What is Preliminary Hearing?

A preliminary hearing is a hearing at which the Tribunal may do one or more of the following:

In practice, a case management hearing takes place early in the life cycle of the tribunal claim, where the Tribunal considers whether to list the final merits hearing immediately or first list a further preliminary hearing to determine a preliminary issue.

A preliminary issue is a substantive issue which may determine liability. Examples of preliminary issues include issues as to jurisdiction, time limits, worker status and whether the Claimant was disabled within the meaning of s 6 of the Equality Act 2010.

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