The President of the Employment Tribunals, Judge Brian Doyle, has issued an important protocol for judicial assessment by Judges in employment tribunals.
Judicial assessment is an informal assessment by a Judge, typically (but not necessarily) during a preliminary hearing involving a litigant in person, in which the Judge gives a preliminary assessment of the case with a view to encouraging settlement between the parties. It will only take place if both parties agree, and will only take place after the formalities of the preliminary hearing (ie clarifying the issues and making case management orders) have taken place.
If the parties agree, the Employment Judge may give a provisional assessment of liability and/or remedy. This is done without the judge evaluating the evidence, and the Judge will make it clear the assessment is provisional and the result at a full hearing may well differ from the provisional assessment. The Employment Judge will then not be involved in any further part of the case.
Download the Presidential Guidance and the Judicial Assessment Protocol.
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