Rule 2 InterpretationI1

In these Rules—

• “2013 Regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013^f1;

• “ACAS” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of the Trade Union and Labour Relations (Consolidation) Act 1992^f2;

• “case management order” means an order or decision of any kind in relation to the conduct of proceedings, not including the determination of any issue which would be the subject of a judgment;

• “claim” means any proceedings before the Tribunal making a complaint, and unless otherwise specified, includes an employer’s contract claim;

• “claim form” means a form prescribed by the President in accordance with rule 9(1)(a);

• “claimant” means a person who brings a claim to the Tribunal (other than an employer’s contract claim);

• “Commission for Equality and Human Rights” means the body established under section 1 of the Equality Act 2006^f3;

• “complaint” means anything that is referred to as a claim, complaint, reference, application or appeal in any enactment which confers jurisdiction on the Tribunal;

• “costs” means fees, charges, disbursements or expenses incurred by or on behalf of any party (including expenses that witnesses incur for the purpose of, or in connection with, attendance at a Tribunal hearing). In Scotland all references to costs (except when used in the expression “wasted costs”) must be read as references to expenses;

• “costs order” has the meaning given in rule 73(1);

• “early conciliation certificate” means a certificate issued by ACAS in accordance with the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014^f4;

• “early conciliation exemption” means an exemption contained in regulation 3(1) of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014;

• “early conciliation number” means the unique reference number which appears on an early conciliation certificate;

• “electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000^f5;

• “employee’s contract claim” means a claim brought by an employee in accordance with articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994^f6 or articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994^f7;

• “employer’s contract claim” means a claim brought by an employer in accordance with articles 4 and 8 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, or articles 4 and 8 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994;

• “Employment Appeal Tribunal” means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975^f8 and continued in existence under section 135 of the Employment Protection (Consolidation) Act 1978^f9 and section 20(1) of the Employment Tribunals Act^f10;

• “Employment Tribunals Act” means the Employment Tribunals Act 1996;

• “equal value claim” means a claim relating to a breach of a sex equality clause or rule within the meaning of the Equality Act in a case involving work within section 65(1)(c) of that Act;

• “Equality Act” means the Equality Act 2010^f11;

• “final hearing” has the meaning given in rule 55(1);

• F1“full reasons” has the meaning given in rule 60(7);

• “judgment” means a decision made at any stage of the proceedings (other than a decision under rule 14 (reconsideration of rejection of claim) or 20 (reconsideration of rejection of response)), which finally determines—

  1. a claim, or part of a claim, as regards liability, remedy or costs (including preparation time and wasted costs);

  2. any issue which is capable of finally disposing of any claim, or part of a claim, even if it does not necessarily do so (for example, an issue whether a claim should be struck out or a jurisdictional issue);

  3. the imposition of a financial penalty under section 12A of the Employment Tribunals Act^f12;

• “lay representative” means a person who charges for representation in proceedings but is not a legal representative;

• “legal representative” means a person (including an employee of a person who is entitled to be paid costs) who—

  1. has a right of audience in relation to any class of proceedings in any part of the Senior Courts of England and Wales, or all proceedings in county courts or magistrates’ courts,

  2. is an advocate or solicitor in Scotland, or

  3. is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;

• “Minister” means a Minister of the Crown;

• “national security proceedings” means proceedings in relation to which a direction or order under rule 93 is in force;

• “preliminary hearing” has the meaning given in rule 52(1);

• “preliminary issue” has the meaning given in rule 52(3);

• “preparation time” has the meaning given in rule 72;

• “preparation time order” has the meaning given in rule 73(2);

• “President” means either of the two presidents appointed from time to time in accordance with regulation 5(1) of the 2013 Regulations^f13;

• “presiding member” means—

  1. where the Tribunal is composed of a single member, the Employment Judge^f14 presiding in accordance with regulation 5(1) of the Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024^f15;

  2. where the Tribunal is composed of two or more members, the member selected by the Senior President of Tribunals in accordance with regulation 6(4) of those Regulations;

• “Regional Employment Judge” means a person appointed or nominated in accordance with regulation 6(1) or (2) of the 2013 Regulations^f16;

• “Register” means the register of judgments and written reasons kept in accordance with regulation 14(1) of the 2013 Regulations^f17;

• “relevant proceedings” means those proceedings listed in section 18(1) of the Employment Tribunals Act^f18;

• “reply” means a reply given to an employer’s contract claim under rule 26;

• “representative” includes a legal representative and a lay representative, and unless otherwise specified, “represented” and “representing” are to be construed accordingly;

• “respondent” means the person or persons against whom the claim (other than an employer’s contract claim) is made;

• “response” means a response presented to the Tribunal under Part 3 of these Rules;

• “response form” means a form prescribed by the President in accordance with rule 9(1)(b);

• “summary reasons” has the meaning given in rule 60(7);

• “Tribunal” means any employment tribunal established in accordance with regulation 4 of the 2013 Regulations;

• “Vice President” means a person appointed or nominated in accordance with regulation 6(3) or (4) of the 2013 Regulations;

• “wasted costs” has the meaning given in rule 78(5);

• “writing” includes writing sent by means of electronic communication.

Any order or other decision of the Tribunal is either a case management order or a judgment.