Preliminary Hearings

Published on: 27/12/2023

Pre-hearing review
 
A pre-hearing review will deal with any initial issues between the parties, after proceedings have been issued.
 
The pre-hearing review is likely to concern jurisdictional issues to determine whether the case should be allowed to proceed. Such issues include:
 
• Whether the Claimant was an employee
• Whether the Claimant had sufficient continuous employment to bring his claim
• Whether the Claimant has brought his claim within the relevant time limit (and if not, whether time should be extended)
• Whether one party is permitted to amend their pleadings or (in the case of the Claimant) bring an additional claim or
• Whether the Claimant is disabled.
 
Witness evidence may be heard when determining jurisdictional issues and legal submissions will be made by both parties.