Power to prescribe10

1

The Department may prescribe –

a

one or more versions of a form, one of which shall be used by all claimants for the purpose of instituting proceedings in an industrial tribunal (“claim form”) except any claim or proceedings listed in paragraph (3);

b

one or more versions of a form, one of which shall be used by all respondents to a claim for the purpose of responding to a claim before an industrial tribunal (“response form”) except respondents to a claim or proceedings listed in paragraph (3); and

c

that the provision of certain information and answering of certain questions in a claim form or in a response form is mandatory in all proceedings save those listed in paragraph (3).

2

The Department shall publish the forms and matters prescribed pursuant to paragraph (1) in such manner as it considers appropriate in order to bring them to the attention of potential claimants, respondents and their advisers.

3

The proceedings referred to in paragraph (1) are –

a

those referred to an industrial tribunal by a court;

b

proceedings to which any of Schedules 4 to 6 apply or;

c

proceedings brought under any of the following statutory provisions –

i

sections 19, 20 or 22 of the National Minimum Wage Act 199837;

ii

Article 43 of the Employment Rights Order where the proceedings are brought by the employer.