How do I prepare my case for a Preliminary Hearing in the employment tribunal?

It is important to make sure that you understand why your case has been listed for a preliminary hearing. This will most commonly be for case management. 

If the case is listed for case management then the tribunal will usually ask you to complete a template document called a “Case Management Agenda”. A copy of the current version of the case management agenda can be found here. 

A preliminary hearing may be held in person or by telephone. If you obtain legal representation for your preliminary hearing then you should discuss the case management agenda with your representative.

The aim of the agenda is to ensure that issues are dealt with efficiently. Where possible both parties should complete the same agenda. Where it is not possible to do this then the Tribunal will accept one from the Claimant and Respondent respectively.

A case may also be listed for determination of a preliminary issue such as:

• Striking out all or part of the claim/defence;
• Time limits;
• Whether a deposit order should be made;
• Determination of a discrete legal issue such as whether the claimant has a disability, employment status or whether there has been a relevant transfer for the purposes of the TUPE Regulations.