Tribunals, Courts and Enforcement Act 2007

Employment Tribunals Act 1996 (c. 17)

41 (1) Section 7A (practice directions) is amended as follows.

(2) Before subsection (1) insert—

“(A1) The Senior President of Tribunals may make directions about the procedure of employment tribunals.”

(3) In subsection (1)—

(a) in paragraph (a), before “President” insert “territorial”, and

(b) in paragraphs (b) and (c), for “such directions” substitute “directions under subsection (A1) or paragraph (a)”.

(4) In subsection (2), for “by the President” substitute “under subsection (A1) or (1)(a)”.

(5) After subsection (2) insert—

“(2A) The power under subsection (A1) includes—

(a) power to vary or revoke directions made in exercise of the power, and

(b) power to make different provision for different purposes (including different provision for different areas).

(2B) Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C) Directions under subsection (1)(a) may not be made without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(2D) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of decisions by members of an employment tribunal.

(2E) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.”

(6) In subsection (3), after “references to the” insert “territorial”.