Labour Research October 2024

Law Matters

Employment Tribunal panels

The senior president of the Employment Tribunals has issued a Practice Direction setting out changes to the composition of Employment Tribunals.

A judge will decide the composition of tribunal panels for final hearings on a case-by-case basis. This means deciding whether the case will be heard by a full panel or a judge alone. If a case is undefended, the default is that it will be heard by a judge alone.

Preliminary hearings will continue to be heard by a judge alone, with discretion for the judge to sit with a panel.

Presidential guidance will be issued to assist with the decision and to develop consistent principles.

It is likely to lead to a reduction in trade union representation on tribunals. The guidance takes effect from 29 October 2024.