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

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Changes over time for: The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (without Schedules)

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Citation and commencementE+W+S

1.—(1) These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 F1...

(2) This regulation and regulations 3 and 11 come into force on 1st July 2013 and the remainder of these Regulations (including the Schedules) come into force on 29th July 2013.

Textual Amendments

RevocationE+W+S

2.  Subject to the savings in regulation 15 the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 M1 are revoked.

Marginal Citations

InterpretationE+W+S

3.  F2... In these Regulations—

“2004 Regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004;

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

“Employment Tribunals Act” means the Employment Tribunals Act 1996;

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

[F3“national security proceedings” means proceedings in which a direction or order under rule 93 of the Employment Tribunal Procedure Rules 2024 is in force;]

“President” means either of the two presidents appointed from time to time in accordance with regulation 5(1);

“Regional Employment Judge” means a person appointed or nominated in accordance with regulation 6(1) or (2);

“Senior President of Tribunals” means the person appointed in accordance with section 2 of the Tribunals, Courts and Enforcement Act 2007;

“Tribunal” means an employment tribunal established in accordance with regulation 4 and, in relation to any proceedings, means the Tribunal responsible for the proceedings in question, whether performing administrative or judicial functions;

“Vice President” means a person appointed or nominated in accordance with regulation 6(3) or (4).

Textual Amendments

Establishment of employment tribunalsE+W+S

4.  There are to be tribunals known as employment tribunals.

President of Employment TribunalsE+W+S

5.—(1) There shall be a President of Employment Tribunals, responsible for Tribunals in England and Wales, and a President of Employment Tribunals, responsible for Tribunals in Scotland, appointed by the appointing office holder.

(2) A President shall be—

(a)a person who satisfies the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis;

(b)an advocate or solicitor admitted in Scotland of at least five years standing; or

(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least five years standing.

(3) A President may at any time resign from office by giving the appointing officer holder notice in writing to that effect.

(4) The appointing officer holder may remove a President from office on the ground of inability or misbehaviour, or if the President is [F4made] bankrupt or makes a composition or arrangement with his creditors.

(5) Where a President is unable to carry out the functions set out in these Regulations, those functions may be discharged by a person nominated by the appointing office holder (save that any nomination in relation to England and Wales shall be made by the Lord Chief Justice following consultation with the Senior President of Tribunals, rather than by the Lord Chancellor).

(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 M2) to exercise his functions under this regulation.

Textual Amendments

Marginal Citations

M22005 c. 4; section 109 was amended by the Tribunals, Courts and Enforcement Act 2007, Schedule 8, paragraph 63.

Regional Employment Judges and the Vice PresidentE+W+S

6.—(1) The Lord Chancellor may appoint Regional Employment Judges.

(2) The President (England and Wales) or the Regional Employment Judge for an area may nominate an Employment Judge to discharge the functions of the Regional Employment Judge for that area.

(3) The Lord President may appoint a Vice President.

(4) The President (Scotland) or the Vice President may nominate an Employment Judge to discharge the functions of the Vice President.

(5) Appointments and nominations under this regulation shall be from the [F5salaried] Employment Judges on the panel referred to in regulation 8(2)(a).

Textual Amendments

Responsibilities of the Presidents, Regional Employment Judges and Vice PresidentE+W+S

7.—(1) The President shall, in relation to the area for which the President is responsible, use the resources available to—

(a)secure, so far as practicable, the speedy and efficient disposal of proceedings;

(b)determine the allocation of proceedings between Tribunals; and

(c)determine where and when Tribunals shall sit.

(2) The President (England and Wales) may direct Regional Employment Judges, and the President (Scotland) may direct the Vice President, to take action in relation to the fulfilment of the responsibilities in paragraph (1) and the Regional Employment Judges and Vice President shall follow such directions.

Panels of members for tribunalsE+W+S

8.—(1) There shall be three panels of members for the Employment Tribunals (England and Wales) and three panels of members for the Employment Tribunals (Scotland).

(2) The panels of members shall be—

[F6(a)a panel of Employment Judges who—

(i)satisfy the criteria set out in regulation 5(2) and are appointed by the appointing office holder; or

(ii)are able to act as Employment Judges by virtue of paragraph (2A) or (2B);]

(b)a panel of persons appointed by the Lord Chancellor after consultation with organisations or associations representative of employees; and

(c)a panel of persons appointed by the Lord Chancellor after consultation with organisations or associations representative of employers.

[F7(2A) A relevant tribunal judge may act as an Employment Judge if the conditions in paragraph (2C) are satisfied.

(2B) A relevant judge may act as an Employment Judge if the conditions in paragraph (2C) are satisfied and—

(a)the relevant judge consents; and

(b)unless the relevant judge is the Lord Chief Justice of England and Wales, the appropriate consent has been given.

(2C) The conditions are—

(a)the judge is nominated by the Senior President of Tribunals; and

(b)the President who is responsible for the panel the judge will act as a member of consents to the judge acting in a particular case.

(2D) The relevant President must consult the other President before consenting under paragraph (2C)(b) to any individual judge acting for the first time as a member of the panel for which the relevant President is responsible.

(2E) A person who has been appointed to one panel of Employment Judges may act as a member of the other panel of Employment Judges if—

(a)the person is nominated by the Senior President of Tribunals; and

(b)the Presidents responsible for both panels consent to the person acting for such period as the Presidents shall specify.

(2F) Consent under paragraph (2E)(b) can be withdrawn at any time by either President.

(2G) In paragraph (2B)(b) “the appropriate consent” means—

(a)the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

(i)the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales;

(ii)the President of the Queen’s Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales;

(iii)a puisne judge of the High Court in England and Wales;

(iv)a circuit judge;

(v)a district judge in England and Wales;

(vi)a District Judge (Magistrates’ Courts);

(vii)a deputy judge of the High Court in England and Wales;

(viii)a Recorder;

(ix)a Deputy District Judge (Magistrates’ Courts);

(x)a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981;

(xi)the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc);

(xii)the holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc); or

(xiii)the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);

(b)the consent of the Lord President where the relevant judge is—

(i)a sheriff; or

(ii)a summary sheriff;

(c)the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

(i)a Lord Justice of Appeal in Northern Ireland;

(ii)a puisne judge of the High Court in Northern Ireland;

(iii)a county court judge in Northern Ireland; or

(iv)a district judge in Northern Ireland.

(2H) In this regulation “relevant judge” means a person who—

(a)is the Lord Chief Justice of England and Wales, the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court);

(b)is the President of the Queen’s Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales;

(c)is a Lord Justice of Appeal in Northern Ireland;

(d)is a puisne judge of the High Court in England and Wales or Northern Ireland;

(e)is a circuit judge;

(f)is a sheriff in Scotland;

(g)is a summary sheriff;

(h)is a county court judge in Northern Ireland;

(i)is a district judge in England and Wales or Northern Ireland;

(j)is a District Judge (Magistrates’ Courts);

(k)is a deputy judge of the High Court in England and Wales;

(l)is a Recorder;

(m)is a Deputy District Judge (Magistrates’ Courts);

(n)is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981;

(o)holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc);

(p)holds an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc); or

(q)is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(2I) References in paragraph (2H)(d) to (j) to office-holders do not include deputies or temporary office-holders.]

(3) Members of the panels shall hold and vacate office in accordance with the terms of their appointment, but may resign from office by written notice to the person who appointed them under paragraph (2), and any member who ceases to hold office shall be eligible for reappointment.

(4) The President may establish further specialist panels of members referred to in paragraph (2) F8....

Textual Amendments

Composition of tribunalsE+W+S

F99.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

National security proceedings – panel of members and composition of tribunalsE+W+S

10.—(1) The President shall select—

(a)a panel of persons from the panel referred to in regulation 8(2)(a);

(b)a panel of persons from the panel referred to in regulation 8(2)(b); and

(c)a panel of persons from the panel referred to in regulation 8(2)(c),

who may act in national security proceedings.

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Legal officersE+W+S

F1110A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Responsibilities of legal officersE+W+S

F1110B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Practice directionsE+W+S

F1111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Power to prescribeE+W+S

F1112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of Schedules 1 to 3E+W+S

F1113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Register and proof of judgmentsE+W+S

14.—(1) The Lord Chancellor shall maintain a register containing a copy of all judgments and written reasons issued by a Tribunal which are required to be entered in the register under [F12the Employment Tribunal Procedure Rules 2024].

F13(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A document purporting to be certified by a member of staff of a Tribunal to be a true copy of an entry of a judgment in the register shall, unless the contrary is proved, be sufficient evidence of the document and its contents.

Textual Amendments

[F14Appeals against notices given under the Health and Safety at Work etc. Act 1974E+W+S

14A.  A person may appeal against an improvement notice or a prohibition notice given by an inspector under section 21 or 22 respectively of the Health and Safety at Work etc. Act 1974 by presenting a claim to the Tribunal so that it is received—

(a)before the end of the period of 21 days beginning with the date on which the notice which is the subject of the appeal is sent to the appellant, or

(b)within such further period as the Tribunal considers reasonable where it is satisfied that it was not reasonably practicable for an appeal to be presented within that period.

Textual Amendments

Appeals against notices given under the Energy Act 2013E+W+S

14B.  A person may appeal against an improvement notice or a prohibition notice given by an inspector under paragraph 3 or 4 respectively of Schedule 8 to the Energy Act 2013 by presenting a claim to the Tribunal so that it is received—

(a)before the end of the period of 21 days beginning with the date on which the notice which is the subject of the appeal is sent to the appellant, or

(b)within such further period as the Tribunal considers reasonable where it is satisfied that it was not reasonably practicable for an appeal to be presented within that period.]

Textual Amendments

Transitional provisionsE+W+S

15.—(1) Subject to paragraphs (2) and (3), these Regulations and the Rules of Procedure contained in Schedules 1 to 3 apply in relation to all proceedings to which they relate.

(2) Where a respondent receives from a Tribunal a copy of the claim form before 29th July 2013, rules 23 to 25 of Schedule 1 do not apply to the proceedings and rule 7 of Schedule 1 to the 2004 Regulations continues to apply.

(3) Where in accordance with Schedules 3 to 5 of the 2004 Regulations, a notice of appeal was presented to a Tribunal before 29th July 2013, Schedule 1 does not apply to the proceedings and Schedule 3, 4 or 5, as appropriate, of the 2004 Regulations continues to apply.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

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