Introductory text

England, Wales and Scotland As made

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 1996^f1, paragraph 37 of Schedule 6 to the Scotland Act 1998^f2, and paragraph 32 of Schedule 9 to the Government of Wales Act 2006^f3, 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 2007^f4.

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 1996^f5.

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 1996^f6 and paragraph 28A(2) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007^f7.

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

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.