The guidance adopts a protocol for an employment judge conducting a judicial assessment of a claim and a response as part of a preliminary hearing. Judicial assessment is an impartial and confidential assessment by an employment judge to highlight the strengths and weaknesses of each party's claim.

The guidance also highlights that judicial assessments may be particularly valuable to unrepresented parties. It may help to ensure aggrieved former employees' hold realistic expectations of the court proceedings, thereby encouraging settlement.

What Should Employers Do Next?

For the first time the Tribunal process now allows for an early judicial assessment of the merits of claims. This could prove invaluable for employers faced with weak claims.