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

DECISIONS AND REASONS

Decisions made without a hearing

60.  Decisions made without a hearing shall be communicated in writing to the parties, identifying the Employment Judge who has made the decision.

Decisions made at or following a hearing

61.—(1) Where there is a hearing the Tribunal may either announce its decision in relation to any issue at the hearing or reserve it to be sent to the parties as soon as practicable in writing.

(2) If the decision is announced at the hearing, a written record (in the form of a judgment if appropriate) shall be provided to the parties (and, where the proceedings were referred to the Tribunal by a court, to that court) as soon as practicable. (Decisions concerned only with the conduct of a hearing need not be identified in the record of that hearing unless a party requests that a specific decision is so recorded.)

(3) The written record shall be signed by the Employment Judge.

Reasons

62.—(1) The Tribunal shall give reasons for its decision on any disputed issue, whether substantive or procedural (including any decision on an application for reconsideration or for orders for costs, preparation time or wasted costs).

(2) In the case of a decision given in writing the reasons shall also be given in writing. In the case of a decision announced at a hearing the reasons may be given orally at the hearing or reserved to be given in writing later (which may, but need not, be as part of the written record of the decision). Written reasons shall be signed by the Employment Judge.

(3) Where reasons have been given orally, the Employment Judge shall announce that written reasons will not be provided unless they are asked for by any party at the hearing itself or by a written request presented by any party within 14 days of the sending of the written record of the decision. The written record of the decision shall repeat that information. If no such request is received, the Tribunal shall provide written reasons only if requested to do so by the Employment Appeal Tribunal or a court.

(4) The reasons given for any decision shall be proportionate to the significance of the issue and for decisions other than judgments may be very short.

(5) In the case of a judgment the reasons shall: identify the issues which the Tribunal has determined, state the findings of fact made in relation to those issues, concisely identify the relevant law, and state how that law has been applied to those findings in order to decide the issues. Where the judgment includes a financial award the reasons shall identify, by means of a table or otherwise, how the amount to be paid has been calculated.

Absence of Employment Judge

63.  If it is impossible or not practicable for the written record or reasons to be signed by the Employment Judge as a result of death, incapacity or absence, it shall be signed by the other member or members (in the case of a full tribunal) or by the President, Vice President or a Regional Employment Judge (in the case of a Judge sitting alone).

Consent orders and judgments

64.  If the parties agree in writing or orally at a hearing upon the terms of any order or judgment a Tribunal may, if it thinks fit, make such order or judgment, in which case it shall be identified as having been made by consent.

When a judgment or order takes effect

65.  A judgment or order takes effect from the day when it is given or made, or on such later date as specified by the Tribunal.

Time for compliance

66.  A party shall comply with a judgment or order for the payment of an amount of money within 14 days of the date of the judgment or order, unless—

(a) the judgment, order, or any of these Rules, specifies a different date for compliance; or

(b) the Tribunal has stayed (or in Scotland sisted) the proceedings or judgment.

The Register

67.  Subject to rules 50 and 94, a copy shall be entered in the Register of any judgment and of any written reasons for a judgment.

Copies of judgment for referring court

68.  Where the proceedings were referred to the Tribunal by a court a copy of any judgment and of any written reasons shall be provided to that court.

Correction of clerical mistakes and accidental slips

69.  An Employment Judge may at any time correct any clerical mistake or other accidental slip or omission in any order, judgment or other document produced by a Tribunal. If such a correction is made, any published version of the document shall also be corrected. If any document is corrected under this rule, a copy of the corrected version, signed by the Judge, shall be sent to all the parties.