SCHEDULE 1THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE

CASE MANAGEMENT ORDERS AND OTHER POWERS

Lead cases

36.

(1)

Where a Tribunal considers that two or more claims give rise to common or related issues of fact or law, the Tribunal F1... may make an order specifying one or more of those claims as a lead case and staying, or in Scotland sisting, the other claims (“the related cases”).

(2)

When the Tribunal makes a decision in respect of the common or related issues it shall send a copy of that decision to each party in each of the related cases and, subject to paragraph (3), that decision shall be binding on each of those parties.

(3)

Within 28 days after the date on which the Tribunal sent a copy of the decision to a party under paragraph (2), that party may apply in writing for an order that the decision does not apply to, and is not binding on the parties to, a particular related case.

(4)

If a lead case is withdrawn before the Tribunal makes a decision in respect of the common or related issues, it shall make an order as to—

(a)

whether another claim is to be specified as a lead case; and

(b)

whether any order affecting the related cases should be set aside or varied.