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Industrial Tribunals Act 1996

Status:

This is the original version (as it was originally enacted).

PART IIndustrial Tribunals

Introductory

1Industrial tribunals

(1)The Secretary of State may by regulations make provision for the establishment of tribunals to be known as industrial tribunals.

(2)Regulations made wholly or partly under section 128(1) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 and in force immediately before this Act comes into force shall, so far as made under that provision, continue to have effect (until revoked) as if made under subsection (1); and the tribunals established in pursuance of such regulations shall continue to be known as industrial tribunals.

Jurisdiction

2Enactments conferring jurisdiction on industrial tribunals

Industrial tribunals shall exercise the jurisdiction conferred on them by or by virtue of this Act or any other Act, whether passed before or after this Act.

3Power to confer further jurisdiction on industrial tribunals

(1)The appropriate Minister may by order provide that proceedings in respect of—

(a)any claim to which this section applies, or

(b)any claim to which this section applies and which is of a description specified in the order,

may, subject to such exceptions (if any) as may be so specified, be brought before an industrial tribunal.

(2)Subject to subsection (3), this section applies to—

(a)a claim for damages for breach of a contract of employment or other contract connected with employment,

(b)a claim for a sum due under such a contract, and

(c)a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,

if the claim is such that a court in England and Wales or Scotland would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.

(3)This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries.

(4)Any jurisdiction conferred on an industrial tribunal by virtue of this section in respect of any claim is exercisable concurrently with any court in England and Wales or in Scotland which has jurisdiction to hear and determine an action in respect of the claim.

(5)In this section—

  • “appropriate Minister”, as respects a claim in respect of which an action could be heard and determined by a court in England and Wales, means the Lord Chancellor and, as respects a claim in respect of which an action could be heard and determined by a court in Scotland, means the Lord Advocate, and

  • “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(6)In this section a reference to breach of a contract includes a reference to breach of—

(a)a term implied in a contract by or under any enactment or otherwise,

(b)a term of a contract as modified by or under any enactment or otherwise, and

(c)a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

Membership etc.

4Composition of a tribunal

(1)Subject to the following provisions of this section, proceedings before an industrial tribunal shall be heard by—

(a)the person who, in accordance with regulations made under section 1(1), is the chairman, and

(b)two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.

(2)Subject to subsection (5), the proceedings specified in subsection (3) shall be heard by the person mentioned in subsection (1)(a) alone.

(3)The proceedings referred to in subsection (2) are—

(a)proceedings on an application under section 161, 165 or 166 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,

(b)proceedings on a complaint under section 126 of the [1993 c. 48.] Pension Schemes Act 1993,

(c)proceedings on a complaint under section 23 or 188 of the [1996 c. 18.] Employment Rights Act 1996 or on an application under section 128, 131 or 132 of that Act,

(d)proceedings in respect of which an industrial tribunal has jurisdiction by virtue of section 3 of this Act,

(e)proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2) (whether or not they have subsequently withdrawn it),

(f)proceedings in which the person bringing the proceedings has given written notice withdrawing the case, and

(g)proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

(4)The Secretary of State may by order amend the provisions of subsection (3).

(5)Proceedings specified in subsection (3) shall be heard in accordance with subsection (1) if a person who, in accordance with regulations made under section 1(1), may be the chairman of an industrial tribunal, having regard to—

(a)whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (1),

(b)whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2),

(c)any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and

(d)whether there are other proceedings which might be heard concurrently but which are not proceedings specified in subsection (3),

decides at any stage of the proceedings that the proceedings are to be heard in accordance with subsection (1).

(6)Where (in accordance with the following provisions of this Part) the Secretary of State makes industrial tribunal procedure regulations, the regulations may provide that, in such circumstances as the regulations may specify, any act required or authorised by the regulations to be done by an industrial tribunal may be done by the person mentioned in subsection (1)(a) alone.

(7)Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security—

(a)the proceedings shall be heard and determined, and

(b)any act required or authorised by industrial tribunal procedure regulations to be done by an industrial tribunal in relation to the proceedings shall be done,

by the President of the Industrial Tribunals (England and Wales) appointed in accordance with regulations made under section 1(1), or by the President of the Industrial Tribunals (Scotland) so appointed, alone.

5Remuneration, fees and allowances

(1)The Secretary of State may pay to—

(a)the President of the Industrial Tribunals (England and Wales),

(b)the President of the Industrial Tribunals (Scotland), and

(c)any person who is a member on a full-time basis of a panel of chairmen of tribunals which is appointed in accordance with regulations made under section 1(1),

such remuneration as he may with the consent of the Treasury determine.

(2)The Secretary of State may pay to—

(a)members of industrial tribunals,

(b)any assessors appointed for the purposes of proceedings before industrial tribunals, and

(c)any persons required for the purposes of section 2A(l)(b) of the [1970 c. 41.] Equal Pay Act 1970 to prepare reports,

such fees and allowances as he may with the consent of the Treasury determine.

(3)The Secretary of State may pay to any other persons such allowances as he may with the consent of the Treasury determine for the purposes of, or in connection with, their attendance at industrial tribunals.

Procedure

6Conduct of hearings

(1)A person may appear before an industrial tribunal in person or be represented by—

(a)counsel or a solicitor,

(b)a representative of a trade union or an employers' association, or

(c)any other person whom he desires to represent him.

(2)The [1950 c. 27] Arbitration Act 1950 does not apply to any proceedings before an industrial tribunal.

7Industrial tribunal procedure regulations

(1)The Secretary of State may by regulations (“industrial tribunal procedure regulations”) make such provision as appears to him to be necessary or expedient with respect to proceedings before industrial tribunals.

(2)Proceedings before industrial tribunals shall be instituted in accordance with industrial tribunal procedure regulations.

(3)Industrial tribunal procedure regulations may, in particular, include provision—

(a)for determining by which tribunal any proceedings are to be determined,

(b)for enabling an industrial tribunal to hear and determine proceedings brought by virtue of section 3 concurrently with proceedings brought before the tribunal otherwise than by virtue of that section,

(c)for treating the Secretary of State (either generally or in such circumstances as may be prescribed by the regulations) as a party to any proceedings before an industrial tribunal (where he would not otherwise be a party to them) and entitling him to appear and to be heard accordingly,

(d)for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(e)for enabling an industrial tribunal, on the application of any party to the proceedings before it or of its own motion, to order—

(i)in England and Wales, such discovery or inspection of documents, or the furnishing of such further particulars, as might be ordered by a county court on application by a party to proceedings before it, or

(ii)in Scotland, such recovery or inspection of documents as might be ordered by a sheriff,

(f)for prescribing the procedure to be followed in any proceedings before an industrial tribunal, including provision—

(i)as to the persons entitled to appear and to be heard on behalf of parties to such proceedings, and

(ii)for enabling an industrial tribunal to review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with the regulations,

(g)for the appointment of one or more assessors for the purposes of any proceedings before an industrial tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,

(h)for authorising an industrial tribunal to require persons to furnish information and produce documents to a person required for the purposes of section 2A(1)(b) of the [1970 c. 41.] Equal Pay Act 1970 to prepare a report, and

(j)for the registration and proof of decisions, orders and awards of industrial tribunals.

(4)A person who without reasonable excuse fails to comply with—

(a)any requirement imposed by virtue of subsection (3)(d) or (h), or

(b)any requirement with respect to the discovery, recovery or inspection of documents imposed by virtue of subsection (3)(e),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Subject to any regulations under section 11(1)(a), industrial tribunal procedure regulations may include provision authorising or requiring an industrial tribunal, in circumstances specified in the regulations, to send notice or a copy of—

(a)any document specified in the regulations which relates to any proceedings before the tribunal, or

(b)any decision, order or award of the tribunal,

to any government department or other person or body so specified.

(6)Where in accordance with industrial tribunal procedure regulations an industrial tribunal determines in the same proceedings—

(a)a complaint presented under section 111 of the [1996 c. 18.] Employment Rights Act 1996, and

(b)a question referred under section 163 of that Act,

subsection (2) of that section has no effect for the purposes of the proceedings in so far as they relate to the complaint under section 111.

8Procedure in contract cases

(1)Where in proceedings brought by virtue of section 3 an industrial tribunal finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall order the respondent to the proceedings to pay the amount which it finds due.

(2)An order under section 3 may provide that an industrial tribunal shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which an industrial tribunal may order to be paid in relation to a claim or in relation to a contract.

(3)An order under section 3 may include provisions—

(a)as to the manner in which and time within which proceedings are to be brought by virtue of that section, and

(b)modifying any other enactment.

(4)An order under that section may make different provision in relation to proceedings in respect of different descriptions of claims.

9Pre-hearing reviews and preliminary matters

(1)Industrial tribunal procedure regulations may include provision—

(a)for authorising the carrying-out by an industrial tribunal of a preliminary consideration of any proceedings before it (a “pre-hearing review”), and

(b)for enabling such powers to be exercised in connection with a pre-hearing review as may be prescribed by the regulations.

(2)Such regulations may in particular include provision—

(a)for authorising any tribunal carrying out a pre-hearing review under the regulations to make, in circumstances specified in the regulations, an order requiring a party to the proceedings in question, if he wishes to continue to participate in those proceedings, to pay a deposit of an amount not exceeding £150, and

(b)for prescribing—

(i)the manner in which the amount of any such deposit is to be determined in any particular case,

(ii)the consequences of non-payment of any such deposit, and

(iii)the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it or be paid over to another party to the proceedings.

(3)The Secretary of State may from time to time by order substitute for the sum specified in subsection (2)(a) such other sum as is specified in the order.

(4)Industrial tribunal procedure regulations may also include provision for authorising an industrial tribunal to hear and determine any issue relating to the entitlement of any party to proceedings to bring or contest the proceedings in advance of the hearing and determination of the proceedings by that or any other industrial tribunal.

10National security etc

(1)A Minister of the Crown may on grounds of national security direct an industrial tribunal to sit in private when hearing or determining any proceedings specified in the direction.

(2)Industrial tribunal procedure regulations may enable an industrial tribunal to sit in private for the purpose of—

(a)hearing evidence which in the opinion of the tribunal relates to matters of such a nature that it would be against the interests of national security to allow the evidence to be given in public, or

(b)hearing evidence from any person which in the opinion of the tribunal is likely to consist of—

(i)information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,

(ii)information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or

(iii)information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.

(3)The reference in subsection (2)(b)(iii) to any undertaking of a person or in which he works shall be construed—

(a)in relation to a person in Crown employment, as a reference to the national interest,

(b)in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and

(c)in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons.

(4)If on a complaint under—

(a)section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992, or

(b)section 111 of the [1996 c. 18.] Employment Rights Act 1996,

it is shown that the action complained of was taken for the purpose of safeguarding national security, the industrial tribunal shall dismiss the complaint.

(5)Except where the complaint is that a dismissal is unfair by virtue of—

(a)section 99(1) to (3), 100 or 103 of the Employment Rights Act 1996, or

(b)subsection (1) of section 105 of that Act by reason of the application of subsection (2), (3) or (6) of that section,

a certificate purporting to be signed by or on behalf of a Minister of the Crown and certifying that the action specified in the certificate was taken for the purpose of safeguarding national security is for the purposes of subsection (4) of this section conclusive evidence of that fact.

(6)The reference in subsection (5) to“dismissal” shall be construed—

(a)in relation to a person in Crown employment, as a reference to the termination of Crown employment, and

(b)in relation to a person who is a relevant member of the House of Commons staff, as a reference to the termination of his employment as such.

11Restriction of publicity in cases involving sexual misconduct

(1)Industrial tribunal procedure regulations may include provision—

(a)for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

(b)for cases involving allegations of sexual misconduct, enabling an industrial tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

(2)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a)in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b)in the case of publication in any other form, the person publishing the matter, and

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)Where a person is charged with an offence under subsection (2) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(4)Where an offence under subsection (2) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5)In relation to a body corporate whose affairs are managed by its members “director”, in subsection (4), means a member of the body corporate.

(6)In this section—

  • “identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

  • “relevant programme” has the same meaning as in the [1992 c. 34.] Sexual Offences (Amendment) Act 1992,

  • “restricted reporting order” means an order—

    (a)

    made in exercise of a power conferred by regulations made by virtue of this section, and

    (b)

    prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,

  • “sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

  • “sexual offence” means any offence to which section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 applies (offences under the [1956 c. 69.] Sexual Offences Act 1956, Part I of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

  • “written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

12Restriction of publicity in disability cases

(1)This section applies to proceedings on a complaint under section 8 of the [1995 c. 50.] Disability Discrimination Act 1995 in which evidence of a personal nature is likely to be heard by the industrial tribunal hearing the complaint.

(2)Industrial tribunal procedure regulations may include provision in relation to proceedings to which this section applies for—

(a)enabling an industrial tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal, and

(b)where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.

(3)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a)in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b)in the case of publication in any other form, the person publishing the matter, and

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5)Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In relation to a body corporate whose affairs are managed by its members “director”, in subsection (5), means a member of the body corporate.

(7)In this section—

  • “evidence of a personal nature” means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported,

  • “identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

  • “promulgation” has such meaning as may be prescribed by regulations made by virtue of this section,

  • “relevant programme” means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990,

  • “restricted reporting order” means an order—

    (a)

    made in exercise of a power conferred by regulations made by virtue of this section, and

    (b)

    prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

  • “written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

13Costs and expenses

(1)Industrial tribunal procedure regulations may include provision—

(a)for the award of costs or expenses, including any allowances payable under section 5(2)(c) or (3), and

(b)for taxing or otherwise settling any such costs or expenses (and, in particular in England and Wales, for enabling such costs to be taxed in a county court).

(2)In relation to proceedings under section 111 of the [1996 c. 18.] Employment Rights Act 1996—

(a)where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint, or

(b)where the proceedings arise out of the employer’s failure to permit the employee to return to work after an absence due to pregnancy or childbirth,

industrial tribunal procedure regulations shall include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed, or which she held before her absence, or of comparable or suitable employment.

14Interest

(1)The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of industrial tribunals shall carry interest at such rate and between such times as may be prescribed by the order.

(2)Any interest due by virtue of such an order shall be recoverable as a sum payable in pursuance of the decision.

(3)The power conferred by subsection (1) includes power—

(a)to specify cases or circumstances in which interest is not payable,

(b)to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,

(c)to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,

(d)to provide that any enactment—

(i)does or does not apply in relation to interest payable by virtue of subsection (1), or

(ii)applies to it with such modifications as may be specified in the order,

(e)to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from industrial tribunals,

(f)to make such incidental or supplemental provision as the Secretary of State considers necessary.

(4)In particular, an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the [1838 c. 110.] Judgments Act 1838 as that enactment has effect from time to time.

15Enforcement

(1)Any sum payable in pursuance of a decision of an industrial tribunal in England and Wales which has been registered in accordance with industrial tribunal procedure regulations shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(2)Any order for the payment of any sum made by an industrial tribunal in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)In this section a reference to a decision or order of an industrial tribunal—

(a)does not include a decision or order which, on being reviewed, has been revoked by the tribunal, and

(b)in relation to a decision or order which on being reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

Recoupment of social security benefits

16Power to provide for recoupment of benefits

(1)This section applies to payments which are the subject of proceedings before industrial tribunals and which are—

(a)payments of wages or compensation for loss of wages,

(b)payments by employers to employees under sections 146 to 151, sections 168 to 173 or section 192 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,

(c)payments by employers to employees under—

(i)Part III, V, VI or VII,

(ii)section 93, or

(iii)Part X,

of the [1996 c. 18.] Employment Rights Act 1996, or

(d)payments by employers to employees of a nature similar to, or for a purpose corresponding to the purpose of, payments within paragraph (b) or (c),

and to payments of remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2)The Secretary of State may by regulations make with respect to payments to which this section applies provision for any or all of the purposes specified in subsection (3).

(3)The purposes referred to in subsection (2) are—

(a)enabling the Secretary of State to recover from an employer, by way of total or partial recoupment of jobseeker’s allowance or income support—

(i)a sum not exceeding the amount of the prescribed element of the monetary award, or

(ii)in the case of a protective award, the amount of the remuneration,

(b)requiring or authorising an industrial tribunal to order the payment of such a sum, by way of total or partial recoupment of either benefit, to the Secretary of State instead of to an employee, and

(c)requiring an industrial tribunal to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any jobseeker’s allowance or income support shown to the tribunal to have been paid to the employee and enabling the Secretary of State to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

(4)Regulations under this section may be framed—

(a)so as to apply to all payments to which this section applies or to one or more classes of those payments, and

(b)so as to apply to both jobseeker’s allowance and income support, or to only jobseeker’s allowance or income support.

(5)Regulations under this section may—

(a)confer powers and impose duties on industrial tribunals or adjudication officers or other persons,

(b)impose on an employer to whom a monetary award or protective award relates a duty—

(i)to furnish particulars connected with the award, and

(ii)to suspend payments in pursuance of the award during any period prescribed by the regulations,

(c)provide for an employer who pays a sum to the Secretary of State in pursuance of this section to be relieved from any liability to pay the sum to another person,

(d)confer on an employee a right of appeal to a social security appeal tribunal against any decision of an adjudication officer as to the total or partial recoupment of an income-based jobseeker’s allowance or of income support in pursuance of the regulations, and

(e)provide for the proof in proceedings before industrial tribunals (whether by certificate or in any other manner) of any amount of jobseeker’s allowance or income support paid to an employee.

(6)Regulations under this section may make different provision for different cases.

17Recoupment: further provisions

(1)Where in pursuance of any regulations under section 16 a sum has been recovered by or paid to the Secretary of State by way of total or partial recoupment of jobseeker’s allowance or income support—

(a)no sum shall be recoverable under Part III or V of the [1992 c. 5.] Social Security Administration Act 1992, and

(b)no abatement, payment or reduction shall be made by reference to the jobseeker’s allowance or income support recouped.

(2)Any amount found to have been duly recovered by or paid to the Secretary of State in pursuance of regulations under section 16 by way of total or partial recoupment of jobseeker’s allowance shall be paid into the National Insurance Fund.

(3)In section 16—

  • “monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that section, and

  • “the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that section.

(4)In section 16“income-based jobseeker’s allowance” has the same meaning as in the [1995 c. 18.] Jobseekers Act 1995.

Conciliation

18Conciliation

(1)This section applies in the case of industrial tribunal proceedings and claims which could be the subject of industrial tribunal proceedings—

(a)under—

(i)section 2(1) of the [1970 c. 41.] Equal Pay Act 1970,

(ii)section 63 of the [1975 c. 65.] Sex Discrimination Act 1975, or

(iii)section 54 of the [1976 c. 74.] Race Relations Act 1976,

(b)arising out of a contravention, or alleged contravention, of section 64, 68, 137, 138, 146, 168, 169, 170, 174, 188 or 190 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,

(c)under section 8 of the [1995 c. 50.] Disability Discrimination Act 1995,

(d)arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 or 92, or of Part V, VI, VII or X, of the [1996 c. 18.] Employment Rights Act 1996,

(e)which are proceedings in respect of which an industrial tribunal has jurisdiction by virtue of section 3 of this Act, or

(f)arising out of a contravention, or alleged contravention, of a provision specified by an order under subsection (8)(b) as a provision to which this paragraph applies.

(2)Where an application has been presented to an industrial tribunal, and a copy of it has been sent to a conciliation officer, it is the duty of the conciliation officer—

(a)if he is requested to do so by the person by whom and the person against whom the proceedings are brought, or

(b)if, in the absence of any such request, the conciliation officer considers that he could act under this subsection with a reasonable prospect of success,

to endeavour to promote a settlement of the proceedings without their being determined by an industrial tribunal.

(3)Where at any time—

(a)a person claims that action has been taken in respect of which proceedings could be brought by him before an industrial tribunal, but

(b)before any application relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the person against whom the proceedings could be instituted) to make his services available to them,

the conciliation officer shall act in accordance with subsection (2) as if an application had been presented to an industrial tribunal.

(4)Where a person who has presented a complaint to an industrial tribunal under section 111 of the [1996 c. 18.] Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer shall (for the purpose of promoting a settlement of the complaint in accordance with subsection (2)) in particular—

(a)seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b)where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

(5)Where at any time—

(a)a person claims that action has been taken in respect of which a complaint could be presented by him to an industrial tribunal under section 111 of the Employment Rights Act 1996, but

(b)before any complaint relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the employer) to make his services available to them,

the conciliation officer shall act in accordance with subsection (4) as if a complaint had been presented to an industrial tribunal under section 111.

(6)In proceeding under this section a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

(7)Anything communicated to a conciliation officer in connection with the performance of his functions under this section shall not be admissible in evidence in any proceedings before an industrial tribunal, except with the consent of the person who communicated it to that officer.

(8)The Secretary of State may by order—

(a)direct that further provisions of the Employment Rights Act 1996 be added to the list in subsection (1)(d), or

(b)specify a provision of any other Act as a provision to which subsection (1)(f) applies.

19Conciliation procedure

Industrial tribunal procedure regulations shall include in relation to industrial tribunal proceedings in the case of which any enactment makes provision for conciliation—

(a)provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer,

(b)provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, and

(c)provisions postponing the hearing of any such proceedings for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn.

Part IIThe Employment Appeal Tribunal

Introductory

20The Appeal Tribunal

(1)The Employment Appeal Tribunal (“the Appeal Tribunal”) shall continue in existence.

(2)The Appeal Tribunal shall have a central office in London but may sit at any time and in any place in Great Britain.

(3)The Appeal Tribunal shall be a superior court of record and shall have an official seal which shall be judicially noticed.

Jurisdiction

21Jurisdiction of Appeal Tribunal

(1)An appeal lies to the Appeal Tribunal on any question of law arising from any decision of, or arising in any proceedings before, an industrial tribunal under or by virtue of—

(a)[1970 c. 41] the Equal Pay Act 1970,

(b)[1975 c. 65] the Sex Discrimination Act 1975,

(c)[1976 c. 74] the Race Relations Act 1976,

(d)[1992 c. 52] the Trade Union and Labour Relations (Consolidation) Act 1992,

(e)[1995 c. 50] the Disability Discrimination Act 1995, or

(f)[1996 c. 18] the Employment Rights Act 1996.

(2)No appeal shall lie except to the Appeal Tribunal from any decision of an industrial tribunal under or by virtue of the Acts listed in subsection (1).

(3)Subsection (1) does not affect any provision contained in, or made under, any Act which provides for an appeal to lie to the Appeal Tribunal (whether from an industrial tribunal, the Certification Officer or any other person or body) otherwise than on a question to which that subsection applies.

Membership etc.

22Membership of Appeal Tribunal

(1)The Appeal Tribunal shall consist of—

(a)such number of judges as may be nominated from time to time by the Lord Chancellor from the judges (other than the Lord Chancellor) of the High Court and the Court of Appeal,

(b)at least one judge of the Court of Session nominated from time to time by the Lord President of the Court of Session, and

(c)such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State (“appointed members”).

(2)The appointed members shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations either—

(a)as representatives of employers, or

(b)as representatives of workers (within the meaning of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992).

(3)The Lord Chancellor shall, after consultation with the Lord President of the Court of Session, appoint one of the judges nominated under subsection (1) to be the President of the Appeal Tribunal.

(4)No judge shall be nominated a member of the Appeal Tribunal except with his consent.

23Temporary membership

(1)At any time when—

(a)the office of President of the Appeal Tribunal is vacant, or

(b)the person holding that office is temporarily absent or otherwise unable to act as the President of the Appeal Tribunal,

the Lord Chancellor may nominate another judge nominated under section 22(1)(a) to act temporarily in his place.

(2)At any time when a judge of the Appeal Tribunal nominated under paragraph (a) or (b) of subsection (1) of section 22 is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal—

(a)in the case of a judge nominated under paragraph (a) of that subsection, the Lord Chancellor may nominate another judge who is qualified to be nominated under that paragraph to act temporarily in his place, and

(b)in the case of a judge nominated under paragraph (b) of that subsection, the Lord President of the Court of Session may nominate another judge who is qualified to be nominated under that paragraph to act temporarily in his place.

(3)At any time when an appointed member of the Appeal Tribunal is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal, the Lord Chancellor and the Secretary of State may jointly appoint a person appearing to them to have the qualifications for appointment as an appointed member to act temporarily in his place.

(4)A person nominated or appointed to act temporarily in place of the President or any other member of the Appeal Tribunal, when so acting, has all the functions of the person in whose place he acts.

(5)No judge shall be nominated to act temporarily as a member of the Appeal Tribunal except with his consent.

24Temporary additional judicial membership

(1)At any time when it appears to the Lord Chancellor that it is expedient to do so in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal, he may appoint a qualified person to be a temporary additional judge of the Appeal Tribunal during such period or on such occasions as the Lord Chancellor thinks fit.

(2)In subsection (1)“qualified person” means a person who—

(a)is qualified for appointment as a judge of the High Court under section 10 of the [1981 c. 54.] Supreme Court Act 1981, or

(b)has held office as a judge of the High Court or the Court of Appeal.

(3)A person appointed to be a temporary additional judge of the Appeal Tribunal has all the functions of a judge nominated under section 22(1)(a).

25Tenure of appointed members

(1)Subject to subsections (2) to (4), an appointed member shall hold and vacate office in accordance with the terms of his appointment.

(2)An appointed member—

(a)may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State, and

(b)shall vacate his office on the day on which he attains the age of seventy.

(3)Subsection (2)(b) is subject to section 26(4) to (6) of the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance of office up to the age of seventy-five).

(4)If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member—

(a)has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Appeal Tribunal,

(b)has become bankrupt or made an arrangement with his creditors, or has had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract,

(c)is incapacitated by physical or mental illness, or

(d)is otherwise unable or unfit to discharge the functions of a member,

the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and when the Lord Chancellor does so, the office becomes vacant.

26Staff

The Secretary of State may appoint such officers and servants of the Appeal Tribunal as he may determine, subject to the approval of the Minister for the Civil Service as to numbers and terms and conditions of service.

27Remuneration, pensions and allowances

(1)The Secretary of State shall pay—

(a)the appointed members,

(b)any person appointed to act temporarily in the place of an appointed member, and

(c)the officers and servants of the Appeal Tribunal,

such remuneration and such travelling and other allowances as he may, with the relevant approval, determine; and for this purpose the relevant approval is that of the Treasury in the case of persons within paragraph (a) or (b) and the Minister for the Civil Service in the case of persons within paragraph (c).

(2)A person appointed to be a temporary additional judge of the Appeal Tribunal shall be paid such remuneration and allowances as the Lord Chancellor may, with the approval of the Treasury, determine.

(3)If the Secretary of State determines, with the approval of the Treasury, that this subsection applies in the case of an appointed member, the Secretary of State shall—

(a)pay such pension, allowance or gratuity to or in respect of that person on his retirement or death, or

(b)make to the member such payments towards the provision of a pension, allowance or gratuity for his retirement or death,

as the Secretary of State may, with the approval of the Treasury, determine.

(4)Where—

(a)a person ceases to be an appointed member otherwise than on his retirement or death, and

(b)it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

the Secretary of State may make to him a payment of such amount as the Secretary of State may, with the approval of the Treasury, determine.

28Composition of Appeal Tribunal

(1)The Appeal Tribunal may sit, in accordance with directions given by the President of the Appeal Tribunal, either as a single tribunal or in two or more divisions concurrently.

(2)Subject to subsections (3) to (5), proceedings before the Appeal Tribunal shall be heard by a judge and either two or four appointed members, so that in either case there is an equal number—

(a)of persons whose knowledge or experience of industrial relations is as representatives of employers, and

(b)of persons whose knowledge or experience of industrial relations is as representatives of workers.

(3)With the consent of the parties, proceedings before the Appeal Tribunal may be heard by a judge and one appointed member or by a judge and three appointed members.

(4)Proceedings on an appeal on a question arising from any decision of, or arising in any proceedings before, an industrial tribunal consisting of the person mentioned in section 4(1)(a) alone shall be heard by a judge alone unless a judge directs that the proceedings shall be heard in accordance with subsections (2) and (3).

(5)Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security, the proceedings shall be heard by the President of the Appeal Tribunal alone.

Procedure

29Conduct of hearings

(1)A person may appear before the Appeal Tribunal in person or be represented by—

(a)counsel or a solicitor,

(b)a representative of a trade union or an employers' association, or

(c)any other person whom he desires to represent him.

(2)The Appeal Tribunal has in relation to—

(a)the attendance and examination of witnesses,

(b)the production and inspection of documents, and

(c)all other matters incidental to its jurisdiction,

the same powers, rights, privileges and authority (in England and Wales) as the High Court and (in Scotland) as the Court of Session.

30Appeal Tribunal procedure rules

(1)The Lord Chancellor, after consultation with the Lord President of the Court of Session, shall make rules (“Appeal Tribunal procedure rules”) with respect to proceedings before the Appeal Tribunal.

(2)Appeal Tribunal procedure rules may, in particular, include provision—

(a)with respect to the manner in which, and the time within which, an appeal may be brought,

(b)with respect to the manner in which any application to the Appeal Tribunal may be made,

(c)for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(d)for requiring or enabling the Appeal Tribunal to sit in private in circumstances in which an industrial tribunal is required or empowered to sit in private by virtue of section 10 of this Act,

(e)for the registration and proof of any award made on an application to the Appeal Tribunal under section 67 or 176 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992, and

(f)for interlocutory matters arising on any appeal or application to the Appeal Tribunal to be dealt with otherwise than in accordance with section 28(2) to (5) of this Act.

(3)Subject to Appeal Tribunal procedure rules, the Appeal Tribunal has power to regulate its own procedure.

31Restriction of publicity in cases involving sexual misconduct

(1)Appeal Tribunal procedure rules may, as respects proceedings to which this section applies, include provision—

(a)for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

(b)for cases involving allegations of sexual misconduct, enabling the Appeal Tribunal, on the application of any party to the proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the Appeal Tribunal.

(2)This section applies to—

(a)proceedings on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, and

(b)proceedings on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.

(3)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a)in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b)in the case of publication in any other form, the person publishing the matter, and

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Where a person is charged with an offence under subsection (3) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5)Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In relation to a body corporate whose affairs are managed by its members “director”, in subsection (5), means a member of the body corporate.

(7)“Restricted reporting order” means—

(a)in subsections (1) and (3), an order—

(i)made in exercise of a power conferred by rules made by virtue of this section, and

(ii)prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

(b)in subsection (2), an order which is a restricted reporting order for the purposes of section 11.

(8)In this section—

  • “identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

  • “relevant programme” has the same meaning as in the [1992 c. 34.] Sexual Offences (Amendment) Act 1992,

  • “sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

  • “sexual offence” means any offence to which section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 applies (offences under the [1956 c. 69.] Sexual Offences Act 1956, Part I of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

  • “written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

32Restriction of publicity in disability cases

(1)This section applies to proceedings—

(a)on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, or

(b)on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.

(2)Appeal Tribunal procedure rules may, as respects proceedings to which this section applies, include provision for—

(a)enabling the Appeal Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the Appeal Tribunal, and

(b)where a restricted reporting order is made in relation to an appeal which is being dealt with by the Appeal Tribunal together with any other proceedings, enabling the Appeal Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Appeal Tribunal may direct.

(3)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a)in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b)in the case of publication in any other form, the person publishing the matter, and

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5)Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In relation to a body corporate whose affairs are managed by its members “director”, in subsection (5), means a member of the body corporate.

(7)“Restricted reporting order” means—

(a)in subsection (1), an order which is a restricted reporting order for the purposes of section 12, and

(b)in subsections (2) and (3), an order—

(i)made in exercise of a power conferred by rules made by virtue of this section, and

(ii)prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.

(8)In this section—

  • “complainant” means the person who made the complaint to which the proceedings before the Appeal Tribunal relate,

  • “identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

  • “promulgation” has such meaning as may be prescribed by rules made by virtue of this section,

  • “relevant programme” means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990, and

  • “written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

33Restriction of vexatious proceedings

(1)If, on an application made by the Attorney General or the Lord Advocate under this section, the Appeal Tribunal is satisfied that a person has habitually and persistently and without any reasonable ground—

(a)instituted vexatious proceedings, whether in an industrial tribunal or before the Appeal Tribunal, and whether against the same person or against different persons, or

(b)made vexatious applications in any proceedings, whether in an industrial tribunal or before the Appeal Tribunal,

the Appeal Tribunal may, after hearing the person or giving him an opportunity of being heard, make a restriction of proceedings order.

(2)A“restriction of proceedings order” is an order that—

(a)no proceedings shall without the leave of the Appeal Tribunal be instituted in any industrial tribunal or before the Appeal Tribunal by the person against whom the order is made,

(b)any proceedings instituted by him in any industrial tribunal or before the Appeal Tribunal before the making of the order shall not be continued by him without the leave of the Appeal Tribunal, and

(c)no application (other than one for leave under this section) is to be made by him in any proceedings in any industrial tribunal or before the Appeal Tribunal without the leave of the Appeal Tribunal.

(3)A restriction of proceedings order may provide that it is to cease to have effect at the end of a specified period, but otherwise it remains in force indefinitely.

(4)Leave for the institution or continuance of, or for the making of an application in, any proceedings in an industrial tribunal or before the Appeal Tribunal by a person who is the subject of a restriction of proceedings order shall not be given unless the Appeal Tribunal is satisfied—

(a)that the proceedings or application are not an abuse of the process of the tribunal in question, and

(b)that there are reasonable grounds for the proceedings or application.

(5)A copy of a restriction of proceedings order shall be published in the London Gazette and the Edinburgh Gazette.

34Costs and expenses

(1)Appeal Tribunal procedure rules may include provision empowering the Appeal Tribunal to order a party to any proceedings before the Appeal Tribunal to pay to any other party to the proceedings the whole or part of the costs or expenses incurred by the other party in connection with the proceedings where in the opinion of the Appeal Tribunal—

(a)the proceedings were unnecessary, improper or vexatious, or

(b)there has been unreasonable delay or other unreasonable conduct in bringing or conducting the proceedings.

(2)Except as provided by subsection (1), Appeal Tribunal procedure rules shall not enable the Appeal Tribunal to order the payment of costs or expenses by any party to proceedings before the Appeal Tribunal.

Decisions and further appeals

35Powers of Appeal Tribunal

(1)For the purpose of disposing of an appeal, the Appeal Tribunal may—

(a)exercise any of the powers of the body or officer from whom the appeal was brought, or

(b)remit the case to that body or officer.

(2)Any decision or award of the Appeal Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision or award of the body or officer from whom the appeal was brought.

36Enforcement of decisions etc

(1)Any sum payable in England and Wales in pursuance of an award of the Appeal Tribunal—

(a)made under section 67 or 176 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)registered in accordance with Appeal Tribunal procedure rules,

is, if a county court so orders, recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(2)Any order by the Appeal Tribunal for the payment in Scotland of any sum in pursuance of such an award (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)Any sum payable in pursuance of an award of the Appeal Tribunal under section 67 or 176 of the Trade Union and Labour Relations (Consolidation) Act 1992 shall be treated as if it were a sum payable in pursuance of a decision of an industrial tribunal for the purposes of section 14 of this Act.

(4)No person shall be punished for contempt of the Appeal Tribunal except by, or with the consent of, a judge.

(5)A magistrates' court shall not remit the whole or part of a fine imposed by the Appeal Tribunal unless it has the consent of a judge who is a member of the Appeal Tribunal.

37Appeals from Appeal Tribunal

(1)Subject to subsection (3), an appeal on any question of law lies from any decision or order of the Appeal Tribunal to the relevant appeal court with the leave of the Appeal Tribunal or of the relevant appeal court.

(2)In subsection (1) the“relevant appeal court” means—

(a)in the case of proceedings in England and Wales, the Court of Appeal, and

(b)in the case of proceedings in Scotland, the Court of Session.

(3)No appeal lies from a decision of the Appeal Tribunal refusing leave for the institution or continuance of, or for the making of an application in, proceedings by a person who is the subject of a restriction of proceedings order made under section 33.

(4)This section is without prejudice to section 13 of the [1960 c. 65.] Administration of Justice Act 1960 (appeal in case of contempt of court).

Part IIISupplementary

Crown employment and Parliamentary staff

38Crown employment

(1)This Act has effect in relation to Crown employment and persons in Crown employment as it has effect in relation to other employment and other employees.

(2)In this Act“Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.

(3)For the purposes of the application of this Act in relation to Crown employment in accordance with subsection (1)—

(a)references to an employee shall be construed as references to a person in Crown employment, and

(b)references to a contract of employment shall be construed as references to the terms of employment of a person in Crown employment.

(4)Subsection (1) applies to—

(a)service as a member of the naval, military or air forces of the Crown, and

(b)employment by an association established for the purposes of Part XI of the [1996 c. 14.] Reserve Forces Act 1996;

but Her Majesty may by Order in Council make any provision of this Act apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council.

39Parliamentary staff

(1)This Act has effect in relation to employment as a relevant member of the House of Lords staff or a relevant member of the House of Commons staff as it has effect in relation to other employment.

(2)Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff or a relevant member of the House of Commons staff from bringing before an industrial tribunal proceedings of any description which could be brought before such a tribunal by a person who is not a relevant member of the House of Lords staff or a relevant member of the House of Commons staff.

(3)For the purposes of the application of this Act in relation to a relevant member of the House of Commons staff—

(a)references to an employee shall be construed as references to a relevant member of the House of Commons staff, and

(b)references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff.

(4)In this Act“relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords.

(5)In this Act“relevant member of the House of Commons staff” has the same meaning as in section 195 of the [1996 c. 18.] Employment Rights Act 1996; and (subject to an Order in Council under subsection (12) of that section)—

(a)subsections (6) and (7) of that section have effect for determining who is the employer of a relevant member of the House of Commons staff for the purposes of this Act, and

(b)subsection (8) of that section applies in relation to proceedings brought by virtue of this section.

General

40Power to amend Act

(1)The Secretary of State may by order—

(a)provide that any provision of this Act to which this section applies and which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order, or

(b)provide that any provision of this Act to which this section applies shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed.

(2)This section applies to sections 3, 8, 16 and 17 and to section 18 so far as deriving from section 133 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978.

41Orders, regulations and rules

(1)Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.

(2)No recommendation shall be made to Her Majesty to make an Order in Council under section 38(4), and no order shall be made under section 3, 4(4) or 40, unless a draft of the Order in Council or order has been laid before Parliament and approved by a resolution of each House of Parliament.

(3)A statutory instrument containing—

(a)an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or

(b)regulations or rules made under this Act,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.

42Interpretation

(1)In this Act—

  • “the Appeal Tribunal” means the Employment Appeal Tribunal,

  • “Appeal Tribunal procedure rules” shall be construed in accordance with section 30(1),

  • “appointed member” shall be construed in accordance with section 22(1)(c),

  • “conciliation officer” means an officer designated by the Advisory, Conciliation and Arbitration Service under section 211 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,

  • “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing,

  • “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment,

  • “employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed,

  • “employers' association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992,

  • “employment” means employment under a contract of employment and “employed” shall be construed accordingly,

  • “industrial tribunal procedure regulations” shall be construed in accordance with section 7(1),

  • “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature,

  • “successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part, and

  • “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2)The definition of“successor” in subsection (1) has effect (subject to the necessary modifications) in relation to a case where—

(a)the person by whom an undertaking or part of an undertaking is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or

(b)the persons by whom an undertaking or part of an undertaking is owned immediately before a change (whether as partners, trustees or otherwise) include the persons by whom, or include one or more of the persons by whom, it is owned immediately after the change,

as it has effect where the previous owner and the new owner are wholly different persons.

(3)For the purposes of this Act any two employers shall be treated as associated if—

(a)one is a company of which the other (directly or indirectly) has control, or

(b)both are companies of which a third person (directly or indirectly) has control;

and“associated employer” shall be construed accordingly.

Final provisions

43Consequential amendments

Schedule 1 (consequential amendments) shall have effect.

44Transitionals, savings and transitory provisions

Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.

45Repeals and revocations

The enactments specified in Part I of Schedule 3 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified in the third column of that Schedule.

46Commencement

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

47Extent

This Act does not extend to Northern Ireland.

48Short title

This Act may be cited as the Industrial Tribunals Act 1996.

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