The Employment Tribunal Procedure Rules 2024
S.I. 2024/1155 · Made 2 December 2024 · Extends to England, Wales and Scotland
EMPLOYMENT TRIBUNALS
Made 2nd December 2024
Laid before Parliament 6th December 2024
Coming into force in accordance with rule 1(1)
The Tribunal Procedure Committee makes the following Rules (other than the rules made by the Lord Chancellor) in exercise of the powers conferred by sections 7, 9(1), (2) and (2ZA), 11(1), 12(2), 13, 13A, 19, 37QA of, and Schedule A1 to, the Employment Tribunals Act 1996f1, paragraph 37 of Schedule 6 to the Scotland Act 1998f2, and paragraph 32 of Schedule 9 to the Government of Wales Act 2006f3, having consulted in accordance with paragraph 21(1) and (3) of Schedule A1 to the Employment Tribunals Act 1996 and paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007f4.
The Lord Chancellor makes rules 1(3)(a), 93 and Schedule 1 to these Rules in exercise of the powers conferred by sections 10(2), (5) to (7) and 41(4) of the Employment Tribunals Act 1996f5.
The Tribunal Procedure Committee has had regard to the matters referred to in section 7B(A1) of, and paragraph 1 of Schedule A1 to, the Employment Tribunals Act 1996f6 and paragraph 28A(2) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007f7.
The Lord Chancellor has (in respect of the rules made by the Tribunal Procedure Committee) allowed these Rules in accordance with paragraph 21 of Schedule A1 to the Employment Tribunals Act 1996 and paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
Annotations to the whole text
Footnotes
- f1
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1996 c. 17, (“the Act”); by virtue of section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) all references to “industrial tribunal” and “industrial tribunals” in any enactment are substituted with “employment tribunal” and “employment tribunals”. Section 7 is substituted by section 34(2) of the Judicial Review and Courts Act 2022 (c. 35) to provide when read with section 37QA of, and Schedule A1 to, the Act (as inserted by section 34(4) of and Schedule 5 to the Judicial Review and Courts Act 2022) the transfer of responsibility for the making of procedure rules for the employment tribunals (and the Employment Appeal Tribunal) to the Tribunal Procedure Committee. Paragraph 21 of Schedule A1 to the Act applies Part 3 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) with modifications, to provide the procedural requirements for the making of procedure rules. Section 9 was amended by the Enterprise and Regulatory Reform Act 2013 (c. 24), section 21(2) and the Judicial Review and Courts Act 2022, Schedule 5, Part 2, paragraph 5. Section 11 was amended by the Judicial Review and Courts Act 2022, Schedule 5, Part 2, paragraph 8. Section 12 of the Act was amended by the Equality Act 2010 (c. 10), Schedule 26, paragraph 30 and the Judicial Review and Courts Act 2022, Schedule 5, Part 2, paragraph 9. Section 13 was amended by the Employment Relations Act 1999 (c. 26), Schedule 4, Part 3, paragraph 4, the Employment Act 2002 (c. 22), section 22(1), the Crime and Courts Act 2013 (c. 22), Schedule 9, paragraph 52, the Small Business, Enterprise and Employment Act 2015 (c. 26), section 151(3) and the Judicial Review and Courts Act 2022, Schedule 5, Part 2, paragraph 11. Section 13A was inserted by the Employment Act 2002, section 22(2) and amended by the Enterprise and Regulatory Reform Act 2013, section 21(3), the Small Business, Enterprise and Employment Act 2015, section 151(4) and the Judicial Review and Courts Act 2022, Schedule 5, Part 2, paragraph 12. Section 19 was amended by the Employment Act 2002, section 24(3) and (4), Schedule 7, paragraph 23(3) and Schedule 8, the Employment Act 2008 (c. 24), section 6(2) and the Judicial Review and Courts Act 2022, Schedule 5, Part 2, paragraph 16.
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- f3
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- f5
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Section 10 was substituted by the Employment Relations Act 1999 (c. 26), Schedule 8, paragraph 3 and amended by the Employment Relations Act 2004 (c. 24), section 36 and Schedule 1, paragraph 24, the Crime and Courts Act 2013 (c. 22), Schedule 14, Part 7, paragraph 13(3), the Judicial Review and Courts Act 2022 (c. 35), Schedule 5, paragraph 6 and S.I. 2010/493 and 2018/579.
- f6
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Section 7B was inserted by the Tribunals, Courts and Enforcement Act 2007 (c. 15) Schedule 8, paragraph 42. Subsection (A1) was inserted by the Judicial Review and Courts Act 2022 (c. 35), Schedule 5, paragraph 4.
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Paragraph 28A was inserted by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), paragraph 45 of the Schedule and applies to the making of Procedure Rules under the Employment Tribunals Act 1996 (c. 17) by virtue of paragraph 21 of Schedule A1 to the Employment Tribunals Act 1996.
Contents
- Part 1: Introduction and general provisions
- 1Citation, commencement, application and extent
- 2Interpretation
- 3Overriding objective
- 4Alternative dispute resolution
- 5Time
- 6Irregularities and non-compliance
- 7Delegation to staff
- 8Presidential Guidance
- 9Prescribed forms
- Part 2: Starting a claim
- 10Presenting the claim
- 11Multiple claimants
- 12Rejection: claim form not used or failure to supply minimum information
- 13Rejection: substantive defects
- 14Reconsideration of rejection of claim
- 15Protected disclosure claims
- Part 3: The response to the claim
- 16Sending claim form to respondents
- 17Response
- 18Rejection: response form not used or failure to supply minimum information
- 19Rejection: response form presented late
- 20Reconsideration of rejection of response
- 21Applications for extension of time for presenting response
- 22Effect of non-presentation or rejection of response, or case not contested
- 23Notification of acceptance
- Part 4: Employer’s contract claim
- 24Making an employer’s contract claim
- 25Notification of employer’s contract claim
- 26Replying to an employer’s contract claim
- Part 5: Initial consideration of claim, response and reply
- 27Initial consideration
- 28Dismissal of claim
- 29Dismissal of response or reply
- Part 6: Case management orders and other powers
- 30Case management orders
- 31Applications for case management orders
- 32Postponements
- 33Disclosure of documents and information
- 34Requirement to attend to give evidence
- 35Addition, substitution and removal of parties
- 36Other persons
- 37Lead cases
- 38Striking out
- 39Unless orders
- 40Deposit orders
- Part 7: Rules common to all kinds of hearings
- 41General
- 42Written representations
- 43Witnesses
- 44Inspection of witness statements
- 45Timetabling
- 46Hearings by electronic communication
- 47Non-attendance
- 48Conversion from preliminary hearing to final hearing and vice versa
- 49Privacy and restrictions on disclosure
- Part 8: Withdrawal
- 50End of claim
- 51Dismissal following withdrawal
- Part 9: Preliminary hearings
- 52Scope of preliminary hearings
- 53Direction for preliminary hearing
- 54Preliminary hearings held in public
- Part 10: Final hearing
- 55Scope of final hearing
- 56Notice of final hearing
- 57Final hearing held in public
- Part 11: Decisions and reasons
- 58Decisions made without a hearing
- 59Decisions made at or following a hearing
- 60Reasons
- 61Absence of presiding member
- 62Consent orders and judgments
- 63When a judgment or order takes effect
- 64Time for compliance
- 65The Register
- 66Copies of decisions for referring court
- 67Correction of clerical mistakes and accidental slips
- Part 12: Reconsideration of judgments
- 68Principles
- 69Application for reconsideration
- 70Process for reconsideration
- 71Reconsideration by the Tribunal on its own initiative
- Part 13: Costs orders, preparation time orders and wasted costs orders
- 72Definitions
- 73Costs orders and preparation time orders
- 74When a costs order or a preparation time order may or must be made
- 75Procedure
- 76The amount of a costs order
- 77The amount of a preparation time order
- 78When a wasted costs order may be made
- 79Effect of a wasted costs order
- 80Procedure
- 81Allowances
- 82Ability to pay
- Part 14: Sending documents
- 83Sending documents to the Tribunal
- 84Sending documents to parties
- 85Sending documents to non-parties
- 86Special cases
- 87Alternative address
- 88Date of receipt
- 89Irregular sending of documents
- 90Correspondence with the Tribunal: copying to other parties
- 91Digital case management
- Part 15: Miscellaneous
- 92ACAS
- 93National security proceedings
- 94Interim relief proceedings
- 95Proceedings involving the National Insurance Fund
- 96Collective agreements
- 97Devolution issues
- 98Transfer of proceedings between Scotland and England and Wales
- 99Transfer of proceedings from a court
- 100Vexatious litigants
- 101Information to the Commission for Equality and Human Rights
- 102Levy appeals
- 103Appeals against improvement and prohibition notices
- 104Appeals against notices given under the Energy Act 2013
- 105Appeals against unlawful act notices
- Signature
- Schedule 1: Procedure in national security proceedings
- 1Application and interpretation of Schedule 1
- 2Sending of documents
- 3Witness orders and disclosure of documents
- 4Special advocate
- 5Hearings
- 6Reasons in national security proceedings
- Schedule 2: Procedure in equal value claims
- 1Application and interpretation of Schedule 2
- 2General power to manage proceedings
- 3Conduct of stage 1 equal value hearing
- 4Standard orders for stage 1 equal value hearing
- 5Involvement of independent expert in fact finding
- 6Conduct of stage 2 equal value hearing
- 7Standard orders for stage 2 equal value hearing
- 8Final hearing
- 9Duties and powers of the independent expert
- 10Use of expert evidence
- 11Written questions to experts (including independent experts)
- 12Procedural matters
- 13National security proceedings
- Explanatory note