LRD guides and handbook January 2021

Case law at work - 17th edition

Chapter 1

Remote hearings

[ch 1: page 10]

ET rule 44, which required witness statements to be made available to members of the public attending the hearing, has been changed to make remote hearings easier. As a result of the change, where a hearing is conducted electronically, there can be inspection “otherwise than during the course of the hearing”.

Similarly, ET rule 46, which said that the parties and members of the public must be able to hear what the ET hears and see any witnesses as seen by the ET, has been changed. Now, the requirement is for the parties and members of the public to see what the ET sees “so far as practicable”.