Jurisdiction(s):
United Kingdom

Vulnerable Parties and Witnesses in Employment Tribunals: Identification, Case Management Adjustments and Ground Rules

Published by a LexisNexis Employment expert

Practice notes

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This Practice Note considers the measures employment tribunals and both parties should adopt to identify vulnerable parties and witnesses, where appropriate, and to fully secure their participation in employment tribunal proceedings. The Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155, do not expressly mention vulnerable parties or their treatment in the employment tribunals. Nevertheless, the overriding objective in the ET Rules 2024, SI 2024/1155, r 3 requires employment tribunals to determine cases fairly and justly, which includes, so far as practicable, ensuring all parties are on an equal footing. It is therefore evident that vulnerable parties in employment proceedings, including witnesses, will often need assistance to be put on that footing. How this can be achieved is addressed in the guidance set out immediately below.

For more information:

on case management generally, see the Practice Note: Employment tribunal case management
on witnesses generally, see the Practice Note: Witnesses—employment tribunals

Relevant guidance

The principal source of guidance on handling vulnerable parties in the employment tribunal is the Presidential Guidance (England and Wales)—Vulnerable Parties and Witnesses (Presidential Guidance), published in 2020 and issued under Rule 7 of the ET Rules 2013 (now ET Rules 2024, SI 2024/1155, r 8)...

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Web page updated on 21/05/2026

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