An Employment Tribunal cast list is a document produced to assist an Employment Tribunal. It is a separate document which sets out the names of the people who are relevant to events that the claim relates to, and includes what their job role is or was at the relevant time.
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Employment Tribunal cast list – whom is it useful for
An Employment Tribunal cast list is particularly helpful to the Employment Judge sitting alone (or with panel members) who will ultimately determine the issues in the case. The document is particularly useful in circumstances when there are large number of people involved in the events that are relevant to the issues to be decided. It should be remembered that those deciding what the outcome will be will have had no involvement with the case previously. In such circumstances, it can be challenging to absorb a vast amount of information in a short period of time. Having a cast list therefore brings clarity and ensures that key information can be accessed quickly.
As well as the Employment Judge (and panel members) an Employment Tribunal cast list can also be helpful to the representatives (particular if the cast list is considered at an early stage). The starting point should be the list of issues, but spending time on an Employment Tribunal cast list can help to reveal the people who were involved in relevant events. This clarity can also be helpful with drafting the chronology (a record of the relevant events in the claim) and selecting witnesses.
Is an Employment Tribunal cast list always necessary, and who will prepare it?
The short answer is no, an Employment Tribunal cast list is not always necessary. It may well depend on the complexity of the issues and the number of people involved. It will ultimately be an issue for an Employment Judge to decide.
Where there is a preliminary hearing, the parties are required to complete a preliminary hearing agenda. To find out more information about preliminary hearings, read our blog What happens at an Employment Tribunal preliminary hearing? The preliminary hearing agenda asks if a cast list will be prepared and, if so, by whom?
If one party is not professionally represented, documentation such as the Employment Tribunal cast list will usually be prepared by the professionally represented party.
Who decides what should be included in the cast list?
As with other documents, such as the chronology and the Employment Tribunal preliminary hearing agenda, the parties should take steps to agree the Employment Tribunal cast list before it is submitted to the Employment Tribunal.
Who should be included in an Employment Tribunal cast list?
It is particularly important that those appearing as witnesses at the Employment Tribunal feature in the cast list. However, it may also be helpful to include people who are not witnesses but are still relevant to the events in the case.
When is an Employment Tribunal cast list prepared?
It will ultimately be for an Employment Tribunal judge to decide when the cast list should be submitted to the Employment Tribunal – the deadline is likely to be one of a number of case management orders. However, it may well be the case that the deadline for the Employment Tribunal cast list is fairly late in the process but, as said earlier, it would be helpful to consider it at an early stage.
Plotkin & Chandler works exclusively in the areas of HR and employment law and assists both employees and employers.
If you have brought an Employment Tribunal claim, or you are an organisation defending one, and want advice and or representation relating to your case, or you would like guidance on a particular activity such as drafting an Employment Tribunal cast list or a chronology, we can help.
Please contact us on 020 3923 8616 or via email on info@plotkinandchandler.com to discuss your needs and the ways in which we can help.
