New ability for judicial assessments by Employment Judges

President of the Employment Tribunals in England and Wales Issues Protocol on Confidential Judicial Assessments

The President of the Employment Tribunals in England and Wales has issued guidance on a formal process for an Employment Judge to make a judicial assessment of the strengths and weaknesses of a case. This creates a confidential process under which an employment judge, with the consent of the parties, can offer an early assessment of the strengths and weaknesses of the parties' respective cases. However, this only applies in England and Wales and not in Scotland.

If it occurs, it will generally be at the first case management preliminary hearing. It will not generally be offered later in the proceedings.

It will only take place after the issues in the case have been fully clarified and formal case management orders have been made. No evidence will be heard.The parties must agree that the views expressed by the employment judge are non attributable and strictly confidential and must not be disclosed to third parties other than advisers and must not be attributed or identified as the views of the employment judge in subsequent proceedings.

However, anything said in judicial assessment can be used in subsequent without prejudice discussions.

The employment judge who conducts judicial assessment will normally not then be involved in any part of the proceedings which entails final determination of the parties' rights.

https://www.judiciary.gov.uk/wp-content/uploads/2013/08/presidential-guidance-rule-3-judicial-assessments.pdf