Paragraph 44.6 Transfer to Employment TribunalF1F2
On transferring proceedings to an employment tribunal under section 140(2) of the 2010 Act, the sheriff —
shall state his or her reasons for doing so in the interlocutor; and
may make the order on such conditions as to expenses or otherwise as he or she thinks fit.
The sheriff clerk must, within 7 days from the date of such order—
transmit the process to the Secretary of the Employment Tribunals (Scotland);
notify each party to the proceedings in writing of the transmission under subparagraph (a); and
certify, by making an appropriate entry on the interlocutor sheet, that he or she has made all notifications required under subparagraph (b).
Transmission of the process under paragraph (2)(a) will be valid notwithstanding any failure by the sheriff clerk to comply with paragraph (2)(b) and (c).
Annotations
Textual amendments
- F1
Sch. 1 Ch. 44 inserted (3.11.2006) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006 (S.S.I. 2006/509), art. 2(3)
- F2
Sch. 1 rules 44.5-44.7 substituted for Sch. 1 rule 44.5 (1.10.2010) by Act of Sederunt (Sheriff Court Rules) (Equality Act 2010) 2010 (S.S.I. 2010/340), paras. 1(2), 2(3) (with para. 6)
Notes on Schedule First
Textual amendments
- F1
Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Modifications
- C1
Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
- C2
Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
- C3
Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5
Notes on Chapter 44
Textual amendments
- F2
Sch. 1 Ch. 44 heading substituted (1.10.2010) by Act of Sederunt (Sheriff Court Rules) (Equality Act 2010) 2010 (S.S.I. 2010/340), paras. 1(2), 2(4) (with para. 6)