Preliminary hearing

A hearing before the full trial dealing with procedural issues, jurisdiction, time limits, or striking out hopeless points — it can be private and about case management, or public and decide a substantive issue.

Do I have to attend a preliminary hearing in person?

It depends on the type. A private preliminary hearing for case management is often held by telephone or video, and sometimes deals only with the parties' written submissions. A public preliminary hearing deciding a substantive issue, such as whether you were an employee, is more likely to require attendance, similar to a mini-hearing.

What is the difference between a private and a public preliminary hearing?

A private preliminary hearing is usually about case management — setting a timetable, agreeing what documents are needed, or clarifying the issues in dispute. A public preliminary hearing decides a substantive point that could affect the outcome of the case, such as whether the tribunal has jurisdiction, whether the claim was brought in time, or whether particular claims should be struck out.

Can my claim be struck out at a preliminary hearing?

Yes. A tribunal can strike out all or part of a claim at a preliminary hearing if it has no reasonable prospect of success, is not actively being pursued, or if there has been a serious failure to comply with tribunal orders. This makes it important to take any listed preliminary hearing seriously and prepare properly.

What happens if the time limit is an issue at a preliminary hearing?

The tribunal can decide at a preliminary hearing whether a claim was presented within the required time limit, or whether it should still be allowed to proceed under an extension — for example, where it was not reasonably practicable to bring the claim in time. Getting this decision right can determine whether the whole case goes any further.

How much notice will I get of a preliminary hearing?

Tribunals generally give reasonable notice of the date, and will confirm whether it is a case management discussion or a hearing deciding a substantive issue. The notice usually also sets out what each side needs to prepare or file beforehand, such as a list of issues or written submissions.

Should I get help preparing for a preliminary hearing?

It is worth taking preparation seriously, particularly for a public preliminary hearing that could resolve or narrow your case. Understanding exactly what issue the tribunal will decide, and gathering the specific evidence relevant to that issue, matters more at this stage than presenting your whole case.

Why the tribunal holds these hearings at all

Employment tribunal claims can raise procedural questions long before the merits are ever heard — is the claim within time, does the tribunal have jurisdiction to hear this type of claim, is the correct respondent named, does a particular claim have any reasonable prospect of success. A preliminary hearing lets the tribunal deal with these questions efficiently, either narrowing the issues for a full hearing or resolving the case earlier if appropriate.

Not every preliminary hearing carries the same weight. Many are simply about case management — agreeing a timetable for disclosure and witness statements, clarifying the list of issues, or fixing the length of the final hearing. Others are listed specifically to decide something substantive, and those carry real consequences for how the case proceeds.

What typically happens at a preliminary hearing

• Case management (private).
• The tribunal sets directions, agrees a timetable, and clarifies the issues in dispute, often by telephone or video.
• Jurisdiction and time limits (public).
• The tribunal decides whether it has power to hear the claim and whether it was brought in time, or whether an extension applies.
• Striking out (public).
• The tribunal considers whether all or part of the claim should be struck out, for example because it has no reasonable prospect of success.
• Depending on what is decided, the case may proceed to a full hearing on the remaining issues, be narrowed, or in some cases come to an end.

A claimant presents an unfair dismissal claim slightly after the usual three months less one day time limit. The respondent applies for a public preliminary hearing to decide whether the claim should be struck out as being out of time.

At the hearing, the claimant explains that ACAS Early Conciliation extended the deadline in a way that was not obvious, and provides evidence of the exact dates involved. The tribunal considers the ACAS Early Conciliation rules on extending time and decides whether the claim was, in fact, presented within the adjusted time limit, or whether it should be allowed to proceed under an extension in the interests of justice.

Time limit (3 months less one day)

ACAS Early Conciliation

Employment Tribunal Rules 2024

Employment tribunals

Preliminary Hearing — Employment Tribunal Glossary

What an employment tribunal preliminary hearing is, the difference between private and public hearings, and when a claim can be struck out.