Where a tribunal had previously made a case management order that the issue of whether a claim was in time should be determined at a Preliminary Hearing, was it open to the Employment Judge at the Preliminary Hearing to determine that the issue would be better decided at the final hearing?
Not normally, held the EAT in E v X, L & Z.
The EAT held that it had not been open to the tribunal at the preliminary hearing to revisit the order made by an earlier tribunal of equivalent jurisdiction in the absence of a material change in circumstances, or the original order being based on a material omission or mistreatment, or some other substantial reason necessitating the interference.
The orders of the original tribunal were restored and it was ordered that a preliminary hearing should take place before a fresh Tribunal.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.