Employment Tribunal Example of List of Issues

Employment Tribunal "List of Issues" 

Upon submission of the claimants ET1 and respondent's response ET3, both parties will receive confirmation of acceptance or rejection of their forms. Once this stage as passed, an acknowledgement letter will be sent out to both the claimant and the respondent about a scheduled preliminary hearing date. An Employment Judge will conduct a preliminary hearing to identify the issues and to make case management orders including orders relating to the conduct of the final hearing. The Preliminary Case Management Hearing is administrative in nature and it will set deadlines for each party in preparation for the Final Hearing.

The respondent's representative (if there is one) will usually contact you to agree on issues in contention. The list of issues a list of the questions that the ET will have to decide upon. It will take the form of a list of questions and not statements. They are legal questions that will set the tone of the proceedings. These are the common questions but not limited to depending on the type of claims:

Jurisdictional Issues

- Are any or all of the Claimant’s claims for sex related discrimination out of time?
- Are any or all of the Claimant’s claims for race related discrimination out of time?

Constructive / Unfair Dismissal

- Was the Claimant entitled to resign without notice by reason of the Respondent's conduct?
- Has the Claimant established that the conduct relied upon took place?

Direct discrimination on grounds of race and / or religion and / or sex

- Did the respondent engage in unwanted conduct as set out in the ET1?

Direct Age Discrimination 

- The Claimant relies on the following as being alleged acts of age discrimination:
a. that s/he was overlooked for promotion several times
b. that his/her colleagues in the team got pay rises while he/she did not.
c. who is the comparator relied upon for the purposes of each act of age discrimination relied
upon by the Claimant?

Harassment on the grounds of race and / or religion and /or sex

- Did the Respondent engage in unwanted conduct because of/on the grounds of the Claimant's
race, or and religion for the purposes of the Equality Act 2010?

Victimisation

- Has the claimant carried out a protected act? .

The questions vary in relation to unique cases but the structure of the questions are similar. You may also add more issues during the preliminary hearing or strike out issues that may be irrelevant. In some cases the claimant may disagree on some questions but this can be revised during the case management hearing. The revised copy will then be mailed to the claimant after the preliminary hearing as been held (assuming the respondent has been charged to provide it)