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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

S.I. 2013/1237 · Made 28 May 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

Employment Tribunals

Made 28th May 2013

Laid before Parliament 31st May 2013

Coming into force

for the purpose of regulations 1, 3 and 11 1st July 2013

for all other purposes 29th July 2013

The Secretary of State, in exercise of the powers conferred by section 24(2) of the Health and Safety at Work etc. Act 1974 M1, sections 1(1), 4(6) and (6A), 7(1), (3), (3ZA), (3A), (3AA), (3AB), (3B), (3C) and (5), 7A(1) and (2), 7B(1) and (2), 9(1) and (2), 10(2), (5), (6) and (7), 10A(1), 11(1), 12(2), 13, 13A, 19, and 41(4) of the Employment Tribunals Act 1996 M2, paragraph 37 of Schedule 6 to the Scotland Act 1998 M3, and paragraph 32 of Schedule 9 to the Government of Wales Act 2006 M4, makes the following Regulations.

The Secretary of State has consulted with the Administrative Justice and Tribunals Council, and that Council has consulted with the Scottish Committee and the Welsh Committee, in accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 M5.

Annotations to the whole text

Marginal citations

M1

1974 c. 37.

M2

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 the Employment Rights (Dispute Resolution) Act 1998, Schedule 1, paragraph 12(4), and by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 8, paragraphs 35 and 37. Section 4(6A) was inserted by the Employment Rights (Dispute Resolution) Act 1998, section 3(6), and amended by the Tribunals, Courts and Enforcement Act 2007, Schedule 8, paragraphs 35 and 37. Section 7(3)(f)(i) was repealed by the Employment Rights (Dispute Resolution) Act 1998, Schedule 1, paragraph 14(2); section 7(3)(ia) was inserted by the Employment Act 2002 (c. 22), section 24(1); and section 7(3)(h) was amended by the Equality Act 2010 (c. 15), Schedule 26, paragraphs 27 and 29. Section 7(3ZA) was inserted by the Employment Act 2002, section 25. Section 7(3A) to (3C) was inserted by the Employment Rights (Dispute Resolution) Act 1999, section 2, and section 7(3A) was then substituted by the Employment Act 2002, section 26. Section 7(3AA) and (3AB) was inserted by the Employment Act 2008 (c. 24), section 4. Section 7A was inserted by the Employment Act 2002, section 27, and section 7A(1) was amended by the Tribunals Courts and Enforcement Act 2007, Schedule 8, paragraphs 35 and 41. Section 7B was inserted by the Tribunals, Courts and Enforcement Act 2007, Schedule 8, paragraphs 35 and 42. Sections 10 and 10A were substituted by the Employment Relations Act 1999 (c. 26), Schedule 8, paragraph 3, and section 10(6) was then substituted by the Employment Relations Act 2004 (c. 24), section 36. Section 12 was amended by the Equality Act 2010, Schedule 26, paragraphs 27 and 30. Section 13 was amended by the Employment Act 2002, section 22(1). Section 13(2) was amended by the Employment Relations Act 1999, section 44, Schedule 4, paragraph 4 of Part III, and Schedule 9. Section 13A was inserted by the Employment Act 2002, section 22(2). Section 19(1) was renumbered as such by the Employment Act 2002, section 24(4), and was amended by sections 24(3), 53 and 54 of, and Schedule 7, paragraph 23(1) and (3), and Schedule 8 to, that Act.

M3

1998 c. 46.

M4

2006 c. 32.

M5

2007 c. 15.

Contents

  1. 1Citation and commencement
  2. 2Revocation
  3. 3Interpretation
  4. 4Establishment of employment tribunals
  5. 5President of Employment Tribunals
  6. 6Regional Employment Judges and the Vice President
  7. 7Responsibilities of the Presidents, Regional Employment Judges and Vice President
  8. 8Panels of members for tribunals
  9. 9Composition of tribunals Repealed
  10. 10National security proceedings – panel of members and composition of tribunals
  11. 10ALegal officers Repealed
  12. 10BResponsibilities of legal officers Repealed
  13. 11Practice directions Repealed
  14. 12Power to prescribe Repealed
  15. 13Application of Schedules 1 to 3 Repealed
  16. 14Register and proof of judgments
  17. 14AAppeals against notices given under the Health and Safety at Work etc. Act 1974
  18. 14BAppeals against notices given under the Energy Act 2013
  19. 15Transitional provisions
  20. Signature
  21. Schedule 1: THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE Repealed
  22. Part: INTRODUCTORY AND GENERAL Repealed
  23. 1Interpretation Repealed
  24. 2Overriding objective Repealed
  25. 3Alternative dispute resolution Repealed
  26. 4Time Repealed
  27. 5Extending or shortening time Repealed
  28. 6Irregularities and non-compliance Repealed
  29. 7Presidential Guidance Repealed
  30. Part: STARTING A CLAIM Repealed
  31. 8Presenting the claim Repealed
  32. 9Multiple claimants Repealed
  33. 10Rejection: form not used or failure to supply minimum information Repealed
  34. 11Rejection: absence of Tribunal fee or remission application Repealed
  35. 12Rejection: substantive defects Repealed
  36. 13Reconsideration of rejection Repealed
  37. 14Protected disclosure claims: notification to a regulator Repealed
  38. Part: THE RESPONSE TO THE CLAIM Repealed
  39. 15Sending claim form to respondents Repealed
  40. 16Response Repealed
  41. 17Rejection: form not used or failure to supply minimum information Repealed
  42. 18Rejection: form presented late Repealed
  43. 19Reconsideration of rejection Repealed
  44. 20Applications for extension of time for presenting response Repealed
  45. 21Effect of non-presentation or rejection of response, or case not contested Repealed
  46. 22Notification of acceptance Repealed
  47. Part: EMPLOYER'S CONTRACT CLAIM Repealed
  48. 23Making an employer's contract claim Repealed
  49. 24Notification of employer's contract claim Repealed
  50. 25Responding to an employer's contract claim Repealed
  51. Part: INITIAL CONSIDERATION OF CLAIM FORM AND RESPONSE Repealed
  52. 26Initial consideration Repealed
  53. 27Dismissal of claim (or part) Repealed
  54. 28Dismissal of response (or part) Repealed
  55. Part: CASE MANAGEMENT ORDERS AND OTHER POWERS Repealed
  56. 29Case management orders Repealed
  57. 30Applications for case management orders Repealed
  58. 30APostponements Repealed
  59. 31Disclosure of documents and information Repealed
  60. 32Requirement to attend to give evidence Repealed
  61. 33Evidence from other EU Member States Repealed
  62. 34Addition, substitution and removal of parties Repealed
  63. 35Other persons Repealed
  64. 36Lead cases Repealed
  65. 37Striking out Repealed
  66. 38Unless orders Repealed
  67. 39Deposit orders Repealed
  68. 40Non-payment of fees Repealed
  69. Part: RULES COMMON TO ALL KINDS OF HEARING Repealed
  70. 41General Repealed
  71. 42Written representations Repealed
  72. 43Witnesses Repealed
  73. 44Inspection of witness statements Repealed
  74. 45Timetabling Repealed
  75. 46Hearings by electronic communication Repealed
  76. 47Non-attendance Repealed
  77. 48Conversion from preliminary hearing to final hearing and vice versa Repealed
  78. 49Majority decisions Repealed
  79. 50Privacy and restrictions on disclosure Repealed
  80. Part: WITHDRAWAL Repealed
  81. 51End of claim Repealed
  82. 52Dismissal following withdrawal Repealed
  83. Part: PRELIMINARY HEARINGS Repealed
  84. 53Scope of preliminary hearings Repealed
  85. 54Fixing of preliminary hearings Repealed
  86. 55Constitution of tribunal for preliminary hearings Repealed
  87. 56When preliminary hearings shall be in public Repealed
  88. Part: FINAL HEARING Repealed
  89. 57Scope of final hearing Repealed
  90. 58Notice of final hearing Repealed
  91. 59When final hearing shall be in public Repealed
  92. Part: DECISIONS AND REASONS Repealed
  93. 60Decisions made without a hearing Repealed
  94. 61Decisions made at or following a hearing Repealed
  95. 62Reasons Repealed
  96. 63Absence of Presiding Member Repealed
  97. 64Consent orders and judgments Repealed
  98. 65When a judgment or order takes effect Repealed
  99. 66Time for compliance Repealed
  100. 67The Register Repealed
  101. 68Copies of judgment for referring court Repealed
  102. 69Correction of clerical mistakes and accidental slips Repealed
  103. Part: RECONSIDERATION OF JUDGMENTS Repealed
  104. 70Principles Repealed
  105. 71Application Repealed
  106. 72Process Repealed
  107. 73Reconsideration by the Tribunal on its own initiative Repealed
  108. Part: COSTS ORDERS, PREPARATION TIME ORDERS AND WASTED COSTS ORDERS Repealed
  109. 74Definitions Repealed
  110. 75Costs orders and preparation time orders Repealed
  111. 76When a costs order or a preparation time order may or shall be made Repealed
  112. 77Procedure Repealed
  113. 78The amount of a costs order Repealed
  114. 79The amount of a preparation time order Repealed
  115. 80When a wasted costs order may be made Repealed
  116. 81Effect of a wasted costs order Repealed
  117. 82Procedure Repealed
  118. 83Allowances Repealed
  119. 84Ability to pay Repealed
  120. Part: DELIVERY OF DOCUMENTS Repealed
  121. 85Delivery to the Tribunal Repealed
  122. 86Delivery to parties Repealed
  123. 87Delivery to non-parties Repealed
  124. 88Special cases Repealed
  125. 89Substituted service Repealed
  126. 90Date of delivery Repealed
  127. 91Irregular service Repealed
  128. 92Correspondence with the Tribunal: copying to other parties Repealed
  129. 92ADigital case management Repealed
  130. Part: MISCELLANEOUS Repealed
  131. 93ACAS Repealed
  132. 94National security proceedings Repealed
  133. 95Interim relief proceedings Repealed
  134. 96Proceedings involving the National Insurance Fund Repealed
  135. 97Collective agreements Repealed
  136. 98Devolution issues Repealed
  137. 99Transfer of proceedings between Scotland and England & Wales Repealed
  138. 100References to the Court of Justice of the European Union Repealed
  139. 101Transfer of proceedings from a court Repealed
  140. 102Vexatious litigants Repealed
  141. 103Information to the Commission for Equality and Human Rights Repealed
  142. 104Application of this Schedule to levy appeals Repealed
  143. 105Application of this Schedule to appeals against improvement and prohibition notices Repealed
  144. 105AApplication of this Schedule to appeals against notices given under the Energy Act 2013 Repealed
  145. 106Application of this Schedule to appeals against unlawful act notices Repealed
  146. Schedule 2: THE EMPLOYMENT TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE
  147. 1Application of Schedule 2 Repealed
  148. 2Serving of documents Repealed
  149. 3Witness orders and disclosure of documents Repealed
  150. 4Special advocate Repealed
  151. 5Hearings Repealed
  152. 6Reasons in national security proceedings Repealed
  153. Schedule 3: THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE
  154. 1Application of Schedule 3 Repealed
  155. 2General power to manage proceedings Repealed
  156. 3Conduct of stage 1 equal value hearing Repealed
  157. 4Standard orders for stage 1 equal value hearing Repealed
  158. 5Involvement of independent expert in fact finding Repealed
  159. 6Conduct of stage 2 equal value hearing Repealed
  160. 7Standard orders for stage 2 equal value hearing Repealed
  161. 8Final hearing Repealed
  162. 9Duties and powers of the independent expert Repealed
  163. 10Use of expert evidence Repealed
  164. 11Written questions to experts (including independent experts) Repealed
  165. 12Procedural matters Repealed
  166. 13National security proceedings Repealed
  167. Explanatory note