This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to case management in employment tribunals in England and Wales. Explains preliminary hearings, case management orders, exchange of evidence, timetables, tribunal powers and practical tips for preparing and complying with procedural directions. Provides clear legal context and step‑by‑step information for employers, claimants and legal practitioners.
Employment tribunals in England and Wales follow structured procedures to ensure that workplace disputes are resolved fairly and efficiently. A fundamental part of that process is case management - the system by which the tribunal organises and controls the preparation of a case from the point a claim is responded to through to the final hearing. This article explains what case management is, why it matters, how it operates, and practical steps parties may encounter. It is based on the latest procedural rules and authoritative guidance.
Understanding Case Management
Case management refers to the procedural framework the tribunal uses to manage the preparation and progression of an employment dispute. The purpose of case management is to:
- identify and clarify the issues in dispute;
- ensure that both parties have exchanged relevant information and documents;
- set timetables for evidence exchange and preparation;
- determine whether any preliminary issues require a separate hearing; and
- prepare the case for a final hearing in a way that is fair, proportionate, and cost‑effective.
Employment tribunals operate under the Employment Tribunal Procedure Rules 2024, which emphasise that cases should be handled in line with the overriding objective of dealing with matters fairly and justly, avoiding unnecessary delay and saving expense.
The Role of Preliminary Hearings
A critical feature of case management is the preliminary hearing (sometimes known as a case management hearing). These are typically held early in the tribunal process, especially in complex cases such as discrimination or whistleblowing disputes. A preliminary hearing may be conducted:
- in person;
- by telephone;
- or by video link.
At a preliminary hearing, the tribunal will often:
- clarify the issues in dispute between the parties;
- confirm timetables and deadlines for disclosure and evidence exchange;
- agree or determine dates for witness statements, document bundles and trial hearings;
- consider applications to amend claims or responses; and
- discuss whether any preliminary legal issues should be decided before the final hearing.
In simpler cases, the tribunal might decide that a preliminary hearing is unnecessary and instead issue standard directions in writing.
Case Management Orders (CMOs)
Once the tribunal has considered the issues at a preliminary hearing (or where it deems a hearing unnecessary), it will issue case management orders (CMOs). A case management order is a set of directions telling the parties what they must do and by what deadlines. Typical requirements found in CMOs include:
- exchanging lists and copies of relevant documents;
- exchanging witness statements by specified dates;
- preparing a chronology of events and a bundle of documents for use at the final hearing;
- providing a schedule of loss, setting out the claimant's calculation of compensation; and
- agreeing or listing the issues for final determination.
Tribunals may issue CMOs at any stage in proceedings and can vary or revise them if circumstances change. They may also do so on application by either party or on the tribunal's own initiative.
Failure to comply with a CMO can have serious consequences. The tribunal may grant applications to strike out all or part of a claim or defence, or make cost orders against a non‑complying party if there is no good reason for non‑compliance.
Preparing for Case Management
Exchange of Information
Once directions are issued, parties must exchange information within the times set by the tribunal. This usually includes:
- lists and copies of all relevant documents (disclosure);
- witness statements setting out evidence each party intends to rely on;
- chronologies outlining key events; and
- details of any expert evidence, if relevant.
Timely exchange helps ensure that both sides understand the evidence the other intends to rely on, reducing the risk of surprises at a hearing.
Lists of Issues and Agendas
Parties may be asked to agree a List of Issues - a document identifying the legal and factual questions the tribunal must decide - and a case management agenda for discussion at the preliminary hearing. These documents help focus the tribunal and the parties on the core disputes.
Tribunal Powers and Extensions
Tribunals have broad powers to manage cases, including adjusting CMOs where necessary. They aim to apply the overriding objective of fairness, meaning that any extension of time or change to directions must be justifiable in that context.
The President of Employment Tribunals may issue Presidential Case Management Orders to manage groups of similar cases across regions or address systemic issues, ensuring consistency and efficient use of tribunal resources.
Practical Risks and Common Challenges
Compliance and Deadlines
Deadlines in a CMO are binding. Failure to comply without a reasonable explanation can result in sanctions, including:
- striking out claims or defences;
- adverse inferences at a hearing;
- cost orders against the non‑complying party.
If a party anticipates difficulty complying with a direction, it should notify the tribunal promptly, explaining why an extension is necessary.
Disputes Over Issues
Parties sometimes disagree about what should be in the List of Issues or the content of witness statements or bundles. Where agreement is not possible, the tribunal will determine the matter at a preliminary hearing or in written submissions.
Complexity and Case Duration
More complex cases with multiple issues, expert evidence or extensive documentation tend to have longer case management timelines. Parties and representatives should plan accordingly, allowing adequate time for preparation.
Key Takeaways
Case management is a core part of the employment tribunal process in England and Wales. Its purpose is to organise and control the preparation of a case so that it can proceed to a fair and efficient final hearing. Key aspects include:
- preliminary hearings to clarify issues and set directions;
- case management orders setting out tasks and deadlines;
- exchange of documents, witness statements and other evidence;
- tribunal powers to vary orders and enforce compliance;
- risks associated with non‑compliance and delays.
Effective engagement with case management can reduce uncertainty, focus preparation efforts and contribute to a clearer and more efficient tribunal process.
