EAT on 15th January 2007
where a full Tribunal is convened then it is for that body, rather than the Chairman alone, to decide any case management issues which may arise in the course of a pre-hearing review. However, there may be circumstances where a case is adjourned or postponed in which case management decisions can be taken by the Chairman alone on the basis that the full panel is no longer sitting. It would then be important for the parties to be clear that they are addressing the Chairman alone and so generally it would be good practice for the lay-members to leave the tribunal room.
For general relevant notes see Procedure of Employment Tribunals /2004 rules /rule 18 - conduct of pre-hearing reviews