From 1st October 2004 the normal employment tribunal rules of procedure are set out in Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 schedule 1.
An important part of rule 14 is the provision that "So far as it appears appropriate to do so, the Employment Judge or tribunal shall seek to avoid formality in his or its proceedings and shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before the courts" .
Having paid what is perhaps little more than lip service to the overall and long respected provision noted above, rule 14 goes on to provide for strict notice periods - it provides for 14 days notice of a hearing to be sent to the parties and for the parties to present any written representations 7 days before the hearing. Apart from that it does little more than list the four types of hearing open to an Employment Judge or tribunal, viz
Provisions as to the giving of notices etc are in rule 61 - see Procedure of Employment Tribunals/2004 rules/rule 61 - notices etc (general)
Communications expressed to be "without prejudice" made between the parties to a dispute in attempts to achieve an "out of court settlement" are not generally admissible in evidence in subsequent proceedings between those parties concerning the same dispute.
The fact that evidence has been obtained by deceit, for example recording a telephone conversation without the knowledge of the person at the other end of the line, does not of itself prevent it being admissible.
See also Procedure of Employment Tribunals/overriding objective
To go back to a linked index of the rules, click here on Procedure of Employment Tribunals/2004 rules .