Presidential guidance on employment tribunal postponements in Scotland

by Laurie Anstis on January 17, 2014

Rule 7 of the new employment tribunal rules always envisaged that Presidential guidance would be issued separately for the employment tribunals in England and Wales and the employment tribunals in Scotland.

Following last week’s Presidential guidance for England and Wales, Practical Law are reporting that Presidential guidance has been issued (on postponements only) for Scotland.

I have yet to find the Scottish guidance on any official source, but Practical Law have published their own copy, available here. The guidance is said to apply with effect from 1 February 2014. [Update 23 Jan 2014 – it is now online here.]

Notably there are some differences from the version which applies in England and Wales. For instance, the Scottish guidance says that late postponements on medical grounds should be accompanied by an undertaking to provide medical certificates within seven days, and in the Scottish guidance there is no formal obligation to discuss the application with your opponent, unless the opponent is legally represented.

Given these differences, it is going to be important for litigants to make sure that they refer to the individual guidance for whichever jurisdiction they are making their application in.