Rule 52 Scope of preliminary hearingsI1

England, Wales and Scotland

(1)

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

(a)

conduct a preliminary consideration of the claim with the parties and make a case management order (including an order relating to the conduct of the final hearing);

(b)

determine any preliminary issue;

(c)

consider whether a claim, response or reply, or any part, should be struck out under rule 38 (striking out)

(d)

make a deposit order under rule 40 (deposit orders);

(e)

explore the possibility of settlement or alternative dispute resolution (including judicial mediation F1, judicial assessment or dispute resolution appointment).

(2)

There may be more than one preliminary hearing in any case.

(3)

“Preliminary issue” means any substantive issue which may determine the complaint or the Tribunal’s jurisdiction (for example, an issue as to whether a complaint is brought in time).

F2(4)

In this rule—

“dispute resolution appointment” means a preliminary hearing (or part of a preliminary hearing) which is not a judicial assessment and which may be held without the consent of the parties and with a view to the Tribunal, on the basis of the available material, providing the parties with an evaluation of the prospects of success of a claim, response or reply and potential remedies;
“judicial assessment” means a preliminary hearing (or part of a preliminary hearing) held with the consent of the parties with a view to the Tribunal, on the basis of the available material, providing the parties with an evaluation of the prospects of success of a claim, response or reply and potential remedies.

Annotations

Textual amendments

F1: Words in rule 52(1)(e) inserted (2.3.2026) by The Tribunal Procedure and Employment Tribunal Procedure (Amendment) Rules 2026 (S.I. 2026/115), rules 1(2), 8(10)(a)
F2: Rule 52(4) inserted (2.3.2026) by The Tribunal Procedure and Employment Tribunal Procedure (Amendment) Rules 2026 (S.I. 2026/115), rules 1(2), 8(10)(b)

Commencement

I1: Rule 52 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)