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Rule 8 Amendments to the Employment Tribunal Procedure Rules 2024

Original text. Later amendments are not shown.

(1)

The Employment Tribunal Procedure Rules 2024f1 are amended as follows.

(2)

In rule 2(1) (interpretation) insert the following definitions in the appropriate places—

  • ““full reasons” has the meaning given in rule 60(7);”;”

  • ““summary reasons” has the meaning given in rule 60(7);”.

(3)

In rule 4 (alternative dispute resolution), at the end, insert “(and see rules 52(1)(e) and 53 for the Tribunal’s power to direct a preliminary hearing for those purposes).”.

(4)

In rule 5(3) (time: calculation of time limit for doing an act within a certain number of days of or from an event) after “done within” insert “or no later than”.

(5)

In rule 13(1) (rejection: substantive defects) for sub-paragraph (b) substitute—

“(b)

one which does not contain any grounds on which the claimant relies, cannot sensibly be responded to or is an abuse of process,”.

(6)

In rule 24(2) (making an employer’s contract claim: rejection) for sub-paragraph (b) substitute—

“(b)

it does not contain any grounds on which the respondent relies, cannot sensibly be responded to or is an abuse of process.”.

(7)

In rule 26 (replying to an employer's contract claim) after paragraph (2) insert—

“(2A)

But the Tribunal may order a departure from rule 22 if—

(a)

the Tribunal does not receive a reply by the end of the period specified in paragraph (1), and

(b)

it considers it in the interests of justice to do so.”.

(8)

In rule 29(1) (dismissal of response or reply), in the words before sub-paragraph (a), after “or part of it,” insert “does not contain any grounds on which the person advancing the response or reply relies or”.

(9)

In rule 30 (case management orders) after paragraph (3) insert—

“(4)

The Tribunal may direct a party to provide a draft of a case management order to the Tribunal or another party.”.

(10)

In rule 52 (scope of preliminary hearings)—

(a)

in paragraph (1)(e) after “judicial mediation” insert “, judicial assessment or dispute resolution appointment”;

(b)

after paragraph (3) insert—

“(4)

In this rule—

  • “dispute resolution appointment” means a preliminary hearing (or part of a preliminary hearing) which is not a judicial assessment and which may be held without the consent of the parties and with a view to the Tribunal, on the basis of the available material, providing the parties with an evaluation of the prospects of success of a claim, response or reply and potential remedies;

  • “judicial assessment” means a preliminary hearing (or part of a preliminary hearing) held with the consent of the parties with a view to the Tribunal, on the basis of the available material, providing the parties with an evaluation of the prospects of success of a claim, response or reply and potential remedies.”.

(11)

In rule 59 (decisions made at or following a hearing) for paragraphs (2) and (3) substitute—

“(2)

If the decision is announced at the hearing, a written record of the decision must be provided to the parties.

(3)

Paragraph (2) does not apply to decisions concerned only with the conduct of a hearing unless a party requests that a specific decision is so recorded.”.

(12)

In rule 60 (reasons)—

(a)

in paragraph (4), at the beginning, for “Where” substitute “In respect of a case management order, where”;

(b)

after paragraph (4) insert—

“(4A)

In respect of a judgment—

(a)

where reasons are given in writing under paragraph (2) or reserved to be given in writing under paragraph (3), those reasons must be full reasons;

(b)

where reasons are given orally at a hearing under paragraph (3), those reasons may be either—

(i)

summary reasons, or

(ii)

full reasons.

(4B)

Where summary reasons are given under paragraph (4A)(b)(i), the presiding member must announce that the reasons given are summary reasons and that written summary reasons will not be provided unless requested by any party—

(a)

at the hearing, or

(b)

by a written request received by the Tribunal within 14 days of the sending of the written record of the decision,

and the written record of the decision must repeat that information.

(4C)

Where written summary reasons are provided further to a request under paragraph (4B), they must state that written full reasons will not be provided unless requested by any party by a written request received by the Tribunal within 14 days of the sending of the written summary reasons.

(4D)

Where full reasons are given under paragraph (4A)(b)(ii), the presiding member must announce that written full reasons will not be provided unless requested by any party—

(a)

at the hearing, or

(b)

by a written request received by the Tribunal within 14 days of the sending of the written record of the decision,

and the written record of the decision must repeat that information.

(4E)

If the Tribunal receives a request for written summary reasons in accordance with paragraph (4B), the Tribunal may, if it considers it appropriate to do so, provide written full reasons.”;

(c)

in paragraph (5)—

(i)

after “paragraph (4)” insert “, (4C) or (4D)”;

(ii)

after “written reasons”, in the second place it occurs, insert “for a case management order or written full reasons for a judgment”;

(d)

in paragraph (6) for “decisions other than judgments” substitute “case management orders”;

(e)

for paragraph (7) substitute—

“(7)

In this rule—

  • “full reasons” are reasons which—

    1. (a)

      identify the issues which the Tribunal has determined,

    2. (b)

      state the findings of fact made in relation to those issues,

    3. (c)

      concisely identify the relevant law, and state how that law has been applied to those findings in order to decide the issues, and

    4. (d)

      where the judgment includes a financial award, identify by means of a table or otherwise, how the amount to be paid has been calculated;

  • “summary reasons” are reasons which provide a brief explanation of why the Tribunal has reached its decision in respect of each issue.”.

(13)

For rule 65 (the Register) substitute—

“The Register

65
(1)

Subject to paragraph (2) and rules 49 (privacy and restrictions on disclosure) and 93 (national security proceedings), a copy of any judgment and any written full reasons for a judgment must be entered into the Register.

(2)

Paragraph (1) does not apply to—

(a)

judgments for withdrawn claims under rule 51 (dismissal following withdrawal);

(b)

a refusal of an application for reconsideration of a judgment under rule 70(2) (process for reconsideration) where the Tribunal considers that there is no reasonable prospect of the judgment being varied or revoked on the grounds that substantially the same application for reconsideration has already been made and refused.”.

(14)

In rule 66 (copies of judgment for referring court)—

(a)

in the heading, for “judgment” substitute “decisions”;

(b)

for “any judgment” substitute “any decision”.

(15)

In rule 69 (application for reconsideration)—

(a)

in the words before paragraph (a) for “within” substitute “no later than”;

(b)

in paragraph (a)—

(i)

omit “record of the”;

(ii)

omit “or”;

(c)

for paragraph (b) substitute—

“(b)

the date that any written summary reasons were sent, if these were sent separately from the judgment, or

(c)

the date that any written full reasons were sent, if these were sent separately from the judgment.”.

Annotations

Footnotes

f1

S.I. 2024/1155.