Amended Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 (amended October 2026) set out a revised framework for determining whether a hearing should be in person, remote, or hybrid. The default for substantive merits hearings (where witness credibility is in dispute) reverts to in-person, reversing the pandemic-era practice of defaulting to video. Preliminary hearings — including case management hearings, strike-out applications, and costs hearings — may continue to be held by video or telephone unless a party requests in-person and the judge considers it necessary in the interests of justice.
The amended rules also introduce specific provisions for overseas witnesses: a party seeking to adduce evidence from a witness based outside the UK must apply for a direction confirming the witness can give video evidence without breaching the laws of the country where they are located. In some jurisdictions, giving evidence to a foreign court or tribunal is itself a criminal offence.
For claimants in employment disputes, these changes mean: if your case turns on your credibility or that of your employer's witnesses, expect an in-person hearing. Plan accordingly — travel, accommodation, and time off work. See the unfair dismissal claim guide for the full ET1 process and the evidence guide for how to prepare your documents.