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.
Comprehensive guide to tribunal decisions without a hearing in England and Wales, explaining when tribunals can decide claims on the papers, statutory provisions, consent requirements, default judgments, practical advantages and fairness considerations.
In England and Wales, tribunals usually decide disputes at an oral hearing where both sides present evidence and make arguments. However, there are circumstances where a tribunal can make a decision without holding a hearing, deciding the case based on the papers alone - that is, on the written information submitted by the parties. This article explains when and how tribunals can issue decisions without a hearing, the legal framework that underpins this process, practical examples, potential advantages and risks, and common questions that arise for claimants and respondents.
Legal Framework: Authority to Decide Without a Hearing
Employment Tribunals Act 1996
The Employment Tribunals Act 1996 includes a rarely used statutory power allowing tribunals to decide claims without a hearing if all parties consent in writing to that process. These provisions were introduced in 2002 and updated under the Employment Act 2008, but in practice the power has not commonly been used in employment tribunal proceedings. However, default judgments and similar outcomes are routinely issued without hearings under procedural rules.
Default Judgments and Respondent Non‑Response
If an employer fails to provide a response (an ET3 form) to a claim within the required 28‑day period, a tribunal may decide the case without a hearing, normally by issuing a default judgment. This means the tribunal can determine liability and often remedy based solely on the claimant's written claim and any evidence submitted, without oral evidence or arguments.
In other words, where the respondent does not engage with the process, tribunals can move forward and decide the issues on paper.
Tribunals Other Than Employment: Paper Decisions
Other tribunal systems (for example, the First‑tier Tribunal and specialist chambers) have procedure rules that expressly allow judges to decide disputes on the papers - usually after considering written submissions and evidence - without an oral hearing. Under rules such as Rule 25 of some First‑tier Tribunal rules, a hearing is required unless certain exceptions apply. Decisions on the papers may be taken when the tribunal is satisfied that one of the specified exceptions exists and that fairness and justice permit an outcome without hearing.
For example, tribunals considering appeals (such as social entitlement or immigration appeals) may determine a matter on the papers, subject to requirements that a judge must consider fairness and whether written material is sufficient to reach a just outcome.
When Decisions Without a Hearing Arise
1. Default or Uncontested Claims
If a respondent fails to respond to a claim, the tribunal may choose to decide the matter without convening a hearing and issue a default order. This often happens in employment tribunals when the employer does not submit an ET3 or file evidence.
2. Agreement of the Parties
In jurisdictions where the rules permit it, if all parties agree that the tribunal may decide the case on the papers, and sign written consent, a tribunal may determine it without an oral hearing. This is more common in non‑employment tribunals where procedural rules explicitly include this option.
3. Exceptional or Urgent Circumstances
Some tribunal chambers allow decisions without hearings in urgent or exceptional circumstances. For example, in appeals under special education law or disability benefits, parties may consent to paper determinations to expedite outcomes. Other tribunals have procedures to invite parties to agree to a “paper” decision once written evidence is lodged.
Procedure and Consent
Tribunal Notice and Consent
Where a tribunal considers deciding a case without a hearing, parties are usually notified and asked whether they consent to a paper decision. If objections are raised, or if the tribunal considers fairness requires an oral hearing, the matter is listed for hearing.
In property and civil tribunals, for example, if the tribunal gives notice that it intends to decide without a hearing, a party has a set period (typically at least 28 days) to raise an objection. If no objection is received, the tribunal may proceed.
Judicial Decision to Proceed Without a Hearing
Some tribunal rules give judges discretion to decide a case on the papers even if not all parties agree - but only where fairness and justice permit and procedural requirements are met. This judicial discretion requires reasons to be given in the tribunal's decision explaining why a hearing is unnecessary.
Judges must assess whether resolving credibility disputes or contested facts is possible without oral evidence. In many cases, if credibility is in dispute on key points, tribunals will conclude that a hearing is necessary, even where parties consent to a paper decision.
Advantages of Decisions Without a Hearing
- Time Efficiency: Deciding on the papers can reduce delays caused by scheduling hearings.
- Cost Savings: Parties may avoid travel and preparation costs associated with hearings.
- Practical for Undisputed Evidence: Where there is no material dispute of fact, written submissions may be sufficient for resolution.
These factors can be particularly significant where tribunals have large backlogs or where remote procedures are burdensome for unrepresented parties.
Risks and Limitations
Fairness and Credibility
Tribunals must ensure that deciding without a hearing does not compromise fairness. Assessing credibility and disputed facts often requires oral evidence; if such issues are central, tribunals usually order a hearing.
Lack of Oral Argument
Deciding on the papers means neither party has the opportunity to present oral submissions or answer questions in person. Where arguments are complex or evidence incomplete, a hearing provides a fuller context for decision‑making.
Practical Implications for Claimants and Respondents
Respondent Defaults
If an employer fails to respond in time, a claimant might obtain a default decision without hearing, including liability findings and sometimes remedies. To avoid this, respondents should file responses promptly within the required 28‑day period.
Strategic Paper Determination
Parties may agree to a paper decision when issues are straightforward and uncontested, or when both sides prefer written resolution. However, parties should consider whether important evidence or oral submissions would be lost if they waive a hearing.
Objections and Fairness Requests
A party notified of intended paper determination should respond within the specified time if they require a hearing for fairness. In many tribunal systems, failing to object within the notice period may be treated as consent.
Summary
Tribunal decisions without a hearing occur when tribunals are permitted (and usually when parties consent) to decide cases based on written submissions and evidence. In employment tribunals, the statutory power to decide without hearing exists but is seldom used; more commonly, tribunals issue default judgments where a respondent fails to respond. Other tribunals and chambers allow decisions on the papers with procedural safeguards that ensure fairness. While paper determinations can save time and costs, they should only be used when disputes are clear and uncontroversial or when both parties agree that oral hearings are unnecessary. Parties should carefully consider whether they wish to consent to a paper decision and respond promptly to tribunal notices to protect their rights. Once a written decision is issued, it will set out findings and reasons, and parties have rights of appeal on points of law, subject to applicable time limits.
