Mr CT v The Forward Trust — 2022

The preliminary hearing on 30 April 2022 was devoted to considering the List of Issues one-by-one. The tribunal recorded that there had been lengthy discussion about the list since April 2021, that EJ Mason had previously given guidance, and that the claimant had been given multiple opportunities to identify any error or omission or to correct the list.

The tribunal refused the claimant’s application for reconsideration of the earlier outcome. It found there was no prospect of the outcome being varied or revoked. The tribunal also noted the respondent’s position that it had been attempting to comply with the overriding objective and to assist in clarifying the claimant’s case.

The tribunal accepted that the claimant had continued to make lengthy submissions, but concluded that it was not reasonable or proportionate to prolong the process further. It said the claimant’s assertion that items were missing from the List of Issues was not substantiated, confirmed that the list was finalised, and recorded that directions would be given separately. This judgment did not determine the underlying substantive employment claims.