Remote Hearing Employment Tribunal Process

A remote hearing in the Employment Tribunal is a hearing conducted without all participants attending a physical courtroom or tribunal building. Instead, the proceedings take place by telephone, video conferencing, or a hybrid format where some participants attend in person while others join remotely.

Remote hearings are now a routine part of Employment Tribunal procedure in England and Wales. They are used for a wide range of employment disputes, including unfair dismissal, discrimination claims, whistleblowing cases, and unlawful deduction of wages claims.

The Employment Tribunal system uses remote hearings to improve efficiency, reduce delay, and increase accessibility, while still ensuring fairness and compliance with procedural rules under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

What Is a Remote Hearing in the Employment Tribunal?

A remote hearing is any tribunal hearing where one or more parties participate outside a physical hearing room using technology.

Common formats include:

• Video hearings (most common), using platforms such as CVP (Cloud Video Platform) or other tribunal-approved systems
• Telephone hearings, usually for shorter or procedural matters
• Hybrid hearings, where some participants attend in person and others join remotely

Remote hearings may be used for:

• Preliminary hearings
• Case management hearings
• Interim applications (such as strike out or deposit orders)
• Final merits hearings (in appropriate cases)

Legal Framework for Remote Hearings

The Employment Tribunal has broad procedural discretion to determine how hearings are conducted. The governing framework includes:

• Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
• Tribunal case management powers under those rules
• Practice directions issued by the Senior President of Tribunals

These rules allow tribunals to decide:

• Whether a hearing should be remote or in person
• The format of participation (video, telephone, or hybrid)
• Directions to ensure fairness and efficient case management

Remote hearings are treated as equivalent in legal force to physical hearings.

When Are Remote Hearings Used?

Remote hearings may be directed in a variety of circumstances, including:

1. Preliminary and case management hearings

These are frequently held remotely due to their procedural nature. They often involve:

• Listing directions
• Timetabling orders
• Identification of legal issues

2. Short hearings and applications

Remote hearings are commonly used for:

• Strike out applications
• Deposit order applications
• Jurisdictional challenges
• Preliminary legal issues

3. Full merits hearings (in suitable cases)

Final hearings may also be held remotely where:

• The case is document-heavy rather than witness-intensive
• Parties agree or do not object
• The tribunal considers it appropriate and fair

However, complex discrimination cases involving extensive oral evidence are more likely to be heard in person or in hybrid format.

How the Remote Hearing Process Works

1. Notice of hearing

The tribunal issues a notice confirming:

• Date and time of the hearing
• Type of hearing (video, telephone, or hybrid)
• Platform or dial-in details
• Instructions for documents and bundles

2. Preparation of bundles

Parties must prepare an electronic hearing bundle, typically including:

• Claim and response forms
• Witness statements
• Key documents and correspondence
• Relevant case law (if directed)

The bundle must be paginated and indexed for ease of reference during the hearing.

3. Technical preparation

Participants are expected to:

• Test internet connection and device compatibility
• Ensure camera and microphone functionality
• Join the platform in advance of the hearing start time
• Use a quiet, private environment

4. Joining the hearing

At the scheduled time:

• Participants log into the video platform or dial into the hearing
• The Employment Judge opens proceedings
• Identity checks are completed
• Procedural directions are confirmed

5. Conduct of the hearing

During the hearing:

• The judge controls proceedings
• Parties present submissions and evidence
• Witnesses may be questioned remotely
• Documents are referred to using page references in the bundle

The judge may pause proceedings to resolve technical issues or clarify points.

6. Judgment or decision

At the end of the hearing:

• The tribunal may give an oral judgment
• Or reserve judgment for a later written decision

Written reasons are usually provided later, especially in final hearings.

Advantages of Remote Employment Tribunal Hearings

1. Accessibility

Remote hearings reduce travel requirements and can assist parties with mobility or geographical constraints.

2. Efficiency

They reduce delays associated with listing in-person hearings.

3. Cost reduction

Lower travel and accommodation costs for parties and representatives.

4. Flexibility

Participants can join from different locations, including legal representatives and witnesses.

Limitations and Challenges

1. Technical issues

Common problems include:

• Internet connection failures
• Audio or video disruption
• Platform access difficulties

2. Communication limitations

Remote hearings may make it harder to:

• Read body language
• Manage cross-examination flow
• Communicate confidentially with representatives

3. Document handling complexity

Electronic bundles require careful preparation to avoid confusion during referencing.

4. Fairness concerns in complex cases

In some cases involving credibility assessments or multiple witnesses, remote hearings may be less suitable.

Tribunals retain discretion to move hearings in person where fairness requires it.

Tribunal Guidance on Remote Hearings

Employment Tribunals assess whether a remote hearing is appropriate by considering:

• Complexity of the case
• Number of witnesses
• Vulnerability of parties
• Availability of technology
• Interests of justice and fairness

Parties may raise objections, but the final decision rests with the tribunal.

Can a Remote Hearing Be Challenged or Changed?

A party may request:

• A reconsideration of the hearing format
• A move to an in-person hearing
• Adjustments for accessibility or technical needs

The tribunal will consider whether a change is necessary to ensure fairness.

Remote Hearings and Evidence

Evidence in remote hearings is handled carefully:

• Witnesses give evidence via video or telephone
• Witness statements are exchanged in advance
• Cross-examination is conducted live
• Documents are referenced digitally

Tribunals ensure that both parties have equal opportunity to test evidence.

Common Questions

Are remote Employment Tribunal hearings legally binding?

Yes. Decisions made in remote hearings have the same legal effect as in-person hearings.

Do I need legal representation?

Legal representation is not required, but many parties choose to instruct solicitors or representatives due to procedural complexity.

Can I request an in-person hearing instead?

Yes, but the tribunal will decide based on fairness, efficiency, and case circumstances.

What happens if my internet fails during the hearing?

The tribunal may pause proceedings, reschedule, or provide alternative arrangements depending on the issue.

Key Takeaways

Remote Employment Tribunal hearings are a standard part of employment law proceedings in England and Wales. They allow parties to participate in hearings via video or telephone rather than attending in person. The process follows structured procedural rules, including electronic bundles, formal case management, and tribunal-controlled proceedings. While remote hearings improve accessibility and efficiency, tribunals retain discretion to move cases in person where fairness or complexity requires it.