New functions to be carried out by Legal Officers

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A new category of tribunal employees called Legal Officers (who do not need to be legally qualified) are to be allowed to carry out a range of functions, including:

• deciding whether a claim form has a substantive defect;

• deciding applications for extension of time to respond to a claim, or to comply with a case management order;

• deciding applications for a postponement made more than 7 days before the hearing where all parties consent; and

• ordering the dismissal of a claim following a party’s withdrawal.

Either party can apply within 14 days of a Legal Officer’s decision for the matter to be considered again by an Employment Judge. This is in response to concerns raised by the TUC and unions.