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Employment Tribunals Act 1996

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7[F1Employment tribunal] procedure regulations.E+W+S

(1)The Secretary of State may by regulations (“ [F1employment tribunal] procedure regulations") make such provision as appears to him to be necessary or expedient with respect to proceedings before [F1employment tribunals].

(2)Proceedings before [F1employment tribunals] shall be instituted in accordance with [F1employment tribunal] procedure regulations.

(3)[F1Employment tribunal] procedure regulations may, in particular, include provision—

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

(b)for enabling an [F1employment 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 [F1employment 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 [F1employment 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 [F2 the 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 [F1employment tribunal], including provision—

F3(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(ia)for postponing fixing a time and place for a hearing, or postponing a time fixed for a hearing, 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the regulations for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, and]

(ii)for enabling an [F1employment 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 [F1employment tribunal], where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,

(h)for authorising an [F1employment tribunal] to require persons to furnish information and produce documents to a person required for the purposes of section [F5131(2) of the Equality Act 2010] to prepare a report, and

(j)for the registration and proof of decisions, orders and awards of [F1employment tribunals].

[F6(3ZA)Employment tribunal procedure regulations may—

(a)authorise the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of instituting, or entering an appearance to, proceedings before employment tribunals,

(b)authorise the Secretary of State to prescribe requirements in relation to documents to be supplied with any such form [F7 (including certificates issued under section 18A(4))] , and

(c)make provision about the publication of anything prescribed under authority conferred by virtue of this subsection.]

[F8(3ZB)Provision in employment tribunal procedure regulations about postponement of hearings may include provision for limiting the number of relevant postponements available to a party to proceedings.

(3ZC)For the purposes of subsection (3ZB)—

(a)relevant postponement”, in relation to a party to proceedings, means the postponement of a hearing granted on the application of that party in—

(i)the proceedings, or

(ii)any other proceedings identified in accordance with the regulations,

except in circumstances determined in accordance with the regulations, and

(b)postponement” includes adjournment.]

[F9[F10(3A)Employment tribunal procedure regulations may authorise the determination of proceedings without any hearing in such circumstances as the regulations may prescribe.]]

[F11(3AA)Employment tribunal procedure regulations under subsection (3A) may only authorise the determination of proceedings without any hearing in circumstances where—

(a)all the parties to the proceedings consent in writing to the determination without a hearing, or

(b)the person (or, where more than one, each of the persons) against whom the proceedings are brought—

(i)has presented no response in the proceedings, or

(ii)does not contest the case.

(3AB)For the purposes of subsection (3AA)(b), a person does not present a response in the proceedings if he presents a response but, in accordance with provision made by the regulations, it is not accepted.]

F9(3B)Employment tribunal procedure regulations may authorise the determination of proceedings without hearing anyone other than the person or persons by whom the proceedings are brought (or his or their representatives) where—

(a)the person (or, where more than one, each of the persons) against whom the proceedings are brought has done nothing to contest the case, or

(b)it appears from the application made by the person (or, where more than one, each of the persons) bringing the proceedings that he is not (or they are not) seeking any relief which an employment tribunal has power to give or that he is not (or they are not) entitled to any such relief.

F9(3C)Employment tribunal procedure regulations may authorise the determination of proceedings without hearing anyone other than the person or persons by whom, and the person or persons against whom, the proceedings are brought (or his or their representatives) where—

(a)an employment tribunal is on undisputed facts bound by the decision of a court in another case to dismiss the case of the person or persons by whom, or of the person or persons against whom, the proceedings are brought, or

(b)the proceedings relate only to a preliminary issue which may be heard and determined in accordance with regulations under section 9(4).

(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), [F12or

F12(c)any requirement imposed by virtue of employment tribunal procedure regulations to give written answers for the purpose of facilitating the determination of proceedings as mentioned in subsection (3A), (3B) or (3C),]

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), [F1employment tribunals] procedure regulations may include provision authorising or requiring an [F1employment 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 [F1employment tribunal] procedure regulations an [F1employment tribunal] determines in the same proceedings—

(a)a complaint presented under section 111 of the M1Employment 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.

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Amendments (Textual)

F1Words in s. 7 and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2Words in s. 7(3)(e)(i) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3S. 7(3)(f)(i) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 14(1)(2), Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

F4S. 7(3)(f)(ia) inserted (9.7.2004) by 2002 c. 22, ss. 24(1), 55(2); S.I. 2004/1717, art. 2(1)

F5Words in s. 7(3)(h) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 29 (as inserted) (1.10.2010) by TS.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2)

F6S. 7(3ZA) inserted (9.7.2004) by 2002 c. 22, ss. 25, 55(2); S.I. 2004/1717, art. 2(1)

F9S. 7(3A)-(3C) inserted (1.8.1998) by 1998 c. 8, s. 2; S.I. 1998/1658, art. 2(1), Sch. 1

F10S. 7(3A) substituted (9.7.2004) by 2002 c. 22, ss. 26, 55(2); S.I. 2004/1717, art. 2(1)

F11S. 7(3AA)(3AB) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 4, 22(1)(a); S.I. 2008/3232, art. 2 (with art. 3, Sch.)

F12S. 7(4)(c) and word “or" immediately preceding inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 14(1)(3); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1S. 7 extended (24.4.2000) by 1992 c. 52, s. 239(4)(b) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

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