Before an Employment Tribunals (Scotland) Hearing
The Tribunal will issue orders (sometimes called “directions”) about preparation for a hearing. It is important that all parties comply with them. Parties can ask for the timetable to be varied if there is a good reason.
For simple cases leading to a short hearing the directions can be very limited. In complex cases they can run to many pages.
In general terms the preparation for a final hearing is in these stages.
Firstly, all parties must have set out their case in the claim form, response form and any permitted amendments. In complex cases the Tribunal will hold a case management hearing to discuss and record the issues and to give directions. In less complex cases this may not be proportionate.
Secondly, all parties must send to each other the documents they will rely on at the hearing. The Tribunal can order a party to send specific documents to the other parties if they are not provided voluntarily.
Thirdly, all the documents needed for the hearing must be compiled into a single page numbered and indexed file.This can be electronic and/or on paper.
The default position in Scotland remains that witness statements are not ordered, but sometimes the parties will be ordered to send to each other written statements from each person who will give evidence at the hearing.
Practice Direction relating to written statements
Presidential Guidance relating to written statements
Finally, each party is responsible for making sure its witnesses attend the hearing ready to give evidence.