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Monday, May 12, 2025

Can I Request Changes to Case Management Orders?

If you're representing yourself in an Employment Tribunal claim, you might receive Case Management Orders (CMOs) from the tribunal.These are instructions outlining steps you must take, such as submitting documents or preparing witness statements, by specific deadlines.But what if circumstances change and you can't meet these requirements

Understanding Case Management Orders

CMOs are legally binding directions issued by the tribunal to ensure your case progresses efficiently.They might require you to:Lewis Silkin+2GOV.UK+2Iam!+2

 Disclose relevant documents to the other party.
 Exchange witness statements.
 Prepare a schedule of loss detailing your financial claims.
 Agree on a bundle of documents for the hearing.

Failing to comply with these orders can lead to serious consequences, including your claim being struck out or costs being awarded against you.

Requesting Changes to CMOs

If you believe you cannot comply with a CMO, it's crucial to act promptly:

1. Identify the Issue:Clearly understand which part of the order you cannot comply with and why.
2. Communicate Early:Inform the tribunal as soon as possible, explaining your reasons.Delays can reduce the likelihood of your request being granted.
3. Submit a Written Application:Write to the tribunal, outlining:
 The specific order you wish to change.
 The reasons for the requested change.
 Any supporting evidence, such as medical certificates or other relevant documents.

4. Notify the Other Party:Send a copy of your application to the respondent (your employer) and inform the tribunal that you've done so.www.slideshare.net

Possible Outcomes

The tribunal may:

 Grant the Request:If your reasons are valid and the change doesn't unfairly disadvantage the other party.
 Refuse the Request:If the tribunal believes the existing order should stand.
 Propose an Alternative:Suggest a compromise, such as a shorter extension.

Remember, the tribunal's primary goal is to ensure a fair and efficient process for both parties.

Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly

🧭 Navigating your Claim

⏳ Chronology of a Claim

Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!

🤝 Informal Resolution

Try to settle the dispute without starting a claim.

📝 Presenting a Claim

Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3

🗂️ Case Management

Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").

⚖️ Preliminary Applications and Hearings

The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.

📂 Disclosure

You will be ordered to exchange all relevant documents with the other side.

🗣️ Witness Statements

You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.

🏛️ Final Hearings

This is when your case is decided by the tribunal.

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔁 Appeals

You may be able to challenge the outcome — but only on limited grounds.

🎥 Other Resources

📚 Free Guide 📘

Click here for my free tribunal guide.

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