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The Employment Tribunal Procedure Rules 2024

S.I. 2024/1155 · Made 2 December 2024 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 2 March 2026.

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

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.

f2

1998 c. 46.

f3

2006 c. 32.

f4

2007 c. 15.

f5

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

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.

f7

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

  1. Part 1: Introduction and general provisions
  2. 1Citation, commencement, application and extent
  3. 2Interpretation
  4. 3Overriding objective
  5. 4Alternative dispute resolution
  6. 5Time
  7. 6Irregularities and non-compliance
  8. 7Delegation to staff
  9. 8Presidential Guidance
  10. 9Prescribed forms
  11. Part 2: Starting a claim
  12. 10Presenting the claim
  13. 11Multiple claimants
  14. 12Rejection: claim form not used or failure to supply minimum information
  15. 13Rejection: substantive defects
  16. 14Reconsideration of rejection of claim
  17. 15Protected disclosure claims
  18. Part 3: The response to the claim
  19. 16Sending claim form to respondents
  20. 17Response
  21. 18Rejection: response form not used or failure to supply minimum information
  22. 19Rejection: response form presented late
  23. 20Reconsideration of rejection of response
  24. 21Applications for extension of time for presenting response
  25. 22Effect of non-presentation or rejection of response, or case not contested
  26. 23Notification of acceptance
  27. Part 4: Employer’s contract claim
  28. 24Making an employer’s contract claim
  29. 25Notification of employer’s contract claim
  30. 26Replying to an employer’s contract claim
  31. Part 5: Initial consideration of claim, response and reply
  32. 27Initial consideration
  33. 28Dismissal of claim
  34. 29Dismissal of response or reply
  35. Part 6: Case management orders and other powers
  36. 30Case management orders
  37. 31Applications for case management orders
  38. 32Postponements
  39. 33Disclosure of documents and information
  40. 34Requirement to attend to give evidence
  41. 35Addition, substitution and removal of parties
  42. 36Other persons
  43. 37Lead cases
  44. 38Striking out
  45. 39Unless orders
  46. 40Deposit orders
  47. Part 7: Rules common to all kinds of hearings
  48. 41General
  49. 42Written representations
  50. 43Witnesses
  51. 44Inspection of witness statements
  52. 45Timetabling
  53. 46Hearings by electronic communication
  54. 47Non-attendance
  55. 48Conversion from preliminary hearing to final hearing and vice versa
  56. 49Privacy and restrictions on disclosure
  57. Part 8: Withdrawal
  58. 50End of claim
  59. 51Dismissal following withdrawal
  60. Part 9: Preliminary hearings
  61. 52Scope of preliminary hearings
  62. 53Direction for preliminary hearing
  63. 54Preliminary hearings held in public
  64. Part 10: Final hearing
  65. 55Scope of final hearing
  66. 56Notice of final hearing
  67. 57Final hearing held in public
  68. Part 11: Decisions and reasons
  69. 58Decisions made without a hearing
  70. 59Decisions made at or following a hearing
  71. 60Reasons
  72. 61Absence of presiding member
  73. 62Consent orders and judgments
  74. 63When a judgment or order takes effect
  75. 64Time for compliance
  76. 65The Register
  77. 66Copies of decisions for referring court
  78. 67Correction of clerical mistakes and accidental slips
  79. Part 12: Reconsideration of judgments
  80. 68Principles
  81. 69Application for reconsideration
  82. 70Process for reconsideration
  83. 71Reconsideration by the Tribunal on its own initiative
  84. Part 13: Costs orders, preparation time orders and wasted costs orders
  85. 72Definitions
  86. 73Costs orders and preparation time orders
  87. 74When a costs order or a preparation time order may or must be made
  88. 75Procedure
  89. 76The amount of a costs order
  90. 77The amount of a preparation time order
  91. 78When a wasted costs order may be made
  92. 79Effect of a wasted costs order
  93. 80Procedure
  94. 81Allowances
  95. 82Ability to pay
  96. Part 14: Sending documents
  97. 83Sending documents to the Tribunal
  98. 84Sending documents to parties
  99. 85Sending documents to non-parties
  100. 86Special cases
  101. 87Alternative address
  102. 88Date of receipt
  103. 89Irregular sending of documents
  104. 90Correspondence with the Tribunal: copying to other parties
  105. 91Digital case management
  106. Part 15: Miscellaneous
  107. 92ACAS
  108. 93National security proceedings
  109. 94Interim relief proceedings
  110. 95Proceedings involving the National Insurance Fund
  111. 96Collective agreements
  112. 97Devolution issues
  113. 98Transfer of proceedings between Scotland and England and Wales
  114. 99Transfer of proceedings from a court
  115. 100Vexatious litigants
  116. 101Information to the Commission for Equality and Human Rights
  117. 102Levy appeals
  118. 103Appeals against improvement and prohibition notices
  119. 104Appeals against notices given under the Energy Act 2013
  120. 105Appeals against unlawful act notices
  121. Signature
  122. Schedule 1: Procedure in national security proceedings
  123. 1Application and interpretation of Schedule 1
  124. 2Sending of documents
  125. 3Witness orders and disclosure of documents
  126. 4Special advocate
  127. 5Hearings
  128. 6Reasons in national security proceedings
  129. Schedule 2: Procedure in equal value claims
  130. 1Application and interpretation of Schedule 2
  131. 2General power to manage proceedings
  132. 3Conduct of stage 1 equal value hearing
  133. 4Standard orders for stage 1 equal value hearing
  134. 5Involvement of independent expert in fact finding
  135. 6Conduct of stage 2 equal value hearing
  136. 7Standard orders for stage 2 equal value hearing
  137. 8Final hearing
  138. 9Duties and powers of the independent expert
  139. 10Use of expert evidence
  140. 11Written questions to experts (including independent experts)
  141. 12Procedural matters
  142. 13National security proceedings
  143. Explanatory note