Judicial Assessment


In October 2016, a new process was launched called “Judicial Assessment”. This is the offer of an early impartial and confidential assessment by an Employment Judge of the strengths, weaknesses and risks of both sides’ claims. It can only take place with both parties’ agreement and will generally be offered at the first case management hearing.


The idea is to provide a provisional assessment of liability and/or remedy without testing the evidence. The judge making the assessment will have no further involvement in the case. Notes of the assessment will be kept separately from the case file and will be unseen by the tribunal panel that rules on the final hearing. The views of the Employment Judge cannot be revealed to anyone except professional advisers. If the parties cannot agree to these conditions, Judicial Assessment will not take place.


The aim is to encourage settlement before the parties' positions become too entrenched and significant costs have built up, and to help the parties decide what the case is really about. Although the aim is to encourage settlement, it is not envisaged that settlement negotiations will take place during the assessment, which will be free of charge.