Initial Consideration — the “Sift”

The new tribunal rules have formalised an existing tribunal practice known as the “paper sift”, described in the rules as a new formal stage — “Initial Consideration”. This takes place after the ET1 claim and ET3 response forms have been lodged. Each case is sent to an employment judge who checks through the claim. If the judge thinks the tribunal has no jurisdiction to hear the claim, or that a claim or response form (or part of it) shows no reasonable prospects of success, the tribunal must send the party affected a notice or an “Unless” order (see page 36), requiring them to “show cause” (i.e. satisfy the judge) that the claim should be allowed to go ahead, as opposed to being struck out (i.e. dismissed). Only that party has to attend a preliminary hearing to “show cause” (tribunal rules 26-28).