Can I Request Changes to Case Management Orders?

If you are 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 cannot 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:

• disclose relevant documents to the other party;
• exchange witness statements;
• prepare a schedule of loss detailing your financial claims;
• agree 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 is important 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, setting out the specific order you wish to change, the reasons for the requested change, and 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 tell the tribunal that you have done so.

Possible Outcomes

The tribunal may:

• grant the request, if your reasons are valid and the change does not unfairly disadvantage the other party;
• refuse the request, if the tribunal believes the existing order should stand;
• propose an alternative, such as a shorter extension.

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