Employment Protection (Consolidation) Act 1978

128 Industrial tribunals. E+W+S

(1) The Secretary of State may by regulations make provision for the establishment of tribunals, to be known as industrial tribunals, to exercise the jurisdiction conferred on them by or under this Act or any other Act, whether passed before or after this Act.

(2) Regulations made wholly or partly under section 12 of the M1 Industrial Training Act 1964 and in force immediately before the date on which this section comes into force shall, so far as so made, continue to have effect as if they had been made under subsection (1), and tribunals established in accordance with such regulations shall continue to be known as industrial tribunals.

[F1 (2A) Subject to the following provisions of this section, proceedings before an industrial tribunal shall be heard by—

(a) the person who, in accordance with regulations made under subsection (1), is the chairman, and

(b) two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.

(2B) Subject to subsection (2F), the proceedings to which subsection (2C) applies shall be heard by the person specified in subsection (2A)(a) alone.

(2C) This subsection applies to—

(a) proceedings on an application under section 77, 78A or 79 of this Act or under section 161, 165 or 166 of the M2 Trade Union and Labour Relations (Consolidation) Act 1992,

(b) proceedings on a complaint under section 124 of this Act or under section 5 of the Wages Act 1986 [F2 or section 126 of the Pensions Schemes Act 1993],

(c) proceedings in respect of which an industrial tribunal has jurisdiction by virtue of an order under section 131,

(d) proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2B) (whether or not they have subsequently withdrawn it),

(e) proceedings in which the person bringing the proceedings has given written notice withdrawing the case, and

(f) proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

(2D) The Secretary of State may by order amend the provisions of subsection (2C).

(2E) No order shall be made under subsection (2D) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(2F) Proceedings to which subsection (2C) applies shall be heard in accordance with subsection (2A) if a person who, in accordance with regulations made under subsection (1), may be the chairman of an industrial tribunal, having regard to—

(a) whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (2A),

(b) whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2B),

(c) any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and

(d) whether there are other proceedings which might be heard concurrently but which are not proceedings to which subsection (2C) applies,

decides (at any stage of the proceedings) that the proceedings are to be heard in accordance with subsection (2A).]

(3) Schedule 9, which makes provision, among other things, with respect to proceedings before industrial tribunals, shall have effect.

(4) Complaints, references [F3 applications] and appeals to industrial tribunals shall be made in accordance with regulations made under F4 . . . Schedule 9.

[F5 (5) Regulations made under Schedule 9 may provide that in such circumstances as the regulations may specify any act required or authorised by the regulations to be done by an industrial tribunal may be done by the person specified in subsection (2A)(a) alone.]

[F6 (6) Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security, the proceedings shall be heard and determined, and any act required or authorised by regulations made under Schedule 9 to be done by an industrial tribunal in relation to the proceedings shall be done, by the President of Industrial Tribunals (England and Wales) appointed in accordance with regulations made under subsection (1), or the President of Industrial Tribunals (Scotland) so appointed, alone.]

Textual Amendments

F1 S. 128(2A)-(2F) inserted (30.11.1993) by 1993 c. 19, s. 36(2); S.I. 1993/2503, art. 2(2), Sch.2

F2 Words in s. 128(2C)(b) inserted (7.2.1994) by virtue of 1993 c. 48, s. 190, Sch. 8 para. 11(2); S.I. 1994/86, art. 2

F3 Word inserted by Employment Act 1980 (c. 42, SIF 43:5), Sch. 1 para. 16

F4 Words in s. 128(4) repealed (30.11.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/2503, art. 2(2), Sch.2

F5 S. 128(5) inserted (30.8.1993) by 1993 c. 19, s. 36(3); S.I. 1993/1908, art. 2(1), Sch. 1.

F6 S. 128(6) inserted (30.11.1993) by 1993 c. 19, s. 36(3); S.I. 1993/2503, art. 2(2), Sch.2.

Marginal Citations

M1 1964 c. 16.

M2 1992 c. 52.