The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

Interpretation

1.—(1) In these Rules—

“ACAS” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of the Trade Union and Labour Relations (Consolidation) Act 1992(1);

“claim” means any proceedings before an Employment Tribunal making a complaint;

“claimant” means the person bringing the claim;

“Commission for Equality and Human Rights” means the body established under section 1 of the Equality Act 2006(2);

“complaint” means anything that is referred to as a claim, complaint, reference, application or appeal in any enactment which confers jurisdiction on the Tribunal;

“Employment Appeal Tribunal” means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975(3) and continued in existence under section 135 of the Employment Protection (Consolidation) Act 1978(4) and section 20(1) of the Employment Tribunals Act;

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(5);

“employee’s contract claim” means a claim brought by an employee in accordance with articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994(6) or articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994(7);

“employer’s contract claim” means a claim brought by an employer in accordance with articles 4 and 8 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994(8) or articles 4 and 8 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994(9);

“Employment Tribunal” or “Tribunal” means an employment tribunal established in accordance with regulation 4, and in relation to any proceedings means the Tribunal responsible for the proceedings in question, whether performing administrative or judicial functions;

“Employment Tribunals Act” means the Employment Tribunals Act 1996(10);

“Equality Act” means the Equality Act 2010(11);

“full tribunal” means a Tribunal constituted in accordance with section 4(1) of the Employment Tribunals Act(12);

“Health and Safety Act” means the Health and Safety at Work etc. Act 1974(13);

“improvement notice” means a notice under section 21 of the Health and Safety Act;

“levy appeal” means an appeal against an assessment to a levy imposed under section 11 of the Industrial Training Act 1982(14);

“Minister” means Minister of the Crown;

“prescribed form” means any appropriate form prescribed by the Secretary of State in accordance with regulation 12;

“present” means deliver (by any means permitted under rule 85) to a tribunal office;

“President” means either of the two presidents appointed from time to time in accordance with regulation 5(1);

“prohibition notice” means a notice under section 22 of the Health and Safety Act(15);

“Regional Employment Judge” means a person appointed or nominated in accordance with regulation 6(1) or (2);

“Register” means the register of judgments and written reasons kept in accordance with regulation 14;

“remission application” means any application which may be made under any enactment for remission or part remission of a Tribunal fee;

“respondent” means the person or persons against whom the claim is made;

“Tribunal fee” means any fee which is payable by a party under any enactment in respect of a claim, employer’s contract claim, application or judicial mediation in an Employment Tribunal;

“tribunal office” means any office which has been established for any area in either England and Wales or Scotland and which carries out administrative functions in support of the Tribunal, and in relation to particular proceedings it is the office notified to the parties as dealing with the proceedings;

“unlawful act notice” means a notice under section 21 of the Equality Act 2006(16);

“Vice President” means a person appointed or nominated in accordance with regulation 6(3) or (4);

“writing” includes writing delivered by means of electronic communication.

(2) Any reference in the Rules to a Tribunal applies to both a full tribunal and to an Employment Judge acting alone (in accordance with section 4(2) or (6) of the Employment Tribunals Act(17)).

(3) An order or other decision of the Tribunal is either—

(a) a “case management order”, being an order or decision of any kind in relation to the conduct of proceedings, not including the determination of any issue which would be the subject of a judgment; or

(b) a “judgment”, being a decision, made at any stage of the proceedings (but not including a decision under rule 13 or 19), which finally determines—

(i) a claim, or part of a claim, as regards liability, remedy or costs (including preparation time and wasted costs); or

(ii) any issue which is capable of finally disposing of any claim, or part of a claim, even if it does not necessarily do so (for example, an issue whether a claim should be struck out or a jurisdictional issue).

(1)

1992 c. 52.

(2)

2006 c. 3.

(3)

1975 c. 71; section 87 was repealed by the Employment Protection (Consolidation) Act 1978 (c. 44), Schedule 17.

(4)

1978 c. 44; section 135 was repealed by the Employment Tribunals Act 1996 (c. 17), Schedule 3, Part I.

(5)

2000 c. 7; section 15(1) was amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.

(6)

S.I. 1994/1623; by virtue of section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) industrial tribunals were renamed employment tribunals and references to “industrial tribunal” and “industrial tribunals” in any enactment were substituted with “employment tribunal” and “employment tribunals”. By virtue of the destination table to the Employment Tribunals Act 1996, the reference in article 3(a) to “section 131(2) of the 1978 Act” should be read as section 3(2) of the Employment Tribunals Act 1996. Article 7 was amended by S.I. 2011/1133.

(7)

S.I. 1994/1624; by virtue of the destination table to the Employment Tribunals Act 1996 the reference in article 3(a) to “section 131(2) of the 1978 Act” should be read as section 3(2) of the Employment Tribunals Act 1996. Article 7 was amended by S.I. 2011/1133.

(8)

Article 8 was amended by S.I. 2011/1133.

(9)

Article 8 was amended by S.I. 2011/1133.

(10)

1996 c. 17.

(11)

2010 c. 15.

(12)

Section 4(1)(b) was substituted by the Employment Rights (Dispute Resolution) Act 1998, section 4, from a date to be appointed.

(13)

1974 c. 37.

(14)

1982 c. 10. Section 11 was amended by the Employment Act 1989 (c. 38), Schedule 4, paragraph 10; there are other amending instruments but none is relevant.

(15)

Section 22 was amended by the Consumer Protection Act 1987 (c. 43), Schedule 3, paragraph 2.

(16)

2006 c. 3; section 21 was amended by the Equality Act 2010 (c. 15), Schedule 26, paragraph 67.

(17)

Section 4(2) and (6) was amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 8, paragraphs 35 and 37.