The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
S.I. 2004/1861 · Made 19 July 2004
EMPLOYMENT TRIBUNALS
Made 19th July 2004
Laid before Parliament 20th July 2004
Coming into force 1st October 2004
The Secretary of State, in exercise of the powers conferred on her by section 24(2) of the Health and Safety at Work etc. Act 1974f1, sections 1(1), 4(6), and (6A), 7(1), (3), (3ZA), (3A), and (5), 7A(1) and (2), 9(1), (2) and (4), 10(2), (5), (6) and (7), 10A(1), 11(1), 12(2), 13, 13A(1) and (2), 19 and 41(4) of the Employment Tribunals Act 1996f2 and paragraph 36 of Schedule 8 to the Government of Wales Act 1998f3, and paragraph 37 of Schedule 6 to the Scotland Act 1998f4, and after consultation with the Council of Tribunals, in accordance with section 8(1) of the Tribunals and Inquiries Act 1992f5, hereby makes the following Regulations: —
Annotations to the whole text
Footnotes
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1974 c. 37; “prescribed” is defined by section 53(1) of the Act as meaning prescribed by regulations.
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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). Paragraph 7(3)(f)(i) was repealed by paragraph 14(2) of Schedule 1 to the Employment Rights (Dispute Resolution) Act 1998 and paragraph 7(3)(f)(i) was inserted by section 24(1) of the Employment Act 2002 (c. 22) and section 7(3ZA) was inserted by section 25 of that Act. Sections 7(3A) to 7(3C) were inserted by section 2 of the Employment Rights (Dispute Resolution) Act 1998 and section 7(3A) was then substituted by section 26 of the Employment Act 2002. Section 7A was inserted by section 27 of the Employment Act 2002. The sum in paragraph (a) of section 9(2) was substituted by article 2 of S.I. 2001/237 and section 9(2A) was inserted by section 28 of the Employment Act 2002. 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(1) was substituted by subsections (1), (1A) to (1C), by section 22(1) of the Employment Act 2002. Section 13(2) was amended by paragraph 4 of Part III of Schedule 4 to the Employment Relations Act 1999 and section 13A was inserted by section 22(2) of the Employment Act 2002. Section 19(1) was numbered as such by section 24(4) of the Employment Act 2002, and was amended by paragraph 23(1) and (3) of Schedule 7 and Schedule 8 of that Act. Section 19(2) was inserted by section 24(4) of the Employment Act 2002.
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Contents
- 1Citation, commencement and revocation
- 2Interpretation
- 3Overriding objective
- 4President of Employment Tribunals
- 5Establishment of employment tribunals
- 6Regional Chairmen
- 7Vice President
- 8Panels of members of tribunals – general
- 9Composition of tribunals - general
- 10Panels of members of tribunals – national security proceedings
- 11Composition of tribunals – national security proceedings
- 12Modification of section 4 of the Employment Tribunals Act (national security proceedings)
- 13Practice directions
- 14Power to prescribe
- 15Calculation of time limits
- 16Application of Schedules 1-5 to proceedings
- 17Register
- 18Proof of decisions of tribunals
- 19Jurisdiction of tribunals in Scotland and in England & Wales
- 20Transitional provisions
- Signature
- Schedule 1: THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE
- HOW TO BRING A CLAIM
- 1Starting a claim
- ACCEPTANCE OF CLAIM PROCEDURE
- 2What the tribunal does after receiving the claim
- 3When the claim will not be accepted by the Secretary
- RESPONSE
- 4Responding to the claim
- ACCEPTANCE OF RESPONSE PROCEDURE
- 5What the tribunal does after receiving the response
- 6When the response will not be accepted by the Secretary
- 7Counterclaims
- CONSEQUENCES OF A RESPONSE NOT BEING PRESENTED OR ACCEPTED
- 8Default judgments
- 9Taking no further part in the proceedings
- CASE MANAGEMENT
- 10General power to manage proceedings
- 11Applications in proceedings
- 12Chairman acting on his own initiative
- 13Compliance with orders and practice directions
- DIFFERENT TYPES OF HEARING
- 14Hearings - general
- 15Use of electronic communications
- 16Hearings which may be held in private
- CASE MANAGEMENT DISCUSSIONS
- 17Conduct of case management discussions
- PRE-HEARING REVIEWS
- 18Conduct of pre-hearing reviews
- 19Notice requirements
- PAYMENT OF A DEPOSIT
- 20Requirement to pay a deposit in order to continue with proceedings
- CONCILIATION
- 21Documents to be sent to conciliators
- 22Fixed period for conciliation
- 23Early termination of conciliation period
- 24Effect of staying or sisting proceedings on the conciliation period
- WITHDRAWAL OF PROCEEDINGS
- 25Right to withdraw proceedings
- THE HEARING
- 26Hearings
- 27What happens at the Hearing
- ORDERS, JUDGMENTS AND REASONS
- 28Orders and judgments
- 29Form and content of judgments
- 30Reasons
- 31Absence of chairman
- 32The Register
- POWER TO REVIEW JUDGMENTS AND DECISIONS
- 33Review of default judgments
- 34Review of other judgments and decisions
- 35Preliminary consideration of application for review
- 36The review
- 37Correction of judgments, decisions or reasons
- COSTS ORDERS AND ORDERS FOR EXPENSES
- 38General power to make costs and expenses orders
- 39When a costs or expenses order must be made
- 40When a costs or expenses order may be made
- 41The amount of a costs or expenses order
- PREPARATION TIME ORDERS
- 42General power to make preparation time orders
- 43When a preparation time order must be made
- 44When a preparation time order may be made
- 45Calculation of a preparation time order
- 46Restriction on making costs or expenses orders and preparation time orders
- 47Costs, expenses or preparation time orders when a deposit has been taken
- WASTED COSTS ORDERS AGAINST REPRESENTATIVES
- 48Personal liability of representatives for costs
- POWERS IN RELATION TO SPECIFIC TYPES OF PROCEEDINGS
- 49Sexual offences and the Register
- 50Restricted reporting orders
- 51Proceedings involving the National Insurance Fund
- 52Collective agreements
- 53Employment Agencies Act 1973
- 54National security proceedings
- 55Dismissals in connection with industrial action
- 56Devolution issues
- 57Transfer of proceedings between Scotland and England & Wales
- 58References to the European Court of Justice
- 59Transfer of proceedings from a court
- GENERAL PROVISIONS
- 60Powers
- 61Notices, etc
- Schedule 2: THE EMPLOYMENT TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE
- 1Application of Schedule 2
- 2Notification of national security proceedings
- 3Responding to a claim
- 4Serving of documents by the Secretary
- 5Default judgment
- 6Witness orders and disclosure of documents
- 7Case management discussions and pre-hearing reviews
- 8Special advocate
- 9Hearings
- 10Reasons in national security proceedings
- 11Correction of written reasons
- 12Review of judgments or decisions
- Schedule 3: THE EMPLOYMENT TRIBUNALS (LEVY APPEALS) RULES OF PROCEDURE
- For use only in proceedings on levy appeals
- 1Application of Schedule 1
- 2Definitions
- 3Notice of Appeal
- 4Action on receipt of appeal
- 5Requests for further information
- 6Withdrawal of appeal or assessment
- 7Entry of appeal
- 8Order for further information
- 9Provisions of Schedule 1 which do not apply to levy appeals
- 10Modification of Schedule 1
- Schedule 4: THE EMPLOYMENT TRIBUNALS (HEALTH AND SAFETY – APPEALS AGAINST IMPROVEMENT AND PROHIBITION NOTICES) RULES OF PROCEDURE
- 1Application of Schedule 1
- 2Definitions
- 3Notice of appeal
- 4Time limit for bringing appeal
- 5Action on receipt of appeal
- 6Application for a direction suspending the operation of a prohibition notice
- 7General power to manage proceedings
- 8Appointment of an assessor
- 9Right to withdraw proceedings
- 10Costs and expenses
- 11Provisions of Schedule 1 which do not apply to appeals against improvement notices or prohibition notices
- 12Modification of Schedule 1
- Schedule 5: THE EMPLOYMENT TRIBUNALS (NON-DISCRIMINATION NOTICES APPEALS) RULES OF PROCEDURE
- 1Application of Schedule 1
- 2Definitions
- 3Notice of Appeal
- 4Action on receipt of appeal
- 5Provisions of Schedule 1 which do not apply to appeals against non-discrimination notices
- 6Modification of Schedule 1
- Explanatory note