This guide is maintained as a current resource for July 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.
Detailed guide to case management orders in employment tribunals in England and Wales. Explains what CMOs are, the legal basis, typical requirements, compliance obligations, and practical preparation tips to help claimants, respondents and legal practitioners understand and manage tribunal directions effectively.
When an employment dispute is before a tribunal in England and Wales, case management orders (CMOs) play a central role in organising how the case is prepared and progressed towards a final hearing. CMOs are formal directions issued by the tribunal that set out what the parties must do, and by when, to prepare their case. This article explains what case management orders are, the legal basis for them, what they typically require, why compliance matters, and what risks arise if they are not followed. It is designed to be accessible to claimants, respondents, solicitors, students, and members of the public with no prior legal knowledge. All explanations reflect current tribunal practice and procedural rules.
What Are Case Management Orders?
A case management order is a direction issued by an employment tribunal that tells the claimant and respondent what steps they must take to prepare for the final hearing of a claim. CMOs may also be called directions in tribunal correspondence. They are part of the tribunal's administrative control of the case and appear at early stages after the claim (ET1) and response (ET3) have been filed.
Under the Employment Tribunal Procedure Rules 2024, tribunals have broad powers to make case management orders at any stage, either on their own initiative or on application by a party. A case management order can also vary, suspend or set aside an earlier order in appropriate circumstances.
CMOs are intended to ensure that cases proceed in an orderly, fair and proportionate way. They help both sides understand what evidence and documents the tribunal expects and establish timetables for preparation tasks.
Legal Framework for Case Management Orders
Case management orders are grounded in statutory and procedural rules. The Employment Tribunal Procedure Rules 2024 (SI 2024/1155) set out the tribunal's general powers to issue CMOs and manage proceedings. These rules emphasise the tribunal's overriding objective of dealing with cases fairly and justly, avoiding unnecessary delay and saving expense.
Rule 30 of the Procedure Rules expressly allows a tribunal to make a case management order at any stage of the proceedings, on its own initiative or following an application by a party. The Rules also confirm that earlier orders can be varied or set aside where necessary in the interests of justice.
CMOs may be issued following a preliminary hearing or without a hearing where the tribunal considers that written directions are sufficient. The tribunal may also consider presidential case management orders issued by the President of Employment Tribunals to coordinate multiple similar claims at a national or regional level.
Why Case Management Orders Matter
Case management orders are a fundamental part of ensuring that tribunal claims are prepared efficiently and that both parties know what is required of them. Without clear orders and timetables, disputes can become disorganised, delayed or unfair to one or both sides.
Typically, CMOs:
- Clarify the steps each party must take before the hearing.
- Set deadlines for exchanging evidence, documents and statements.
- Identify the issues to be decided at the final hearing.
- May include directions about expert evidence, where necessary.
- Help the tribunal ensure that hearings are effective and focused.
In many claims, the tribunal will issue standard directions as part of a case management order, covering routine steps needed for most hearings. In more complex cases, CMOs are tailored to the specific issues and evidence requirements of that dispute.
Typical Requirements in a Case Management Order
While specific CMOs vary by case, orders often address the following common tasks:
Exchange of Documents (Disclosure)
Parties are usually instructed to prepare and exchange lists of all documents they hold that are relevant to the case. They may also be required to provide copies to the opposing side. This process helps ensure that each side knows what evidence will be relied on at the hearing.
Exchange of Witness Statements
Each party must prepare and serve written statements from witnesses who will give evidence at the hearing. Witness statements set out the evidence that each witness will give and allow both sides to understand the factual positions in advance.
Schedule of Loss
For claims involving financial remedies, the claimant is often required to produce a schedule of loss. This document sets out how the claimant calculates the compensation or other remedies they seek.
Hearing Bundle
Parties may be directed to compile a hearing bundle of documents that will be used at the final hearing. This involves indexing and organising relevant documents for use at the hearing.
List of Issues
A CMO may require the parties to agree and submit a list of issues that identifies the legal and factual questions the tribunal must decide at the hearing.
Case Management Orders After a Preliminary Hearing
In more complex matters, the tribunal will hold a preliminary hearing to discuss how the case should be prepared and then issue a detailed CMO. These hearings allow the tribunal to understand the nature of the dispute and set appropriate directions that fit the particular case.
After a preliminary hearing, the CMO will typically lay out a timetable that covers all preparation steps leading up to the final hearing. Timetables are critical for managing the overall flow of the case and ensuring that evidence is exchanged well before the hearing date.
Compliance and Consequences of Non‑Compliance
Case management orders are mandatory. Parties must comply with the directions and deadlines set out in a CMO. Failure to comply can lead to serious consequences, including:
- The tribunal making adverse inferences at the hearing.
- An application by the other party to strike out part or all of a claim or defence.
- Orders for the non‑complying party to pay the other party's costs.
- Adverse impacts on the strength of the case at the final hearing.
If a party cannot meet a deadline or complete an order for a good reason, they should communicate with the tribunal promptly and ask for an extension or variation of the order. Tribunals have express powers to vary or suspend earlier case management orders where justice requires it.
Practical Tips for Parties
Read and Understand the Order Carefully
When you receive a CMO from the tribunal, read it in detail and note all deadlines. Marks in a personal or business calendar help ensure that instructions are followed accurately and on time.
Organise Documents Early
Begin organising documents and evidence as soon as possible. Good organisation reduces stress and ensures that you comply with disclosure and bundle preparation directions before the deadline.
Seek Clarification if Needed
If any part of a case management order is unclear, consider seeking clarification from the tribunal or, if necessary, professional legal advice or support from sources such as Citizens Advice.
Communicate Early About Difficulties
If you anticipate difficulty meeting a deadline, contact the tribunal early. Late requests for extensions may be refused unless there is a compelling reason.
Common Questions About Case Management Orders
Are case management orders always issued?
Not always. In straightforward cases, the tribunal may issue a limited set of written directions instead of a detailed CMO.
Can orders be changed?
Yes. A tribunal may vary or set aside a case management order where justice requires it, particularly if a party did not have a reasonable opportunity to make representations before the order was made.
What if the other party does not comply?
You can apply to the tribunal to enforce compliance or to strike out non‑compliant aspects of the other party's case. Compliance is taken seriously by tribunals.
Key Takeaways
Case management orders are central to how employment tribunal cases are organised and prepared for hearing in England and Wales. They are formal directions issued under the Employment Tribunal Procedure Rules 2024 and may cover disclosure of documents, exchange of witness statements, preparation of hearing bundles, schedules of loss and lists of issues.
Tribunals issue CMOs to ensure that disputes proceed efficiently and fairly. Parties must comply with the orders and meet deadlines, otherwise they risk sanctions, including cost orders or parts of their case being struck out. The tribunal can vary orders where justice requires. Understanding and following CMOs is essential to presenting a well‑prepared case at the final hearing.
