The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

Interpretation

2.  In these Regulations and in Schedules 1, 2, 3, 4 and 5: —

“ACAS” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of TULR(C)A;

“appointing office holder” means, in England and Wales, the Lord Chancellor, and in Scotland, the Lord President;

“chairman” means the President or a member of the panel of chairmen appointed in accordance with regulation 8(3)(a), or, for the purposes of national security proceedings, a member of the panel referred to in regulation 10 selected in accordance with regulation 11(a), and in relation to particular proceedings it means the chairman to whom the proceedings have been referred by the President, Vice President or a Regional Chairman;

“compromise agreement” means an agreement to refrain from continuing proceedings where the agreement meets the conditions in section 203(3) of the Employment Rights Act;

“constructive dismissal” has the meaning set out in section 95(1)(c) of the Employment Rights Act;

“Disability Discrimination Act” means the Disability Discrimination Act 1995(1);

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(2);

“Employment Act” means the Employment Act 2002(3);

“Employment Rights Act” means the Employment Rights Act 1996(4);

“Employment Tribunals Act” means the Employment Tribunals Act 1996(5);

“Employment Tribunal Office” means any office which has been established for any area in either England & Wales or Scotland specified by the President and which carries out administrative functions in support of functions being carried out by a tribunal or chairman, and in relation to particular proceedings it is the office notified to the parties in accordance with rule 61(3) of Schedule 1;

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“Equal Pay Act” means the Equal Pay Act 1970(6);

“excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of:–

(a)

a direction of a Minister of the Crown under rule 54(1)(b) or (c) of Schedule 1, or

(b)

an order of the tribunal under rule 54(2)(a) read with 54(1)(b) or (c) of Schedule 1;

“hearing” means a case management discussion, pre-hearing review, review hearing or Hearing (as those terms are defined in Schedule 1) or a sitting of a chairman or a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawful to enable the chairman or tribunal to reach a decision on any question;

“legally represented” has the meaning set out in rule 38(5) of Schedule 1;

“Lord President” means the Lord President of the Court of Session;

“misconceived” includes having no reasonable prospect of success;

“national security proceedings” means proceedings in relation to which a direction is given under rule 54(1) of Schedule 1, or an order is made under rule 54(2) of that Schedule;

“old (England & Wales) regulations” means the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001;

“old (Scotland) regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001;

“panel of chairmen” means a panel referred to in regulation 8(3)(a);

“President” means, in England and Wales, the person appointed or nominated by the Lord Chancellor to discharge for the time being the functions of the President of Employment Tribunals (England and Wales), and, in Scotland, the person appointed or nominated by the Lord President to discharge for the time being the functions of the President of Employment Tribunals (Scotland);

“Race Relations Act” means the Race Relations Act 1976(7);

“Regional Chairman” means a member of the panel of chairmen who has been appointed to the position of Regional Chairman in accordance with regulation 6 or who has been nominated to discharge the functions of a Regional Chairman in accordance with regulation 6;

“Register” means the Register of judgments and written reasons kept in accordance with regulation 17;

“Secretary” means a person for the time being appointed to act as the Secretary of employment tribunals either in England and Wales or in Scotland;

“Sex Discrimination Act” means the Sex Discrimination Act 1975(8);

“special advocate” means a person appointed in accordance with rule 8 of Schedule 2;

“tribunal” means an employment tribunal established in accordance with regulation 5, and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President, Vice President or a Regional Chairman;

“TULR(C)A” means the Trade Union and Labour Relations (Consolidation) Act 1992(9);

“Vice President” means a person who has been appointed to the position of Vice President in accordance with regulation 7 or who has been nominated to discharge the functions of the Vice President in accordance with that regulation;

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

(1)

1995 c. 50.

(2)

2000 c. 7.

(3)

2002 c. 22.

(4)

1996 c. 18.

(5)

1996 c. 17.

(6)

1970 c. 41; section 2A was inserted by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794).

(7)

1976 c. 74.

(8)

1975 c. 65.

(9)

1992 c. 52.