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.
Guide to Employment Tribunal case management order applications in England and Wales, explaining disclosure requests, deadline extensions, strike-out applications, procedural rules, and how tribunals manage and control employment claims through case management directions.
Employment Tribunal proceedings in England and Wales are actively managed by the tribunal from an early stage. This is done through case management orders (CMOs), which are directions issued by an Employment Judge to control how a case progresses.
A case management order application is a formal request asking the tribunal to make, vary, or enforce such directions. These applications are a key procedural tool used to ensure fairness, compliance with deadlines, and proper preparation of evidence before a final hearing.
This guide explains how case management order applications work, when they are used, and what procedural rules apply.
What a Case Management Order Is
A case management order is a written direction from the Employment Tribunal that regulates the conduct of proceedings. It is issued under the tribunal's general case management powers contained in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
CMOs commonly cover:
- Disclosure of documents
- Preparation of the hearing bundle
- Exchange of witness statements
- Timetabling of steps before the hearing
- Identification of legal issues
- Orders for further information or clarification
The purpose is to ensure cases are dealt with fairly, efficiently, and proportionately.
What a Case Management Order Application Is
A case management order application is a request made by one party asking the tribunal to:
- Make a new direction
- Change an existing direction
- Enforce compliance with a previous order
- Extend or shorten a deadline
Applications can be made at any stage of the proceedings, including before or after a preliminary hearing.
They are commonly used when procedural issues arise that cannot be resolved by agreement between the parties.
Common Types of Applications
1. Disclosure Applications
Requests for the other party to disclose additional documents relevant to the case.
Typical examples include:
- Personnel files
- Emails or internal communications
- Payroll or disciplinary records
2. Extension of Time Applications
Requests to extend deadlines for:
- Witness statements
- Bundle preparation
- Disclosure
- Filing documents
These require justification, such as illness, complexity, or delays outside a party's control.
3. Strike-Out or Unless Orders
Applications asking the tribunal to:
- Strike out part or all of a claim or response
- Make an “unless order” (requiring compliance by a deadline or the case is struck out)
These are usually used where there is non-compliance with previous directions.
4. Further Information Orders
Requests for clarification of:
- The legal basis of a claim or defence
- Particular allegations
- Specific factual details
This helps narrow the issues in dispute.
5. Witness and Evidence Orders
Applications may also include requests for:
- Permission to rely on additional witnesses
- Witness orders compelling attendance
- Permission to admit late evidence
Legal Framework
Case management order applications are governed by:
- Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- Overriding objective: dealing with cases fairly and justly
Tribunals are required to:
- Avoid unnecessary delay
- Ensure proportionality
- Manage cases actively
- Balance fairness between parties
The Employment Judge has broad discretion when deciding applications.
When to Make a Case Management Order Application
Applications are typically made when:
- A party cannot comply with an existing order
- There is disagreement over disclosure or evidence
- New procedural issues arise
- Additional directions are needed to clarify the case
- Deadlines are unrealistic or impractical
Where possible, parties are expected to try to resolve issues informally before making a formal application.
How to Make an Application
1. Identify the Issue Clearly
The applicant must specify:
- What order is being requested
- Why it is necessary
- What rules or directions support the request
2. Provide Supporting Reasons
The tribunal expects a clear explanation, such as:
- Relevance of requested documents
- Reason for delay or difficulty
- Impact on fairness or preparation of the case
Unsupported requests are often refused.
3. Submit the Application
Applications can usually be made:
The tribunal may direct the other party to respond before making a decision.
Tribunal's Approach to Applications
Employment Tribunals apply a practical and case-specific approach.
Key considerations include:
- Relevance to the issues in dispute
- Impact on fairness between parties
- Stage of proceedings
- Proportionality and cost
- Effect on hearing timetable
The tribunal may:
- Grant the application
- Refuse it
- Modify the requested order
- Make its own alternative direction
Case Management Hearings
Some applications are dealt with at a case management preliminary hearing, where an Employment Judge may:
- Hear arguments from both parties
- Clarify the issues
- Issue formal written orders
These hearings are less formal than final hearings but are still judicial proceedings with binding outcomes.
Failure to Comply With Case Management Orders
Non-compliance can have serious consequences, including:
- Strike-out of a claim or response
- Costs orders in certain circumstances
- Exclusion of evidence
- Adverse inferences drawn by the tribunal
Tribunals take compliance seriously to ensure cases progress efficiently.
Common Issues in Applications
1. Lack of specificity
Broad or vague requests are likely to be rejected.
2. Late applications
Applications made close to the hearing date may be refused if they cause delay.
3. Insufficient justification
Tribunals require clear reasoning and evidence for why an order is necessary.
4. Overly broad disclosure requests
Requests must be proportionate and relevant to the legal issues.
Practical Role in Employment Tribunal Litigation
Case management order applications play a central role in shaping tribunal cases because they:
- Define the scope of evidence
- Control procedural fairness
- Ensure both parties are prepared for hearing
- Resolve disputes over documentation or witnesses
- Maintain procedural efficiency
They often determine how straightforward or complex the final hearing becomes.
Key Takeaways
Employment Tribunal case management order applications are procedural requests used to obtain, vary, or enforce directions from the tribunal. They cover issues such as disclosure, deadlines, evidence, and witness arrangements. Governed by the tribunal's overriding objective, these applications are assessed on fairness, relevance, and proportionality. Properly made applications help ensure cases proceed efficiently and are properly prepared for final determination.
