Understanding Case Management Orders: 5 Essential Steps to Prepare for Your Tribunal
Understanding Case Management Orders: 5 Essential Steps to Prepare for Your Tribunal
Key points
- CMOs set deadlines and directions that govern the progress of your tribunal case.
- Understand how tribunal directions affect ET1, ET3, and evidence exchange.
- Prepare ET1 carefully and assemble your evidence early.
- Attend and engage with preliminary hearings; be ready to discuss extensions.
- If timelines become unworkable, apply for extensions promptly to avoid penalties.
What are case management orders and why they matter in the Employment Tribunal?
CMOs are tribunal-made directives that set the pace of your case, including deadlines for filing documents and attending hearings.
A case management order (CMO) is a directive from the tribunal that tells you what to do and by when. It can cover the ET1 form, exchange of evidence, witness statements, and the timetable for a hearing. CMOs exist to keep cases moving and to prevent delays.
If a CMO is issued, you will usually be given concrete dates for filing documents and for the other side to respond. Missing a deadline can affect your case, so it’s important to track the schedule and take action early if you need more time.
Real-world example: In a discrimination claim, the tribunal might require a chronology of events to be filed within a specific window and set a date for the respondent to reply. Meeting those dates helps your case stay on track.
- CMOs set deadlines for ET1, ET3 and evidence exchange.
- Non-compliance can result in negative consequences for your claim.
- CMOs can be revisited or extended if there is a good reason.
- Step: No steps in this section.
When you receive a CMO, add each deadline to a calendar with reminders a few days in advance.
How directions shape your ET claim
Tribunal directions specify exactly what evidence and steps are needed, and by when, for your case to progress.
Directives in a CMO tell you what documents to prepare, who will be a witness, and how evidence should be exchanged. They also outline the procedure for preliminary hearings, including any issues that will be considered before the full hearing.
Time limits within directions can include when to submit witness statements, bundles, and any medical or expert evidence. They may also require you to provide a timetable for the next steps, such as submitting a bundle a few weeks before the hearing.
A practical approach is to build a compact timeline from the directions and check off items as you complete them. If something seems unclear, seek clarification well before the deadline.
- Directions control the evidence you need to prepare.
- They set dates for submitting documents and witness statements.
- Ask for clarification or extensions early if you are unsure about a deadline.
- Step 1: Identify all required documents. Step 2: Prepare witness statements. Step 3: Exchange bundles with the other party by the set date.
If you cannot meet a deadline, apply to extend in advance, giving a clear reason.
Preparing ET1 and evidence under CMOs
Gather the facts, complete the ET1 as accurately as possible, and assemble supporting evidence early, guided by the CMO.
ET1 is the claim form that starts your tribunal case. It should set out the facts, dates, and the remedy you seek. The CMO may require you to file ET1 with an accompanying chronology, documents, and any witnesses.
Gather documentary evidence such as emails, contracts, pay slips, and letters. Create a clear timeline of events to help the tribunal understand what happened and when.
Real-world example: If you allege unfair dismissal, include the date of dismissal, the employer’s stated reasons, and any internal correspondence that supports or challenges those reasons. Attach statements from colleagues if they have first-hand relevant information.
- Keep a clear chronology of events.
- Attach all relevant documents and witness statements.
- Ensure ET1 aligns with the issues set in the CMO.
- Step 1: Read the CMO for required documents. Step 2: Draft the ET1 to reflect the issues and remedies. Step 3: Gather and attach supporting documents.
Refer to GOV.UK ET1 guidance for how to structure your claim and what to include.
Preparing for preliminary hearings and responding to directions
The preliminary hearing focuses on the CMO and any initial issues; be ready to describe how you will comply with directions.
A preliminary hearing is used to clarify what must be done before the full hearing. It helps identify any case management issues early, such as disclosure, witness statements, and timetable fixes.
Be prepared to explain how you will comply with each direction and to provide any information the tribunal requests. If you are representing yourself, you can request help from the court or community advisory services if needed.
If the other side misses a deadline, the tribunal can consider penalties, including striking out part or all of the claim. Keeping a record of communications can help support any applications for extensions.
- Attend the preliminary hearing if required.
- Bring your timeline and all supporting documents.
- Request extensions promptly if you need more time.
- Step 1: Review the directions set in the CMO. Step 2: Prepare a concise update on compliance for the hearing. Step 3: Raise any issues about missing items or deadlines with the tribunal.
Failing to comply with a CMO can lead to costs or strike-out of parts of your claim.
Compliance, extensions, and what to do if plans change
If a deadline becomes unworkable, apply for an extension and explain why; the tribunal can adjust orders to keep the case fair.
CMOs are sensitive to circumstance. If you have a genuine reason for not meeting a deadline (illness, bereavement, or a late-changing circumstance), apply for an extension before the deadline. The tribunal will consider whether the extension is reasonable and necessary to ensure justice.
If the other party requests changes to the timetable, discuss options with the tribunal. A well-argued request supported by evidence is more likely to be approved.
Time limits for ET claims are generally 3 months from the act complained of, with possible extensions for ACAS conciliation under the Employment Rights Act 1996. The key is to keep the tribunal informed and to act promptly when circumstances change.
- Always apply for extensions in advance if possible.
- Document the reasons for any delays.
- Keep lines of communication open with the tribunal and the other party.
- Step 1: Identify the reason for delay. Step 2: Prepare an extension request with supporting evidence. Step 3: Submit to the tribunal before the deadline.
ACAS conciliation can affect the overall timing of your claim; follow the tribunal directions and keep records.
For more on A case management order in an employment tribunal sets out directions for your case. Learn what it is, typical contents, compliance steps, and risks of non-compliance for self-reps., see here.
For more on Discover what happens at an employment tribunal preliminary hearing, including case management orders, hearing directions, and procedural steps to prepare your case effectively., see here.
For more on 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., see here.
Frequently asked questions
What is a case management order in the Employment Tribunal?
A case management order is a tribunal directive that sets deadlines and steps for your case, helping to organise the proceedings and prevent delays. It can cover filing dates, evidence exchanges, and hearing timetables.
Do I need to contact ACAS before filing an ET claim?
Yes, you typically must contact ACAS to attempt conciliation before filing a claim, and a conciliation outcome can affect the timeline; if conciliation is ongoing, the tribunal may extend deadlines under the relevant statutory rules.
What happens if I miss a CMO deadline?
Missing a deadline can affect your claim and the tribunal may require you to explain the delay, apply for an extension, or in some cases consider strike-out or other sanctions.
How long do I have to file an ET1 after the incident?
In most cases you must start a claim within 3 months of the act or omission; this period can be affected by ACAS conciliation and the specific directions in the CMO.
What is ET1 guidance and how can it help me?
ET1 guidance explains how to complete the claim form, what information to include, and how to structure your case; it is available on GOV.UK and is useful for self-represented litigants.
Need more help with your tribunal preparation?
Access our step-by-step ET checklists and templates to guide you through case management orders and directions.
This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
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