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The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2014

S.I. 2014/271 · Made 11 February 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2014.

Employment Tribunals

Made 11th February 2014

Laid before Parliament 13th February 2014

Coming into force 6th April 2014

The Secretary of State, in exercise of the powers conferred by sections 7 and 41(4) of the Employment Tribunals Act 1996f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

1996 c. 17; by virtue of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) industrial tribunals were renamed employment tribunals and references to “industrial tribunal” and “industrial tribunals” in any enactment were substituted with “employment tribunal” and “employment tribunals”.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
  3. 3Regulation 3
  4. 4Amendments to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Regulation 7
  8. 8Regulation 8
  9. 9Regulation 9
  10. 10Amendments to Schedule 2 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
  11. 11Transitional provision
  12. Signature
  13. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2014 and come into force on 6th April 2014.

2Amendments to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013I1

In regulation 6(5) F1of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 for “full-time” substitute “salaried”.

3I1

In regulation 8(2)(a) F1of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013—

(a)

for “chairmen” substitute “Employment Judges”;

(b)

omit “(in these Regulations (including the Schedules) referred to as “Employment Judges”)”.

4Amendments to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013I1

Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is amended as follows.

5I1

In rule 1(1) in the appropriate places insert the following definitions—

  • ““early conciliation certificate” means a certificate issued by ACAS in accordance with the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2013f1;

  • “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;

  • “relevant proceedings” means those proceedings listed in section 18(1) of the Employment Tribunals Act 1996f2;”

6I1

In rule 1(3)(b)—

(a)

at the end of sub-paragraph (i) omit “or”;

(b)

after sub-paragraph (ii) insert—

“(iii)

the imposition of a financial penalty under section 12A of the Employment Tribunals Act”.

7I1

In rule 10(1)—

(a)

in sub-paragraph (a) delete “or”;

(b)

at the end of paragraph (iv) of sub-paragraph (b) insert “or”;

(c)

after sub-paragraph (b) insert—

“(c)

it does not contain one of the following—

(i)

an early conciliation number;

(ii)

confirmation that the claim does not institute any relevant proceedings; or

(iii)

confirmation that one of the early conciliation exemptions applies.”

8I1

In rule 12—

(a)

in sub-paragraph (a) of paragraph (1) omit “or”;

(b)

after sub-paragraph (b) of paragraph (1) after “process” insert—

“(c)

one which institutes relevant proceedings and is made on a claim form that does not contain either an early conciliation number or confirmation that one of the early conciliation exemptions applies;

(d)

one which institutes relevant proceedings, is made on a claim form which contains confirmation that one of the early conciliation exemptions applies, and an early conciliation exemption does not apply;

(e)

one which institutes relevant proceedings and the name of the claimant on the claim form is not the same as the name of the prospective claimant on the early conciliation certificate to which the early conciliation number relates; or

(f)

one which institutes relevant proceedings and the name of the respondent on the claim form is not the same as the name of the prospective respondent on the early conciliation certificate to which the early conciliation number relates”;

(c)

in paragraph (2) for “or (b)” substitute “(b), (c) or (d)”;

(d)

after paragraph (2) insert—

“(2A)

The claim, or part of it, shall be rejected if the Judge considers that the claim, or part of it, is of a kind described in sub-paragraph (e) or (f) of paragraph (1) unless the Judge considers that the claimant made a minor error in relation to a name or address and it would not be in the interests of justice to reject the claim.”

9I1

In rule 33 for “1026/2001” substitute “1206/2001”.

10Amendments to Schedule 2 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013I1

In rule 5 of Schedule 2 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 omit paragraph (2).

11Transitional provisionI1

Regulations 5, 7 and 8 have effect in relation to—

(a)

any claim presented by a claimant in the period beginning on 6th April 2014 and ending on 5th May 2014 where section 18A of the Employment Tribunals Act 1996 applies to that claimant by virtue of the Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014f1; and

(b)

any claim presented on or after 6th May 2014.

Signature

Jenny Willott

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

11th February 2014

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the 2013 Regulations”).

These Regulations insert the provisions necessary to ensure that a claim is rejected where the requirement in section 18A of the Employment Tribunals Act 1996 to contact ACAS before instituting proceedings applies to a claimant and the claimant does not have the certificate necessary under subsection (8) of that section.

These Regulations amend the 2013 Regulations to reflect the introduction of the financial penalties regime (under section 12A of the Employment Tribunals Act 1996) and the abolition of the Administrative Justice and Tribunals Council.

A regulatory impact assessment on the introduction of early conciliation is available and a copy can be obtained from the Department for Business Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H OET. Copies have also been placed in the libraries of both Houses of Parliament.