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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001

S.I. 2001/1171 · Made 23 March 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EMPLOYMENT TRIBUNALS,ENGLAND AND WALES

Made 23rd March 2001

Laid before Parliament 27th March 2001

Coming into force 18th April 2001

The Secretary of State, in exercise of the powers conferred on him by section 24(2) of the Health and Safety at Work etc. Act 1974f1, sections 1(1), 4(6) and (6A), 7(1), (3) and (5), 9(1), (2) and (4), 10(2), (5), (6) and (7), 10A(1), 11(1), 12(2), 13, 19 and 41(4) of the Employment Tribunals Act 1996f2 and paragraph 36 of Schedule 8 to the Government of Wales Act 1998f3, and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1974 c. 37; “prescribed” is defined by section 53(1) of the Act as meaning prescribed by regulations.

f2

1996 c. 17; by virtue of section 1 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”. Section 4(6) was amended by paragraph 12(4) of Schedule 1 to the Employment Rights (Dispute Resolution) Act 1998 and section 4(6A) was inserted by section 3(6) of that Act. Section 7 was interpreted by section 239(4) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), as inserted by paragraph 1 of Schedule 5 to the Employment Relations Act 1999 (c. 26). Section 9(4) was amended by paragraph 15 of Schedule 1 to the Employment Rights (Dispute Resolution) Act 1998. Section 10 was substituted, and section 10A was inserted, by paragraph 3 of Schedule 8 to the Employment Relations Act 1999. Section 13(2) was amended by paragraph 4 of Part III of Schedule 4 to the Employment Relations Act 1999.

f3

1998 c. 38.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3President of Employment Tribunals
  4. 4Establishment of employment tribunals
  5. 5Panels of members of tribunals
  6. 6Further panels in national security cases
  7. 7Modification of section 4 of the Employment Tribunals Act 1996
  8. 8Regional Chairmen
  9. 9Composition of tribunals
  10. 10Overriding objective
  11. 11Proceedings of tribunals
  12. 12Register
  13. 13Proof of decisions of tribunals
  14. 14Transitional provision
  15. 15Revocations
  16. Signature
  17. Schedule 1: THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE
  18. 1Originating application
  19. 2Action upon receipt of originating application
  20. 3Appearance by respondent
  21. 4Case management
  22. 5Time and place of hearing
  23. 6Entitlement to bring or contest proceedings
  24. 7Pre-hearing review
  25. 8National security
  26. 9Dismissals in connection with industrial action
  27. 10The hearing
  28. 11Procedure at hearing
  29. 12Decision of tribunal
  30. 13Review of tribunal’s decision
  31. 14Costs
  32. 15Miscellaneous powers
  33. 16Restricted reporting orders
  34. 17Extension of time
  35. 18Devolution issues
  36. 19Joinder and representative respondents
  37. 20Combined proceedings
  38. 21Transfer of proceedings
  39. 22References to the European Court of Justice
  40. 23Notices, etc
  41. Schedule 2: THE EMPLOYMENT TRIBUNALS (NATIONAL SECURITY) COMPLEMENTARY RULES OF PROCEDURE
  42. 1Modification of rule 3 of Schedule 1
  43. 2Modification of rule 4 of Schedule 1
  44. 3Modification of rule 7 of Schedule 1
  45. 4Insertion of rules 7A and 7B into Schedule 1
  46. 5Modification of rule 10 of Schedule 1
  47. 6Modification of rule 11 of Schedule 1
  48. 7Modification of rule 12 of Schedule 1
  49. 8Modification of rule 13 of Schedule 1
  50. Schedule 3: THE EMPLOYMENT TRIBUNALS (EQUAL VALUE)COMPLEMENTARY RULES OF PROCEDURE
  51. Part I: —ordinary cases
  52. 1Modification of rule 4 of Schedule 1
  53. 2Insertion of rule 10A into Schedule 1
  54. 3Modification of rule 11 of Schedule 1
  55. 4Modification of rule 12 of Schedule 1
  56. 5Modification of rule 14 of Schedule 1
  57. 6Modification of rule 15 of Schedule 1
  58. 7Modification of rule 23 of Schedule 1
  59. Part II: —national security cases
  60. 1Modification of rule 4 of Schedule 1
  61. 2Insertion of rule 7B into Schedule 1
  62. Modification of rule 11 of Schedule 1
  63. 4Modification of rule 12 of Schedule 1
  64. Schedule 4: THE EMPLOYMENT TRIBUNALS (LEVY APPEALS) RULES OF PROCEDURE
  65. lNotice of appeal
  66. 2Action upon receipt of appeal
  67. 3Further particulars of appeal
  68. 4Withdrawal of appeal or assessment
  69. 5Entry of appeal
  70. 6Direction for further particulars
  71. 7Attendance of witnesses and discovery
  72. 8Time and place of hearing of appeal
  73. 9The hearing
  74. 10Procedure at hearing
  75. 11Devolution issues
  76. 12Decision of tribunal
  77. 13Costs
  78. 14Miscellaneous powers
  79. 15Applications
  80. 16Notices, etc
  81. Appendix
  82. Schedule 5: THE EMPLOYMENT TRIBUNALS (IMPROVEMENT AND PROHIBITION NOTICES APPEALS) RULES OF PROCEDURE
  83. 1Notice of appeal
  84. 2Time limit for bringing appeal
  85. 3Action upon receipt of notice of appeal
  86. 4Application for direction suspending the operation of a prohibition notice
  87. 5Power to require attendance of witnesses and production of documents, etc
  88. 6Time and place of hearing and appointment of assessor
  89. 7The hearing
  90. 8Written representations
  91. 9Procedure at hearing
  92. 10Devolution issues
  93. 11Decision of tribunal
  94. 12Review of tribunal’s decision
  95. 13Costs
  96. 14Miscellaneous powers
  97. 15Notices, etc.
  98. Schedule 6: THE EMPLOYMENT TRIBUNALS (NON-DISCRIMINATION NOTICES APPEALS) RULES OF PROCEDURE
  99. 1Notice of appeal
  100. 2Action upon receipt of notice of appeal
  101. 3Power to require attendance of witnesses and production of documents, etc.
  102. 4Time and place of hearing
  103. 5The hearing
  104. 6Written representations
  105. 7Procedure at hearing
  106. 8Devolution issues
  107. 9Decision of tribunal
  108. 10Review of tribunal’s decision
  109. 11Costs
  110. 12Miscellaneous powers
  111. 13Restricted reporting orders
  112. 14Notices, etc.
  113. Schedule 7REVOCATIONS
  114. Explanatory note