The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
1
Citation and commencement
2
Revocation
3
Interpretation
4
Establishment of employment tribunals
5
President of Employment Tribunals
6
Regional Employment Judges and the Vice President
7
Responsibilities of the Presidents, Regional Employment Judges and Vice President
8
Panels of members for tribunals
9
Composition of tribunals
10
National security proceedings – panel of members and composition of tribunals
11
Practice directions
12
Power to prescribe
13
Application of Schedules 1 to 3
14
Register and proof of judgments
15
Transitional provisions
SCHEDULE 1
THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE
INTRODUCTORY AND GENERAL
1
Interpretation
2
Overriding objective
3
Alternative dispute resolution
4
Time
5
Extending or shortening time
6
Irregularities and non-compliance
7
Presidential Guidance
STARTING A CLAIM
8
Presenting the claim
9
Multiple claimants
10
Rejection: form not used or failure to supply minimum information
11
Rejection: absence of Tribunal fee or remission application
12
Rejection: substantive defects
13
Reconsideration of rejection
14
Protected disclosure claims: notification to a regulator
THE RESPONSE TO THE CLAIM
15
Sending claim form to respondents
16
Response
17
Rejection: form not used or failure to supply minimum information
18
Rejection: form presented late
19
Reconsideration of rejection
20
Applications for extension of time for presenting response
21
Effect of non-presentation or rejection of response, or case not contested
22
Notification of acceptance
EMPLOYER’S CONTRACT CLAIM
23
Making an employer’s contract claim
24
Notification of employer’s contract claim
25
Responding to an employer’s contract claim
INITIAL CONSIDERATION OF CLAIM FORM AND RESPONSE
26
Initial consideration
27
Dismissal of claim (or part)
28
Dismissal of response (or part)
CASE MANAGEMENT ORDERS AND OTHER POWERS
29
Case management orders
30
Applications for case management orders
31
Disclosure of documents and information
32
Requirement to attend to give evidence
33
Evidence from other EU Member States
34
Addition, substitution and removal of parties
35
Other persons
36
Lead cases
37
Striking out
38
Unless orders
39
Deposit orders
40
Non-payment of fees
RULES COMMON TO ALL KINDS OF HEARING
41
General
42
Written representations
43
Witnesses
44
Inspection of witness statements
45
Timetabling
46
Hearings by electronic communication
47
Non-attendance
48
Conversion from preliminary hearing to final hearing and vice versa
49
Majority decisions
50
Privacy and restrictions on disclosure
WITHDRAWAL
51
End of claim
52
Dismissal following withdrawal
PRELIMINARY HEARINGS
53
Scope of preliminary hearings
54
Fixing of preliminary hearings
55
Constitution of tribunal for preliminary hearings
56
When preliminary hearings shall be in public
FINAL HEARING
57
Scope of final hearing
58
Notice of final hearing
59
When final hearing shall be in public
DECISIONS AND REASONS
60
Decisions made without a hearing
61
Decisions made at or following a hearing
62
Reasons
63
Absence of Employment Judge
64
Consent orders and judgments
65
When a judgment or order takes effect
66
Time for compliance
67
The Register
68
Copies of judgment for referring court
69
Correction of clerical mistakes and accidental slips
RECONSIDERATION OF JUDGMENTS
70
Principles
71
Application
72
Process
73
Reconsideration by the Tribunal on its own initiative
COSTS ORDERS, PREPARATION TIME ORDERS AND WASTED COSTS ORDERS
74
Definitions
75
Costs orders and preparation time orders
76
When a costs order or a preparation time order may or shall be made
77
Procedure
78
The amount of a costs order
79
The amount of a preparation time order
80
When a wasted costs order may be made
81
Effect of a wasted costs order
82
Procedure
83
Allowances
84
Ability to pay
DELIVERY OF DOCUMENTS
85
Delivery to the Tribunal
86
Delivery to parties
87
Delivery to non-parties
88
Special cases
89
Substituted service
90
Date of delivery
91
Irregular service
92
Correspondence with the Tribunal: copying to other parties
MISCELLANEOUS
93
ACAS
94
National security proceedings
95
Interim relief proceedings
96
Proceedings involving the National Insurance Fund
97
Collective agreements
98
Devolution issues
99
Transfer of proceedings between Scotland and England & Wales
100
References to the Court of Justice of the European Union
101
Transfer of proceedings from a court
102
Vexatious litigants
103
Information to the Commission for Equality and Human Rights
104
Application of this Schedule to levy appeals
105
Application of this Schedule to appeals against improvement and prohibition notices
106
Application of this Schedule to appeals against unlawful act notices
SCHEDULE 2
THE EMPLOYMENT TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE
1
Application of Schedule 2
2
Serving of documents
3
Witness orders and disclosure of documents
4
Special advocate
5
Hearings
6
Reasons in national security proceedings
SCHEDULE 3
THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE
1
Application of Schedule 3
2
General power to manage proceedings
3
Conduct of stage 1 equal value hearing
4
Standard orders for stage 1 equal value hearing
5
Involvement of independent expert in fact finding
6
Conduct of stage 2 equal value hearing
7
Standard orders for stage 2 equal value hearing
8
Final hearing
9
Duties and powers of the independent expert
10
Use of expert evidence
11
Written questions to experts (including independent experts)
12
Procedural matters
13
National security proceedings
2013 No. 1237

Employment Tribunals

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
Made
28th May 2013
Laid before Parliament
31st May 2013
Coming into force
for the purpose of regulations 1, 3 and 11
1st July 2013
for all other purposes
29th July 2013
The Secretary of State, in exercise of the powers conferred by section 24(2) of the Health and Safety at Work etc. Act 1974 , sections 1(1), 4(6) and (6A), 7(1), (3), (3ZA), (3A), (3AA), (3AB), (3B), (3C) and (5), 7A(1) and (2), 7B(1) and (2), 9(1) and (2), 10(2), (5), (6) and (7), 10A(1), 11(1), 12(2), 13, 13A, 19, and 41(4) of the Employment Tribunals Act 1996 , paragraph 37 of Schedule 6 to the Scotland Act 1998 , and paragraph 32 of Schedule 9 to the Government of Wales Act 2006 , makes the following Regulations.
The Secretary of State has consulted with the Administrative Justice and Tribunals Council, and that Council has consulted with the Scottish Committee and the Welsh Committee, in accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 .
1974 c. 37.
1996 c. 17; by virtue of section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) industrial tribunals were renamed employment tribunals and references to “industrial tribunal” and “industrial tribunals” in any enactment were substituted with “employment tribunal” and “employment tribunals”. Section 4(6) was amended by the Employment Rights (Dispute Resolution) Act 1998, Schedule 1, paragraph 12(4), and by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 8, paragraphs 35 and 37. Section 4(6A) was inserted by the Employment Rights (Dispute Resolution) Act 1998, section 3(6), and amended by the Tribunals, Courts and Enforcement Act 2007, Schedule 8, paragraphs 35 and 37. Section 7(3)(f)(i) was repealed by the Employment Rights (Dispute Resolution) Act 1998, Schedule 1, paragraph 14(2); section 7(3)(ia) was inserted by the Employment Act 2002 (c. 22), section 24(1); and section 7(3)(h) was amended by the Equality Act 2010 (c. 15), Schedule 26, paragraphs 27 and 29. Section 7(3ZA) was inserted by the Employment Act 2002, section 25. Section 7(3A) to (3C) was inserted by the Employment Rights (Dispute Resolution) Act 1999, section 2, and section 7(3A) was then substituted by the Employment Act 2002, section 26. Section 7(3AA) and (3AB) was inserted by the Employment Act 2008 (c. 24), section 4. Section 7A was inserted by the Employment Act 2002, section 27, and section 7A(1) was amended by the Tribunals Courts and Enforcement Act 2007, Schedule 8, paragraphs 35 and 41. Section 7B was inserted by the Tribunals, Courts and Enforcement Act 2007, Schedule 8, paragraphs 35 and 42. Sections 10 and 10A were substituted by the Employment Relations Act 1999 (c. 26), Schedule 8, paragraph 3, and section 10(6) was then substituted by the Employment Relations Act 2004 (c. 24), section 36. Section 12 was amended by the Equality Act 2010, Schedule 26, paragraphs 27 and 30. Section 13 was amended by the Employment Act 2002, section 22(1). Section 13(2) was amended by the Employment Relations Act 1999, section 44, Schedule 4, paragraph 4 of Part III, and Schedule 9. Section 13A was inserted by the Employment Act 2002, section 22(2). Section 19(1) was renumbered as such by the Employment Act 2002, section 24(4), and was amended by sections 24(3), 53 and 54 of, and Schedule 7, paragraph 23(1) and (3), and Schedule 8 to, that Act.
1998 c. 46.
2006 c. 32.
2007 c. 15.