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

Duties and powers of the independent expert

9.—(1) When a Tribunal makes an order under rule 3(1)(b) or 5, it shall inform that independent expert of the duties and powers under this rule.

(2) The independent expert shall have a duty to the Tribunal to—

(a) assist it in furthering the overriding objective set out in rule 2 of Schedule 1;

(b) comply with the requirements of these rules and any orders made by the Tribunal;

(c) keep the Tribunal informed of any delay in complying with any order (with the exception of minor or insignificant delays in compliance);

(d) comply with any timetable imposed by the Tribunal in so far as this is reasonably practicable;

(e) when requested, inform the Tribunal of progress in the preparation of the report;

(f) prepare a report on the question based on the facts relating to the question and (subject to rule 13) send it to the Tribunal and the parties; and

(g) attend hearings.

(3) The independent expert may make an application for any order or for a hearing to be held as if he were a party to the proceedings.

(4) At any stage of the proceedings the Tribunal may, after giving the independent expert the opportunity to make representations, withdraw the requirement on the independent expert to prepare a report. If it does so, the Tribunal may itself determine the question, or it may require a different independent expert to prepare the report.

(5) When paragraph (4) applies the independent expert who is no longer required to prepare the report shall provide the Tribunal with all documentation and work in progress relating to the proceedings by a specified date. Such documentation and work in progress must be in a form which the Tribunal is able to use and may be used in relation to those proceedings by the Tribunal or by another independent expert.