The President of the Employment Tribunals has issued guidance setting out a Protocol for employment judges to conduct a Judicial Assessment of the strengths, weaknesses and risks of the parties’ respective claims. A ‘Judicial Assessment’ (JA) is defined as an impartial and confidential assessment by an employment judge (EJ) at an early stage in the proceedings, of the strengths, weaknesses and risks of the parties’ respective claims, allegations and contentions. It is a requirement for JA that the parties freely consent to it. Written information about JA will be made available to parties in all cases listed for an initial case management hearing. If the parties consent, they need to inform the Tribunal in advance that they wish to have JA in their case. The EJ may then give an assessment of the liability and/or remedy aspects of the case, but only after the issues between the parties have been fully clarified. The JA will be conducted with a view to assisting eventual settlement of all or part of the claim.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.