The statutory procedural rules in this guide apply in England, Wales and Scotland. Tribunal practice, hearing agendas and Presidential Guidance can differ between the Employment Tribunals in England and Wales and those in Scotland, so check the documents sent by the tribunal handling your case. Northern Ireland has a separate tribunal system and different rules.
In brief: A preliminary hearing is used for matters such as case management, deciding a preliminary issue, considering strike-out or a deposit order, or exploring settlement. Many deal only with case management and are held in private. Any part determining a preliminary issue or considering strike-out is normally held in public. The hearing notice states what the tribunal intends to deal with.
Last updated: July 2026
By Yerty | Based on the Employment Tribunal Procedure Rules 2024, as amended, and HMCTS and Presidential Guidance.
Getting a letter listing your case for a preliminary hearing can be alarming if you are representing yourself, particularly if it arrives with an agenda you have never seen before. In many cases it is a good deal less dramatic than it sounds. In some it is not, and the hearing notice is what tells you which.
This guide explains what a preliminary hearing can cover, what happens at the two most common kinds, and what to look for on the notice. It reflects the Employment Tribunal Procedure Rules 2024, which replaced the 2013 Rules on 6 January 2025, as amended with effect from 2 March 2026.
Important: This guide provides information about employment law in Great Britain. Yerty is not a law firm and does not provide legal advice. Every situation is different. If your preliminary hearing could dispose of part of your claim, consider speaking to a solicitor about your circumstances.
What a Preliminary Hearing Is
Under the 2024 Rules, every tribunal hearing is either a preliminary hearing or a final hearing. A final hearing determines the claim, or the parts of it still outstanding. There can be more than one, for example separate liability and remedy hearings.
A preliminary hearing is defined by what the tribunal may do at it rather than simply by when it happens. Rule 52 lists the purposes:
- preliminary consideration of the claim with the parties, and making case management orders
- determining a preliminary issue
- considering strike-out under rule 38
- making a deposit order under rule 40
- exploring settlement or alternative dispute resolution, including judicial mediation, judicial assessment or a dispute resolution appointment
A single hearing can deal with more than one of these. There can also be more than one preliminary hearing in a case, which is common in discrimination and whistleblowing claims where the issues need defining before a final hearing can be listed sensibly.
Rule 52 defines a preliminary issue as any substantive issue that may determine the complaint or the tribunal's jurisdiction, giving the example of whether a complaint was brought in time.
The Two Most Common Forms
Case management
The common one. Usually held in private, often by telephone or video, and normally conducted by an employment judge sitting alone.
The judge is there to get the case into shape. That typically means agreeing the list of issues, setting a timetable for disclosure, the hearing bundle and witness statements, deciding how long the final hearing needs, and dealing with applications such as amending a claim.
Many routine case management hearings are listed for around 30 to 60 minutes, though the hearing notice controls and more complex hearings take longer. You may be sent an agenda in advance and asked to complete it. Completing it before the hearing rather than during it makes the hearing considerably easier. Since March 2026 the tribunal can also direct a party to provide a draft case management order.
Determining a preliminary issue
Less common, and more serious. This decides a specific legal question that could end all or part of your claim before a final hearing. Questions decided this way include whether the claim was brought in time, whether you were an employee, a worker or self-employed, whether you meet the definition of disability under the Equality Act 2010, and whether the tribunal has jurisdiction at all.
Rule 53 requires at least 14 days' notice where a preliminary issue may be decided, and the notice must specify the issue. If your notice says the tribunal will decide one of these, treat it as a hearing that matters.
Other purposes
A preliminary hearing may also be used for a strike-out or deposit order application, or for judicial mediation, judicial assessment or a dispute resolution appointment.
The last two are worth knowing about. In a judicial assessment, held only with the consent of all parties, a judge gives the parties an evaluation of the prospects of success and potential remedies based on the material available. A dispute resolution appointment does the same thing but can be listed without the parties' consent. Neither decides the case. Both are intended to help parties take a realistic view.
Public or Private
Preliminary hearings are held in private by default under rule 54. Two exceptions matter.
Any part of a preliminary hearing that determines a preliminary issue, and any part that considers strike-out, is normally held in public. The tribunal can direct that the whole hearing be public. These requirements remain subject to the tribunal's powers to make privacy or restricted reporting orders, and to national security provisions.
A hearing concerned only with a deposit order is not automatically public.
Strike-Out and Deposit Orders
Strike-out. Under rule 38 a tribunal may strike out all or part of a claim, response or reply on several grounds, including that it has no reasonable prospect of success, that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, that a party has failed to comply with the rules or an order, that the claim has not been actively pursued, or that a fair hearing is no longer possible.
There is an important safeguard. A tribunal must not strike out without first giving the affected party a reasonable opportunity to make representations, either in writing or, if requested, at a hearing. A hearing notice should identify any strike-out issue the tribunal intends to consider. Our guide on why tribunal claims are struck out covers the grounds in more detail.
Deposit orders. Under rule 40 a tribunal may order a party to pay a deposit as a condition of continuing to advance a specific allegation or argument with little reasonable prospect of success. The deposit cannot exceed £1,000 for each specific allegation or argument.
The tribunal must make reasonable enquiries into the party's ability to pay and take that into account when fixing the amount. If the deposit is not paid by the date specified, that allegation or argument is struck out.
There is a further consequence people often miss. Where a party pays a deposit and then loses on substantially the same grounds, the tribunal may treat that as unreasonable conduct unless the contrary is shown, which can open the door to a costs order.
The List of Issues
The list of issues should accurately reflect the complaints already made in your claim form, any permitted amendments, and the employer's defences. It structures the final hearing.
It does not normally create a new claim by itself, and it is not a pleading. An accidental omission does not automatically extinguish a complaint you have properly pleaded, and a tribunal can revise the list as a case develops. Even so, late attempts to alter it may be refused or may require a formal amendment application.
Check it carefully and raise omissions or inaccuracies promptly, because the tribunal and both parties will generally work from it.
What to Take
A full bundle is not usually needed for a case management hearing, though any orders already made and the agenda sent to you will say what is expected. What tends to help is the completed agenda, your claim form and the response, a note of the dates that matter, and a realistic view of how many witnesses you would call and how long the final hearing needs.
For a hearing determining a preliminary issue, more preparation is needed because evidence may be heard. If disability status is in issue, for example, medical evidence and a statement about the effect of your condition on day-to-day activities are likely to be relevant.
What Happens Afterwards
You will receive a written record of the orders made. Timing varies. It will set out the list of issues, the dates the tribunal requires you to meet, and the final hearing date.
Where the tribunal has decided something at the hearing, note that since March 2026 a judge may give summary reasons orally in appropriate cases. If reasons are given that way, there are 14 days from the sending of the written record to request written summary reasons or full written reasons. Full written reasons are required if you later want to appeal to the Employment Appeal Tribunal.
Dates in an order are requirements rather than suggestions. Failure to comply can lead to an unless order or, in serious cases, strike-out, though sanctions are discretionary. If you cannot meet a deadline, applying to vary it before it passes is far better than missing it.
Given current tribunal waiting times, the gap between a preliminary hearing and a final hearing can be long. If you are at an earlier stage, our guide to employment tribunal claims sets out the process, and the ET1 claim form guide covers how to start one.
Frequently Asked Questions
What happens at an employment tribunal preliminary hearing?
It depends on what the hearing is listed for. Rule 52 allows a preliminary hearing to deal with case management, a preliminary issue, strike-out, a deposit order or alternative dispute resolution. Many deal only with case management, where a judge agrees the list of issues and sets a timetable.
Is a preliminary hearing held in public?
Preliminary hearings are private by default. Any part determining a preliminary issue, and any part considering strike-out, is normally held in public. A hearing concerned only with a deposit order is not automatically public. Privacy and restricted reporting orders can still apply.
How long does a preliminary hearing last?
Many routine case management hearings are listed for around 30 to 60 minutes, often by telephone or video. Hearings determining a preliminary issue take longer because evidence may be heard. The hearing notice is what governs.
Can my claim be dismissed at a preliminary hearing?
Yes. A tribunal can strike out under rule 38, and a preliminary issue such as a time limit can dispose of a claim. Before striking out, the tribunal must give you a reasonable opportunity to make representations. Rule 53 requires at least 14 days' notice where a preliminary issue may be decided.
What is a deposit order?
An order to pay a deposit as a condition of continuing to advance a specific allegation or argument with little reasonable prospect of success. The maximum is £1,000 per allegation or argument. The tribunal must consider your ability to pay. Non-payment means that allegation is struck out.
What is a judicial assessment or a dispute resolution appointment?
Both involve a judge giving the parties an evaluation of the prospects of success and potential remedies. A judicial assessment requires the consent of all parties. A dispute resolution appointment can be listed without consent. Neither decides the claim.
What is the list of issues?
The agreed list of questions the tribunal will decide at the final hearing, drawn from the claim form, any permitted amendments and the response. It does not normally create a new claim by itself, but the hearing will generally be structured around it, so check it carefully.
Do I need a solicitor at a preliminary hearing?
Many people attend without one, particularly for case management hearings. Where the hearing will determine a preliminary issue or consider strike-out, the balance shifts, and taking advice beforehand may be worthwhile.
Sources
- The Employment Tribunal Procedure Rules 2024 (SI 2024/1155), as amended — rules 38, 40, 48, 49 and 52 to 57 — https://www.legislation.gov.uk/uksi/2024/1155
- The Tribunal Procedure and Employment Tribunal Procedure (Amendment) Rules 2026 (SI 2026/115), in force 2 March 2026 — https://www.legislation.gov.uk/uksi/2026/115/made
- "The hearing: guidance for claimants and respondents", HM Courts and Tribunals Service — https://www.gov.uk/government/publications/employment-tribunal-procedure-rules
- Presidential Guidance on the mode and listing of hearings (England and Wales), and separate guidance for Scotland — https://www.judiciary.uk/guidance-and-resources/employment-tribunal-presidential-guidance/