Tribunal reform: glossary of terms

Term

Old term being replaced

Definition

Claimant

Applicant

The person bringing the claim.

Respondent

The person or company defending the claim.

Claim Form

Originating Application

The form that the Claimant should fill out and send to the employment tribunal to lodge his or her claim.

The new form requests more information than the old Originating Application. The intention is that this will facilitate settlement, a better understanding of the claim, and a more efficient handling of the case. The new Claim Form must be used from 6 April 2005 but need not be used between 1 October 2004 and 6 April 2005 so long as the mandatory information required by the Claim Form is supplied by the Claimant.

A single Claim Form can be used by two or more Claimants so long as the facts of their claims are the same.

Response Form/Response

Notice of Appearance

The form that the Respondent should fill out and send to the employment tribunal when lodging its defence.

It must be returned to the employment tribunal within 28 days of the date when the tribunal sent it out to the Respondent. The Respondent may apply for an extension of time, but this will be granted only if the tribunal chair is satisfied that it is 'just and equitable' in the circumstances.

A response to more than one claim may be provided on a single Response Form when the facts and the defence are the same.

Case Management Discussion

Directions Hearing or Case Management Conference

A hearing that addresses matters of procedure and case management, and is conducted by a tribunal chair alone. In certain circumstances it can be held in private. It can also be held over the telephone. 

Pre-hearing Review

A public hearing that is conducted by a tribunal chair sitting alone. Its purpose is to determine matters of a preliminary nature, or to issue directions, order payment of a deposit, strike out a claim or response, or consider any oral or written evidence.

Hearing

A hearing that disposes of any matter not already disposed of or of the proceedings altogether. The Hearing must generally be heard by a tribunal chair and two lay members.

Review Hearing

A public hearing in which a tribunal chair and/or a full tribunal panel reviews a default judgment, or a decision not to accept a claim or response, or any other judgment (including a costs order). Decisions can be revoked, varied or confirmed at a review hearing.

Judgment

Decision

A decision that amounts to a final determination of the proceedings or of a particular issue within the proceedings.

Order

A decision relating to interim matters that requires someone to do, or not to do, something.

Default Judgment

A tribunal judgment that has been reached without a hearing because the Respondent failed to submit a valid response form within the relevant time limit. The Default Judgment can cover liability only, or liability and remedy. A party can apply to have a Default Judgment reviewed, so long as it does so within 14 days of it being sent to the parties. If the tribunal chair agrees to review the Default Judgment, he or she may revoke, vary or confirm it.

The Default Judgment must be revoked if the parties have reached a settlement of the dispute before or on the date it is issued. It may be revoked or varied if the tribunal chair believes that the Respondent has a reasonable prospect of successfully defending the claim. 

Acceptance of Claim Procedure/Pre-acceptance Procedure

A new screening procedure for claims under which the  tribunal will consider whether to reject claims:

(a) that are clearly out of time;

(b) that do not contain all the required information;

(c) that do not give rise to a complaint that the  tribunal can consider;

(d) that, from 6 April 2005, are not on the prescribed form; or 

(e) where the claimant was required to lodge a grievance letter and wait 28 days  and has not done so.

Where the tribunal chair considers that a claim cannot be accepted for one of these reasons, this decision will be recorded in writing and sent to the Claimant, who will be advised as to how this decision can be reviewed.

Acceptance of Response Procedure

A new screening procedure under which a tribunal will consider whether to disallow responses that have not been submitted within the relevant time limit, that do not include the required information,  or that, from 6 April 2005, are not on the prescribed form. If a Response is not accepted, the Respondent will be informed of the consequence of this (likely to be a Default Judgment) and of how the decision can be reviewed.

Preparation Time Order

A new type of cost award payable to a party who is unrepresented but has spent time preparing for a case in circumstances where the other party's case is misconceived, or where the other side or its representative has behaved vexatiously, abusively, disruptively or otherwise unreasonably. The tribunal will make a preparation time order at a rate of £25 per wasted hour.

Wasted Costs Order

An order that a paid representative pay the whole or part of any party's legal costs because those costs have been incurred as a result of the representative's improper, unreasonable or negligent conduct.

Fixed Conciliation Period

The new limited period for ACAS conciliation, which will be either seven weeks (the short conciliation period) or 13 weeks (the standard conciliation period) depending on the type of claim. After the fixed conciliation period, ACAS will have a power to conciliate, but no duty to do so. Some claims (discrimination, equal pay and whistleblowing) will not be subject to a fixed conciliation period.