efficiently. These orders outline specific steps both parties must take, such as exchanging evidence or preparing witness statements, helping to avoid surprises at the final hearing. This guide explains everything self-representing claimants and respondents need to know about them.

Employment tribunals handle complex disputes like unfair dismissal, discrimination, and unpaid wages, often involving multiple stages. Case management orders, also known as tribunal directions or procedural orders, play a crucial role in organising these stages. Understanding them empowers you to represent yourself effectively without a lawyer.

In the following sections, we cover the definition, timing, contents, compliance requirements, risks of failure, and practical advice drawn from Employment Tribunals Rules of Procedure 2013 and Presidential Guidance.

What Is a Case Management Order?

In UK employment tribunals, a case management order employment tribunal uses to control proceedings and ensure justice is delivered promptly. It gives specific directions tailored to the case’s needs, promoting fairness by requiring both claimant and respondent to prepare equally. Unlike informal suggestions, these are binding instructions that parties must follow.

These orders stem from the tribunal’s overriding objective to deal with cases fairly and justly, as stated in Employment Tribunals Rules of Procedure. The judge, often an Employment Judge, issues them either on their own initiative or following a request from a party. They replace outdated ‘unless orders’ in many situations, providing clear timelines and responsibilities.

When Is a Case Management Order Issued?

Case management orders often come after the initial sift under Rules 26-28, where the judge reviews your ET1 claim form and ET3 response. If the case proceeds, standard directions may be sent automatically, or a preliminary hearing might be scheduled to discuss issues and issue bespoke orders.

They can also be made later if new issues arise, such as amendment requests or complex multi-party claims. Presidential Guidance emphasises active case management from the outset to identify key issues and avoid unnecessary hearings.

For example, in a discrimination claim with multiple allegations, the judge might order a preliminary hearing to determine which claims can proceed. Discover what happens at an employment tribunal preliminary hearing, including case management orders, hearing directions, and procedural steps to prepare your case effectively.

What Does a Typical Case Management Order Contain?

A standard case management order lists tribunal directions like providing a list of documents (disclosure) by a set date, exchanging unsigned witness statements, and agreeing a bundle of documents. It might specify page limits or formats, such as PDF via email.

Other procedural orders cover skeleton arguments, chronologies of events, and cast lists for witnesses. In complex cases, it could order split hearings or lead cases for groups of claimants.

Expect dates for compliance, often 28 or 42 days before the final hearing, with consequences noted for late submission.

• Document disclosure lists
• Witness statement exchange
• Agreed bundle preparation
• Hearing timetable

How to Comply with a Case Management Order

Compliance starts with reading the order fully and noting every deadline in your calendar. Gather required documents promptly and serve them on the other party using permitted methods like recorded post or email, keeping proof.

If you cannot meet a deadline, apply immediately using Form ET3 or a written application explaining reasons, supported by evidence. Tribunals expect good faith efforts.

Track all communications; a compliance bundle at the hearing demonstrates your adherence. Learn how to prepare evidence for an employment tribunal, including gathering documentation, disclosure, witness statements, and creating a case bundle. Essential steps for self-representing claimants.

1. Review order and list tasks/deadlines.
2. Complete each task on time.
3. Serve copies to other parties with proof.
4. Apply to vary if issues arise.
5. Prepare compliance statement.

What Happens If You Do Not Comply?

Failing to follow tribunal directions risks serious sanctions under Rules 37-39. For claimants, non-compliance might result in strike-out of the claim; for respondents, strike-out of the response, allowing judgment in default.

Judges can draw adverse inferences, award costs (up to £20,000), or order deposits for weak cases. Unless orders mean automatic consequences if unmet.

In practice, tribunals consider reasons for delay but emphasise compliance for self-reps.

Practical Tips for Self-Representing Parties

Create a case folder with all orders and correspondence. Use free tools like Google Calendar for reminders and a simple spreadsheet for document lists.

If unclear, email the tribunal office for clarification without seeking advice on merits. Attend preliminary hearings prepared with questions.

Leverage ACAS Guidance on Tribunals or free tribunal guides; join support forums but verify info against official sources.

• Organise documents chronologically
• Set reminders 7 days before deadlines
• Proof all service methods
• Prepare questions for PH
• Review Presidential Guidance 2022

Conclusion

Case management orders are essential tools in employment tribunals, guiding your claim through procedural orders to a fair hearing. By understanding and complying with them, self-representing parties level the playing field against better-resourced opponents.

Prioritise organisation and prompt action to harness these directions effectively. Remember, tribunals value active case management to resolve disputes justly.