Employment Tribunals Act 1996
1996 c. 17 · Enacted 22 May 1996 · Extends to England, Wales and Scotland
An Act to consolidate enactments relating to F2employment tribunals and the Employment Appeal Tribunal.
[22nd May 1996]
C1C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C4C5
Annotations to the whole text
Textual amendments
- F1
The Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996 (1.8.1998) by virtue of 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
- F2
Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1
Modifications
- C1
Act excluded (2.3.1998) by S.I. 1998/218, art. 6
Act excluded (1.9.1999) by S.I. 1999/2256, art. 6(1)
- C2
Act excluded (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 6(1)
Act excluded (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 6(1)
- C3
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by S.I. 2010/1906, reg. 2)
- C4
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2
- C5
Act modified (30.7.2020) by The Posted Workers (Agency Workers) Regulations 2020 (S.I. 2020/384), regs. 1(1), 4 (with reg. 5)
Contents
- Part I: Employment Tribunals
- Introductory
- 1Employment tribunals
- Jurisdiction
- 2Enactments conferring jurisdiction on employment tribunals.
- 3Power to confer further jurisdiction on employment tribunals.
- Membership etc.
- 3AMeaning of “Employment Judge”
- 4Composition of tribunals.
- 5Remuneration, fees and allowances.
- 5ATraining etc.
- 5BMembers of employment tribunals: removal from office
- 5COaths
- 5DJudicial assistance
- Procedure
- 6Conduct of hearings.
- 7Practice and procedure: general
- 7APractice directions
- 7BMediation
- 8Procedure in contract cases.
- 9Preliminary hearings.
- 10National security.
- 10AConfidential information. Repealed
- 10BRestriction of publicity in cases involving national security.
- 11Restriction of publicity in cases involving sexual misconduct.
- 12Restriction of publicity in disability cases.
- Financial penalties
- 12AFinancial penalties
- Costs etc, interest and enforcement
- 13Costs and expenses.
- 13APayments in respect of preparation time
- 14Interest.
- 15Enforcement.
- Recoupment of social security benefits
- 16Power to provide for recoupment of benefits.
- 17Recoupment: further provisions.
- Conciliation
- 18Conciliation : relevant proceedings etc..
- 18ARequirement to contact ACAS before instituting proceedings
- 18BConciliation before institution of proceedings: other ACAS duties
- 18CConciliation after institution of proceedings
- 19Conciliation procedure.
- 19AConciliation: recovery of sums payable under settlements
- Part II: The Employment Appeal Tribunal
- Introductory
- 20The Appeal Tribunal.
- Jurisdiction
- 21Jurisdiction of Appeal Tribunal.
- Membership etc.
- 22Membership of Appeal Tribunal.
- 23Temporary membership.
- 24Temporary additional judicial membership.
- 24ATraining etc. of members of Appeal Tribunal
- 24BOaths
- 25Tenure of appointed members.
- 26Staff. Repealed
- 27Remuneration, pensions and allowances.
- 28Composition of Appeal Tribunal.
- Procedure
- 29Conduct of hearings.
- 29APractice directions
- 30Appeal Tribunal procedure rules.
- 31Restriction of publicity in cases involving sexual misconduct.
- 32Restriction of publicity in disability cases.
- 33Restriction of vexatious proceedings.
- 34Costs and expenses
- Decisions and further appeals
- 35Powers of Appeal Tribunal.
- 36Enforcement of decisions etc.
- 37Appeals from Appeal Tribunal.
- 37ZAAppeals to Supreme Court: grant of certificate by Appeal Tribunal
- 37ZBAppeals to Supreme Court: permission to appeal
- 37ZCAppeals to Supreme Court: exclusions
- Part 2A: Financial penalties for failure to pay sums ordered to be paid or settlement sums
- 37ASums to which financial penalty can relate
- 37BFinancial award: unpaid amount
- 37CSettlement sum: unpaid amount
- 37DUnpaid amount of relevant sum: further provision
- 37EWarning notice
- 37FPenalty notice
- 37GAppeal against penalty notice
- 37HInterest and recovery
- 37IWithdrawal of warning notice
- 37JWithdrawal of penalty notice
- 37KReplacement penalty notice
- 37LEffect of replacement penalty notice
- 37MEnforcement officers Repealed
- 37NPower to amend Part 2A
- 37OModification in particular cases
- 37PGiving of notices
- 37QFinancial penalties for non-payment: interpretation
- Part III: General and Supplementary
- Procedure Rules
- 37QAProcedure Rules
- 37QBPower to amend legislation in connection with Procedure Rules
- Crown employment and Parliamentary staff
- 38Crown employment.
- 39Parliamentary staff.
- General
- 40Power to amend Act.
- 41Orders, regulations and rules.
- 42Interpretation.
- Final provisions
- 43Consequential amendments.
- 44Transitionals, savings and transitory provisions.
- 45Repeals and revocations.
- 46Commencement.
- 47Extent.
- 48Short title.
- Schedule A1: Procedure Rules
- Part 1: Objectives
- 1Paragraph 1
- Part 2: Content of Procedure Rules
- 2Delegation of functions to staff
- 3Time limits
- 4Determining where to start proceedings
- 5Repeat applications
- 6Tribunal acting of its own initiative
- 7Hearings
- 8Proceedings without notice
- 9Representation
- 10Intervention by Secretary of State
- 11Evidence, witnesses and attendance
- 12Use of information
- 13Set-off
- 14Reconsideration or review of decisions
- 15Correction of errors and setting aside of decisions on procedural grounds
- 16Registration and proof of decisions
- 17Ancillary powers
- 18Rules may refer to practice directions
- 19Presumptions
- 20Differential provision
- Part 3: Supplementary provision
- 21Procedure for making Procedure Rules
- 22Interpretation
- Schedule 1: Consequential amendments
- The Transport Act 1968 (c.73)
- 1Paragraph 1
- The Transport Holding Company Act 1972 (c.14)
- 2Paragraph 2
- The Sex Discrimination Act 1975 (c.65)
- 3Paragraph 3 Repealed
- The Race Relations Act 1976 (c.74)
- 4Paragraph 4
- The Aircraft and Shipbuilding Industries Act 1977 (c.3)
- 5Paragraph 5
- The Judicial Pensions Act 1981 (c.20)
- 6Paragraph 6
- The Social Security Administration Act 1992 (c.5)
- 7Paragraph 7
- The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
- 8Paragraph 8
- The Tribunals and Inquiries Act 1992 (c.53)
- 9Paragraph 9
- The Judicial Pensions and Retirement Act 1993 (c.8)
- 10Paragraph 10
- The Pension Schemes Act 1993 (c.48)
- 11Paragraph 11
- The Disability Discrimination Act 1995 (c.50)
- 12Paragraph 12
- Schedule 2: Transitional provisions, savings and transitory provisions
- Part I: Transitional provisions and savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part II: Transitory provisions
- Disability discrimination
- 7Paragraph 7 Repealed
- Jobseeker’s allowance
- 8Paragraph 8
- Armed forces
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3: Repeals and revocations
- IRepeals
- IIRevocations
- TABLE OF DERIVATIONS
- 1Notes:
- 2Paragraph 2