The Employment Tribunal Procedure Rules 2024

Explanatory Note

(This note is not part of the Rules)

These Rules apply to proceedings before the employment tribunals (“the Tribunal”).

Part 1 contains provisions on the application of the Rules to proceedings before the Tribunal, including provisions for interpreting the Rules, and sets out the overriding objective of the Rules, the power to extend time, the power for the Tribunal to delegate certain functions to Tribunal staff and the power for the Presidents of the Employment Tribunals to issue guidance as to practice and procedure and to prescribe forms by practice directions.

Part 2 contains provisions relating to starting proceedings in the Tribunal and provides that proceedings are to be rejected if they are not started correctly, including where a prescribed form is not used, or certain information is not provided, or if the claim is presented late.

Part 3 contains provisions on how a response to a claim must be presented to the Tribunal and provides that a response is to be rejected if the prescribed form is not used or certain information is not provided, or if it is presented late, and the consequences of such a rejection.

Part 4 contains provisions on the process for making and replying to an employer’s contract claim.

Part 5 contains provisions for the initial consideration of the claim, response or reply by the Tribunal and provides the Tribunal the power to dismiss the claim, response or reply, or part of it, if the Tribunal considers it has no jurisdiction, or there is no reasonable prospect of success.

Parts 6 and 7 set out the general powers of the Tribunal. This includes the Tribunal’s power to make case management orders, to postpone hearings, to add, substitute or remove a party, to specify a claim as a lead case, to strike out a party’s case, to dismiss a claim, response or reply, or part of it, if an order of the Tribunal is not complied with, and the power to make a deposit order. It also makes rules for the giving of evidence, submissions and witnesses, including the power for the Tribunal to make an order to prevent or restrict the public disclosure of any aspect of proceedings.

Part 8 makes provision for when a claim is withdrawn.

Parts 9 and 10 make provision for preliminary hearings and final hearings, respectively.

Part 11 contains provision in relation to decisions of the Tribunal, including decisions made by the Tribunal without a hearing, the requirement for the Tribunal to give reasons for its decisions and to publish judgments and written reasons. It also sets out when a judgment or order of the Tribunal takes effect and the time for compliance, and deals with correcting a decision or information produced by the Tribunal.

Part 12 contains provision for the process by which a judgment of the Tribunal may be reconsidered.

Part 13 contains provision relating to the Tribunal’s power to award costs (in Scotland, expenses).

Part 14 contains provisions relating to the sending of documents to the Tribunal, the parties to proceedings and to other persons.

Part 15 contains miscellaneous rules. Rule 92 contains provision for proceedings concerning an enactment which provides for conciliation. Rule 93 contains provision for proceedings to be dealt with in private, for persons to be excluded, or for the identity of witnesses to be concealed, either on the direction of a Minister or by order of the Tribunal, where it is expedient in the interests of national security. Rule 94 contains provision for interim relief in specified proceedings. Rule 95 requires the Secretary of State to be treated as a party in proceedings involving the National Insurance Fund. Rule 96 specifies when a person is to be treated as a respondent in claims that include a complaint under section 146(1) of the Equality Act 2010 (c. 15) relating to term of a collective agreement. Rule 97 makes provision for when a devolution issue arises in proceedings. Rule 98 provides that proceedings may be transferred between Scotland and England and Wales. Rule 99 applies the Rules to proceedings that have been transferred to the Tribunal by a court. Rule 100 allows the Tribunal to share information with the Attorney General, a Solicitor General or the Lord Advocate for the purposes of seeking to restrict the participation of a vexatious litigant. Rule 101 requires the Tribunal to send a copy of its judgments and written reasons in specified proceedings to the Commission for Equality and Human Rights. Rules 102 to 105 modify the application of the Rules in relation to levy appeals and appeals against certain notices under the Health and Safety at Work etc. Act 1974 (c. 37), the Energy Act 2013 (c. 32) and the Equality Act 2006 (c. 3).

Schedule 1 modifies the application of Parts 1 to 15 of the Rules in relation to national security proceedings.

Schedule 2 modifies the application of Parts 1 to 15 of the Rules in relation to proceedings involving an equal value claim.

An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.