Employment Tribunals Act 1996

F1 PART I E+W+S [F2 Employment Tribunals]

Textual Amendments

F1 S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)

F2 Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Introductory E+W+S

1 [F3 Employment tribunals] E+W+S

(1) The Secretary of State may by regulations make provision for the establishment of tribunals to be known as [F3 employment tribunals].

(2) Regulations made wholly or partly under section 128(1) of the M1 Employment Protection (Consolidation) Act 1978 and in force immediately before this Act comes into force shall, so far as made under that provision, continue to have effect (until revoked) as if made under subsection (1) F4 . . ..

Textual Amendments

F3 Words in s. 1(1) and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F4 Words in s. 1(2) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M1 1978 c. 44.

Jurisdiction E+W+S

2 Enactments conferring jurisdiction on [F5 employment tribunals]. E+W+S

[F5 Employment tribunals] shall exercise the jurisdiction conferred on them by or by virtue of this Act or any other Act, whether passed before or after this Act.

Textual Amendments

F5 Words in s. 2 and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 2 modified (E.) (1.7.2009) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), ss. 2(4), 13(2) (with s. 9); 2009 No. 1, Instrument made by Archbishops

3 Power to confer further jurisdiction on [F6 employment tribunals]. E+W+S

(1) The appropriate Minister may by order provide that proceedings in respect of—

(a) any claim to which this section applies, or

(b) any claim to which this section applies and which is of a description specified in the order,

may, subject to such exceptions (if any) as may be so specified, be brought before an [F6 employment tribunal].

(2) Subject to subsection (3), this section applies to—

(a) a claim for damages for breach of a contract of employment or other contract connected with employment,

(b) a claim for a sum due under such a contract, and

(c) a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,

if the claim is such that a court in England and Wales or Scotland would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.

(3) This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries.

(4) Any jurisdiction conferred on an [F6 employment tribunal] by virtue of this section in respect of any claim is exercisable concurrently with any court in England and Wales or in Scotland which has jurisdiction to hear and determine an action in respect of the claim.

(5) In this section—

• “appropriate Minister”, as respects a claim in respect of which an action could be heard and determined by a court in England and Wales, means the Lord Chancellor and, as respects a claim in respect of which an action could be heard and determined by a court in Scotland, means the Lord Advocate, and

• “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(6) In this section a reference to breach of a contract includes a reference to breach of—

(a) a term implied in a contract by or under any enactment or otherwise,

(b) a term of a contract as modified by or under any enactment or otherwise, and

(c) a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

Textual Amendments

F6 Words in s.3(1)(4) and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2 S. 3: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2(1), 3, Sch. (with art. 7)

S. 3: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(2), 2 Sch. 1; S.I. 1998/3178, art. 3

Membership etc. E+W+S

[F7 3A Meaning of “Employment Judge” E+W+S

A person who is a member of a panel of [F8 Employment Judges ] which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.]

Textual Amendments

F7 S. 3A inserted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 36; S.I. 2007/2709, art. 4

F8 Words in s. 3A substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

[F9 4 Composition of tribunals. E+W+S

(1) An employment tribunal is, for the purpose of deciding any given matter, to be composed of a member or members chosen by the Senior President of Tribunals.

(2) The member, or each member, chosen must belong to a panel of members of employment tribunals appointed in accordance with regulations under section 1(1).

(3) The Senior President of Tribunals (or any person to whom the function under subsection (1) is delegated)—

(a) must act in accordance with regulations under subsection (4);

(b) may choose themselves (if eligible in accordance with regulations under section 1(1)).

(4) The Lord Chancellor must by regulations make provision, in relation to every matter that may fall to be decided by an employment tribunal, for determining the number of members who are to compose the tribunal.

(5) Where regulations under subsection (4) provide for a tribunal to be composed of a single member, the regulations must provide for that member to be an Employment Judge.

(6) Where regulations under subsection (4) provide for a tribunal to be composed of more than one member, the regulations—

(a) must provide for at least one of those members to be an Employment Judge,

(b) must make provision for determining how many (if any) of the other members are to be Employment Judges and how many (if any) are to be members who are not Employment Judges, and

(c) if the tribunal is to include one or more members who are not Employment Judges, may make provision for determining what qualifications (if any) that member or any of those members must have.

(7) A duty under subsection (4) or (6) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals or the President of Employment Tribunals in accordance with any provision made under that subsection.

(8) The power under subsection (6)(c) may be exercised by giving the Senior President of Tribunals or the President of Employment Tribunals power to determine what qualifications are required in accordance with any provision made by the regulations.

(9) Where a tribunal is to be composed of more than one member, the tribunal may proceed in the absence of one or more of the members chosen to compose it if—

(a) the parties to the case agree, and

(b) at least one of the members who is present is an Employment Judge.

(10) Where a person (other than an Employment Judge) is chosen as one of the members composing a tribunal but does not have a qualification required by virtue of subsection (6)(c), the tribunal may still proceed with that person as a member if the parties to the case agree.

(11) Before making regulations under this section, the Lord Chancellor must consult the Senior President of Tribunals.

(12) In this section—

• “President of Employment Tribunals”—

  (a)

  in relation to employment tribunals in England and Wales, means the President of Employment Tribunals (England and Wales), and

  (b)

  in relation to employment tribunals in Scotland, means the President of Employment Tribunals (Scotland);

• “qualification” includes experience.]

Textual Amendments

F9 S. 4 substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 35(2), 51(4) (with s. 36); S.I. 2023/1194, reg. 2(b) (with reg. 3)

5 Remuneration, fees and allowances. E+W+S

(1) The [F10 Lord Chancellor] may pay to—

(a) the [F11 President of the Employment Tribunals (England and Wales)],

(b) the [F11 President of the Employment Tribunals (Scotland)], F12 . . .

[F13 (c) any person who is an Employment Judge on a full-time basis, and]

F14 [(d) any person who is a legal officer appointed in accordance with such regulations,]

such remuneration [F15 and such allowances] as he may with the consent of the Treasury determine.

(2) The [F16 Lord Chancellor] may pay to—

(a) members of [F11 employment tribunals],

(b) any assessors appointed for the purposes of proceedings before [F11 employment tribunals], and

(c) any persons required for the purposes of section [F17 131(2) of the Equality Act 2010] to prepare reports,

such fees and allowances as he may with the consent of the Treasury determine.

(3) The [F18 Lord Chancellor] may pay to any other persons such allowances as he may with the consent of the Treasury determine for the purposes of, or in connection with, their attendance at [F11 employment tribunals].

Textual Amendments

F10 Words in s. 5(1) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 38(a), 51(4); S.I. 2023/1194, reg. 2(d)

F11 Words in s. 5(1)(a)(b)(2)(a)(b)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b)(d)(e) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F12 Word in s. 5(1)(b) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

F13 S. 5(1)(c) substituted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 39; S.I. 2007/ 2709, {art. 4}

F14 S. 5(1)(d) and word “and" immediately preceding inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 13; S.I. 1998/1658, art. 2(1), Sch. 1

F15 Words in s. 5(1) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 15

F16 Words in s. 5(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 38(a), 51(4); S.I. 2023/1194, reg. 2(d)

F17 Words in s. 5(2)(c) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 28 (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))

F18 Words in s. 5(3) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 38(a), 51(4); S.I. 2023/1194, reg. 2(d)

[F19 5A Training etc. E+W+S

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of [F20 Employment Judges ] ).

Textual Amendments

F19 Ss. 5A-5D inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40; S.I. 2008/2696, art. 5(c)(i) (with art. 3)

F20 Words in s. 5A substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

5B Members of employment tribunals: removal from office E+W+S

(1) Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(2) Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

(3) Any power by which a member of a panel may be removed from membership of the panel—

(a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b) may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(4) In subsection (3) “panel” means—

(a) a panel of [F21 Employment Judges ] , or

(b) any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

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

(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

Textual Amendments

F19 Ss. 5A-5D inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40; S.I. 2008/2696, art. 5(c)(i) (with art. 3)

F21 Words in s. 5B(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

5C Oaths E+W+S

(1) Subsection (2) applies to a person (“the appointee”)—

(a) who is appointed—

(i) as President of the Employment Tribunals (England and Wales),

(ii) as President of the Employment Tribunals (Scotland), or

(iii) as a member of a panel (as defined in section 5B(4)), and

(b) who has not previously taken the required oaths after accepting another office.

(2) The appointee must take the required oaths before—

(a) the Senior President of Tribunals, or

(b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3) If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b) he holds judicial office (as defined in section 109(4) of that Act);

(c) he holds (in Scotland) the office of sheriff.

(5) In this section “the required oaths” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

Textual Amendments

F19 Ss. 5A-5D inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40; S.I. 2008/2696, art. 5(c)(i) (with art. 3)

5D Judicial assistance E+W+S

(1) Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

(2) The provision has effect only if—

(a) the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

(b) its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

(c) its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

(d) its operation as respects a particular relevant judge requires—

(i) the consent of the relevant judge, and

(ii) the appropriate consent (see subsection (3)) [F22 except where the relevant judge is the Lord Chief Justice of England and Wales ], and

(e) it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of [F23 Employment Judges ] .

(3) In subsection (2)(d)(ii) “the appropriate consent” means—

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

(i) [F24 the Master of the Rolls or] an ordinary judge of the Court of Appeal in England and Wales,

[F25 (ia) within subsection (4)(b)(ia),]

(ii) a puisne judge of the High Court in England and Wales,

(iii) a circuit judge,

(iv) a district judge in England and Wales,F26 ...

(v) a District Judge (Magistrates' Courts);[F27 , or

(vi) within subsection (4)(b)(x) to (xvi);]

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

(i) a judge of the Court of Session, or

(ii) a 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.

(4) In this section—

(a) “relevant tribunal judge” means—

(i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii) a transferred-in judge of the First-tier Tribunal,

(iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv) a transferred-in judge of the Upper Tribunal,

(v) a deputy judge of the Upper Tribunal, F28 ...

(vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);[F29 , or

(vii) is the Senior President of Tribunals;]

(b) “relevant judge” means a person who—

(i) is [F30 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),

[F31 (ia) is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,]

(ii) is a Lord Justice of Appeal in Northern Ireland,

(iii) is a judge of the Court of Session,

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

(v) is a circuit judge,

(vi) is a sheriff in Scotland,

(vii) is a county court judge in Northern Ireland,

(viii) is a district judge in England and Wales or Northern Ireland, F32 ...

(ix) is a District Judge (Magistrates' Courts).

[F33 (x) is a deputy judge of the High Court in England and Wales,

(xi) is a Recorder,

(xii) is a Deputy District Judge (Magistrates' Courts),

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

(xiv) 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),

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

(xvi) 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).]

(5) References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.]

Textual Amendments

F19 Ss. 5A-5D inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40; S.I. 2008/2696, art. 5(c)(i) (with art. 3)

F22 Words in s. 5D(2)(d)(ii) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(2); S.I. 2013/2200, art. 3(g)

F23 Words in s. 5D(2)(e) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

F24 Words in s. 5D(3)(a)(i) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(3)(a); S.I. 2013/2200, art. 3(g)

F25 S. 5D(3)(a)(ia) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(3)(b); S.I. 2013/2200, art. 3(g)

F26 Word in s. 5D(3)(a) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(3)(c); S.I. 2013/2200, art. 3(g)

F27 S. 5D(3)(a)(vi) and word inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(3)(c); S.I. 2013/2200, art. 3(g)

F28 Word in s. 5D(4)(a)(v) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(4); S.I. 2013/2200, art. 3(g)

F29 S. 5D(4)(a)(vii) and word inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(4); S.I. 2013/2200, art. 3(g)

F30 Words in s. 5D(4)(b)(i) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(5); S.I. 2013/2200, art. 3(g)

F31 S. 5D(4)(b)(ia) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(6); S.I. 2013/2200, art. 3(g)

F32 Word in s. 5D(4)(b)(viii) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(7); S.I. 2013/2200, art. 3(g)

F33 S. 5D(4)(b)(x)-(xvi) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 12(7); S.I. 2013/2200, art. 3(g)

Procedure E+W+S

6 Conduct of hearings. E+W+S

(1) A person may appear before an [F34 employment tribunals] in person or be represented by—

(a) counsel or a solicitor,

(b) a representative of a trade union or an employers’ association, or

(c) any other person whom he desires to represent him.

(2) [F35 Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or ] [F36 Part I of the Arbitration Act 1996] [F37 does not apply] [F37 applies] to any proceedings before an [F34 employment tribunals].

Textual Amendments

F34 Words in s. 6 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F35 Words in s. 6(2) inserted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7(a)

F36 Words in s. 6(2) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 62 (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2)

F37 Word in s. 6(2) substituted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7(b)

[F38 7 Practice and procedure: general E+W+S

Procedure Rules (see section 37QA) are to govern the practice and procedure to be followed in employment tribunals.]

Textual Amendments

F38 S. 7 substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), ss. 34(2), 51(4) (with s. 36); S.I. 2024/568, reg. 2(a)

Modifications etc. (not altering text)

C3 S. 7 extended (24.4.2000) by 1992 c. 52, s. 239(4)(b) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

[F39 7A Practice directions E+W+S

[F40 (A1) The Senior President of Tribunals may make directions about the [F41 practice and] procedure of employment tribunals.]

[F42 (1) The territorial President may make directions about the practice and procedure of employment tribunals.]

F43 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44 (2A) The [F45 powers under subsections (A1) and (1) include]—

(a) power to vary or revoke directions made in exercise of the power, and

(b) power to make different provision for different purposes (including different provision for different areas).

(2B) Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C) Directions under subsection [F46 (1)] may not be made without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(2D) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of decisions by members of an employment tribunal.

(2E) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.]

(3) In this section, references to the [F47 territorial] President are to a person appointed in accordance with regulations under section 1(1) as—

(a) President of the Employment Tribunals (England and Wales), or

(b) President of the Employment Tribunals (Scotland).]

Textual Amendments

F39 S. 7A inserted (9.7.2004) by 2002 c. 22, ss. 27, 55(2); S.I. 2004/1717, art. 2(1)

F40 S. 7A(A1) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(2); S.I. 2008/2696, art. 5(c)(i) (with art. 3)

F41 Words in s. 7A(A1) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(2); S.I. 2023/1194, reg. 2(f)

F42 S. 7A(1) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(3); S.I. 2023/1194, reg. 2(f)

F43 S. 7A(2) omitted (7.11.2023) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(4); S.I. 2023/1194, reg. 2(f)

F44 S. 7A(2A)-(2E) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(5); S.I. 2008/2696, art. 5(c)(i) (with art. 3)

F45 Words in s. 7A(2A) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(5); S.I. 2023/1194, reg. 2(f)

F46 Word in s. 7A(2C) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(6); S.I. 2023/1194, reg. 2(f)

F47 Word in s. 7A(3) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(6); S.I. 2008/2696, art. 5(c)(i) (with art. 3)

[F48 7B Mediation E+W+S

[F49 (A1) A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

(a) mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

(b) where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.]

(1) [F50 Practice directions under section 7A may] provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2) The provision that may be [F51 made] by virtue of subsection (1) includes provision for F52 ... a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3) Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5) Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult [F53 ACAS] .

(6) In this section—

• “member” means a member of a panel of members of employment tribunals (whether or not a panel of [F54 Employment Judges ] );

• “practice direction” means a direction under section 7A;

• “proceedings” means proceedings before an employment tribunal.]

Textual Amendments

F48 S. 7B inserted (1.10.2013) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 42; S.I. 2013/2200, art. 3(g)

F49 S. 7B(A1) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(2); S.I. 2024/568, reg. 2(b)(ii)

F50 Words in s. 7B(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(3); S.I. 2024/568, reg. 2(b)(ii)

F51 Word in s. 7B(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(4)(a); S.I. 2024/568, reg. 2(b)(ii)

F52 Words in s. 7B(2) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(4)(b); S.I. 2024/568, reg. 2(b)(ii)

F53 Words in s. 7B(5) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 4; S.I. 2014/253, art. 3(f)

F54 Words in s. 7B(6) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)

8 Procedure in contract cases. E+W+S

(1) Where in proceedings brought by virtue of section 3 an [F55 employment tribunal] finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall order the respondent to the proceedings to pay the amount which it finds due.

(2) An order under section 3 may provide that an [F55 employment tribunal] shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which an [F55 employment tribunal] may order to be paid in relation to a claim or in relation to a contract.

(3) An order under section 3 may include provisions—

(a) as to the manner in which and time within which proceedings are to be brought by virtue of that section, and

(b) modifying any other enactment.

(4) An order under that section may make different provision in relation to proceedings in respect of different descriptions of claims.

Textual Amendments

F55 Words in s. 8(1)(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

9 [F56 Preliminary hearings]. E+W+S

[F57 (1) If Procedure Rules authorise an employment tribunal to carry out a preliminary hearing, Procedure Rules may make provision for enabling such powers as may be prescribed by the Rules to be exercised in connection with the hearing.]

(2) Such [F58 Rules] may in particular include provision—

(a) for authorising any tribunal carrying out a [F59 preliminary hearing] F60 ... to make, in circumstances specified in the [F61 Rules], an order requiring a party to the proceedings in questionF62 ... to pay a deposit F63 ... [F64 as a condition of—

(i) continuing to participate in those proceedings, or

(ii) pursuing any specified allegations or arguments], and

(b) for prescribing—

(i) the manner in which the amount of any such deposit is to be determined in any particular case,

(ii) the consequences of non-payment of any such deposit, and

(iii) the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it or be paid over to another party to the proceedings.

[F65 (2ZA) Procedure Rules of the kind mentioned in subsection (2)(a) may not provide for a deposit of an amount exceeding £1,000.]

[F66 (2A) Procedure Rules may not enable a power of striking out to be exercised in a preliminary hearing on a ground which does not apply outside a preliminary hearing.]

(3) The [F67 Lord Chancellor] may from time to time by order substitute for the sum specified in subsection [F68 (2ZA)] such other sum as is specified in the order.

F69 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70 (5) In this section “preliminary hearing” means a hearing in any proceedings before an employment tribunal which takes place at a time before a hearing held for the purpose of determining them.]

Textual Amendments

F56 S. 9 heading substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(2); S.I. 2024/568, reg. 2(b)(ii)

F57 S. 9(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(3); S.I. 2024/568, reg. 2(b)(ii)

F58 Word in s. 9(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(a); S.I. 2024/568, reg. 2(b)(ii)

F59 Words in s. 9(2)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(i); S.I. 2024/568, reg. 2(b)(ii)

F60 Words in s. 9(2)(a) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(ii); S.I. 2024/568, reg. 2(b)(ii)

F61 Word in s. 9(2)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(iii); S.I. 2024/568, reg. 2(b)(ii)

F62 Words in s. 9(2)(a) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(2)(a), 103(2)

F63 Words in s. 9(2)(a) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(iv); S.I. 2024/568, reg. 2(b)(ii)

F64 Words in s. 9(2)(a) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(2)(b), 103(2)

F65 S. 9(2ZA) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(5); S.I. 2024/568, reg. 2(b)(ii)

F66 S. 9(2A) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(6); S.I. 2024/568, reg. 2(b)(ii)

F67 Words in s. 9(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(7)(a); S.I. 2024/568, reg. 2(b)(ii)

F68 Word in s. 9(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(7)(b); S.I. 2024/568, reg. 2(b)(ii)

F69 S. 9(4) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(8); S.I. 2024/568, reg. 2(b)(ii)

F70 S. 9(5) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(9); S.I. 2024/568, reg. 2(b)(ii)

Modifications etc. (not altering text)

C4 S. 9 extended (24.4.2000) by 1992 c. 52, s. 239(4)(c) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

[F71 10 National security. E+W+S

(1) If on a complaint under—

[F72 (a) section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union membership etc.),]

(b) section 111 of the Employment Rights Act 1996 (unfair dismissal),[F73 , F74 ...

(c) regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list)] [F75 or

(d) regulation 4 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 (complaint to employment tribunal),]

it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.

(2) F76 ... Regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which—

(a) a direction is given under subsection (3), or

(b) an order is made under subsection (4).

(3) A direction may be given under this subsection by a Minister of the Crown if—

(a) it relates to particular Crown employment proceedings, and

(b) the Minister considers it expedient in the interests of national security.

(4) An order may be made under this subsection by the President or a Regional [F77 Employment Judge] in relation to particular proceedings if he considers it expedient in the interests of national security.

(5) F78 ... Regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security—

(a) to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;

(b) to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;

(c) to direct a tribunal to exclude the applicant’s representatives from all or part of particular Crown employment proceedings; or

(d) to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;

(e) to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.

[F79 (6) F80 ... Regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do in relation to particular proceedings before it anything of a kind which, by virtue of subsection (5), F81 ... regulations may enable a Minister of the Crown to direct a tribunal to do in relation to particular Crown employment proceedings.]

(7) In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), F82 ... regulations may make provision—

(a) for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the applicant;

(b) about the publication and registration of reasons for the tribunal’s decision;

(c) permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

(8) Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates—

(a) is Crown employment, or

(b) is connected with the performance of functions on behalf of the Crown.

(9) The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as—

(a) a Regional Chairman,

(b) President of the Employment Tribunals (England and Wales), or

(c) President of the Employment Tribunals (Scotland).]

[F83 (10) Regulations under this section are to be made by the Lord Chancellor.]

Textual Amendments

F71 Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

F72 S. 10(1)(a) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59, Sch. 1 para. 24; S.I. 2004/2566, art. 3(b) (subject to arts. 4-8)

F73 S. 10(1)(c) and word inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), regs. 1(b), 17(2)(b)

F74 Word in s. 10(1)(b) omitted (23.5.2018) by virtue of The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(2)(a)

F75 S. 10(1)(d) and word inserted (23.5.2018) by The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(2)(b)

F76 Words in s. 10(2) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)

F77 Words in s. 10(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(3); S.I. 2013/2200, art. 3(g)

F78 Words in s. 10(5) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)

F79 S. 10(6) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 36, 59; S.I. 2004/3342, art. 4(a) (subject to arts. 5-12)

F80 Words in s. 10(6) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)

F81 Words in s. 10(6) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(3); S.I. 2024/568, reg. 2(b)(ii)

F82 Words in s. 10(7) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(3); S.I. 2024/568, reg. 2(b)(ii)

F83 S. 10(10) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(4); S.I. 2024/568, reg. 2(b)(ii)

F84 10A Confidential information. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 S. 10A omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 7; S.I. 2024/568, reg. 2(b)(ii)

F85 10B Restriction of publicity in cases involving national security. E+W+S

(1) This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)—

(a) to take steps to conceal the identity of a particular witness, or

(b) to take steps to keep secret all or part of the reasons for its decision.

(2) It is an offence to publish—

(a) anything likely to lead to the identification of the witness, or

(b) the reasons for the tribunal’s decision or the part of its reasons which it is directed or has determined to keep secret.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.

(5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) A reference in this section to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the M2 Broadcasting Act 1990.

Textual Amendments

F85 Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

Marginal Citations

M2 1990 c. 42.

11 Restriction of publicity in cases involving sexual misconduct. E+W+S

(1) [F86 Procedure Rules] may include provision—

(a) for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

(b) for cases involving allegations of sexual misconduct, enabling an [F87 employment tribunal], on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

(2) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(c) in the case of matter included in a relevant programme—

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Where a person is charged with an offence under subsection (2) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(4) Where an offence under subsection (2) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In relation to a body corporate whose affairs are managed by its members “director", in subsection (4), means a member of the body corporate.

(6) In this section—

• “identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

• “relevant programme” has the same meaning as in the M3 Sexual Offences (Amendment) Act 1992,

• “restricted reporting order” means an order—

  (a)

  made in exercise of a power conferred by [F88 Procedure Rules of the kind mentioned in subsection (1)(b)], and

  (b)

  prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,

• “sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

• “sexual offence” means any offence to which section 4 of the M4 Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the M5 Criminal Procedure (Scotland) Act 1995 applies (offences under the M6 Sexual Offences Act 1956, Part I of the M7 Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

• “written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

Textual Amendments

F86 Words in s. 11(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 8(a); S.I. 2024/568, reg. 2(b)(ii)

F87 Words in s. 11(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F88 Words in s. 11(6) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 8(b); S.I. 2024/568, reg. 2(b)(ii)

Marginal Citations

M3 1992 c. 34.

M4 1976 c. 82.

M5 1995 c. 46.

M6 1956 c. 69.

M7 1995 c. 39.

12 Restriction of publicity in disability cases. E+W+S

(1) This section applies to proceedings on a complaint under [F89 section 120 of the Equality Act 2010, where the complaint relates to disability] in which evidence of a personal nature is likely to be heard by the [F90 employment tribunal] hearing the complaint.

(2) [F91 Procedure Rules] may include provision in relation to proceedings to which this section applies for—

(a) enabling an [F90 employment tribunal], on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal, and

(b) where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.

(3) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(c) in the case of matter included in a relevant programme—

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5) Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In relation to a body corporate whose affairs are managed by its members “director", in subsection (5), means a member of the body corporate.

(7) In this section—

• “evidence of a personal nature” means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported,

• “identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

• “promulgation” has such meaning as may be prescribed by [F92 Procedure Rules made for the purposes] of this section,

• “relevant programme” means a programme included in a programme service, within the meaning of the M8 Broadcasting Act 1990,

• “restricted reporting order” means an order—

  (a)

  made in exercise of a power conferred by [F93 Procedure Rules of the kind mentioned in subsection (2)(a)], and

  (b)

  prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

• “written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

Textual Amendments

F89 Words in s. 12(1) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 30 (as inserted) (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2)

F90 Words in s. 12(1)(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F91 Words in s. 12(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 9(a); S.I. 2024/568, reg. 2(b)(ii)

F92 Words in s. 12(7) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 9(b)(i); S.I. 2024/568, reg. 2(b)(ii)

F93 Words in s. 12(7) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 9(b)(ii); S.I. 2024/568, reg. 2(b)(ii)

Commencement Information

I1 S. 12 wholly in force at 22.8.1996 with effect as mentioned in Sch. 2 Pt. II para. 7(1)(2) and S.I. 1996/3150, art. 2

Marginal Citations

M8 1990 c. 42.

[F94 Financial penalties E+W+S

Textual Amendments

F94 S. 12A and cross-heading inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 16(1), 103(1)(i), (3); S.I. 2014/253, art. 3(e)

12A Financial penalties E+W+S

(1) Where an employment tribunal determining a claim involving an employer and a worker—

(a) concludes that the employer has breached any of the worker's rights to which the claim relates, and

(b) is of the opinion that the breach has one or more aggravating features,

the tribunal may order the employer to pay a penalty to the Secretary of State (whether or not it also makes a financial award against the employer on the claim).

(2) The tribunal shall have regard to an employer's ability to pay—

(a) in deciding whether to order the employer to pay a penalty under this section;

(b) (subject to subsections (3) to (7)) in deciding the amount of a penalty.

(3) The amount of a penalty under this section shall be—

(a) at least £100;

(b) no more than [F95 £20,000.]

This subsection does not apply where subsection (5) or (7) applies.

(4) Subsection (5) applies where an employment tribunal—

(a) makes a financial award against an employer on a claim, and

(b) also orders the employer to pay a penalty under this section in respect of the claim.

(5) In such a case, the amount of the penalty under this section shall be 50% of the amount of the award, except that—

(a) if the amount of the financial award is less than £200, the amount of the penalty shall be £100;

(b) if the amount of the financial award is more than [F96 £40,000,] the amount of the penalty shall be [F97 £20,000.]

(6) Subsection (7) applies, instead of subsection (5), where an employment tribunal—

(a) considers together two or more claims involving different workers but the same employer, and

(b) orders the employer to pay a penalty under this section in respect of any of those claims.

(7) In such a case—

(a) the amount of the penalties in total shall be at least £100;

(b) the amount of a penalty in respect of a particular claim shall be—

(i) no more than [F98 £20,000,] and

(ii) where the tribunal makes a financial award against the employer on the claim, no more than 50% of the amount of the award.

But where the tribunal makes a financial award on any of the claims and the amount awarded is less than £200 in total, the amount of the penalties in total shall be £100 (and paragraphs (a) and (b) shall not apply).

(8) Two or more claims in respect of the same act and the same worker shall be treated as a single claim for the purposes of this section.

(9) Subsection (5) or (7) does not require or permit an order under subsection (1) (or a failure to make such an order) to be [F99 reconsidered or] reviewed where the tribunal subsequently awards compensation under—

(a) section 140(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (failure to comply with tribunal's recommendation),

(b) section 117 of the Employment Rights Act 1996 (failure to reinstate etc.),

(c) section 124(7) of the Equality Act 2010 (failure to comply with tribunal's recommendation), or

(d) any other provision empowering the tribunal to award compensation, or further compensation, for a failure to comply (or to comply fully) with an order or recommendation of the tribunal.

(10) An employer's liability to pay a penalty under this section is discharged if 50% of the amount of the penalty is paid no later than 21 days after the day on which notice of the decision to impose the penalty is sent to the employer.

(11) In this section—

• “claim”—

  (a)

  means anything that is referred to in the relevant legislation as a claim, a complaint or a reference, other than a reference made by virtue of section 122(2) or 128(2) of the Equality Act 2010 (reference by court of question about a non-discrimination or equality rule etc), and

  (b)

  also includes an application, under regulations made under section 45 of the Employment Act 2002, for a declaration that a person is a permanent employee;

• “employer” has the same meaning as in Part 4A of the Employment Rights Act 1996, and also—

  (a)

  in relation to an individual seeking to be employed by a person as a worker, includes that person;

  (b)

  in relation to a right conferred by section 47A or 63A of the Employment Rights Act 1996 (right to time off for young person for study or training), includes the principal within the meaning of section 63A(3) of that Act;

  (c)

  in relation to a right conferred by the Agency Workers Regulations 2010 (S.I. 2010/93), includes the hirer within the meaning of those Regulations and (where the worker is not actually employed by the temporary work agency) the temporary work agency within that meaning;

• “financial award” means an award of a sum of money, but does not including anything payable by virtue of section 13;

• “worker” has the same meaning as in Part 4A of the Employment Rights Act 1996, and also includes an individual seeking to be employed by a person as a worker.

(12) The Secretary of State may by order—

(a) amend subsection (3), (5) or (7) by substituting a different amount;

(b) amend subsection (5), (7) or (10) by substituting a different percentage;

(c) amend this section so as to alter the meaning of “claim”.

[F100 (12A) Any provision that could be made by an order under subsection (12) may instead—

(a) in the case of provision that could be made under paragraph (a) or (b) of that subsection, be included in regulations under section 37N;

(b) in the case of provision that could be made under paragraph (c) of that subsection, be included in regulations under section 37Q.]

(13) The Secretary of State shall pay sums received under this section into the Consolidated Fund.]

Textual Amendments

F95 Sum in s. 12A(3)(b) substituted (6.4.2019) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 2(2) (with reg. 3)

F96 Sum in s. 12A(5)(b) substituted (6.4.2019) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 2(3)(a) (with reg. 3)

F97 Sum in s. 12A(5)(b) substituted (6.4.2019) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 2(3)(b) (with reg. 3)

F98 Sum in s. 12A(7)(b)(i) substituted (6.4.2019) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 2(4) (with reg. 3)

F99 Words in s. 12A(9) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 10; S.I. 2024/568, reg. 2(b)(ii)

F100 S. 12A(12A) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(3), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)

Modifications etc. (not altering text)

C5 S. 12A applied (with modifications) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 138(2A), 201(3A) as inserted (6.4.2014) by 2013 c. 24, s. 103(3), Sch. 3 paras. 1, 5 (with s. 24(5)); S.I. 2014/253, art. 3(h)

[F101 Costs etc, interest and enforcement] E+W+S

Textual Amendments

F101 S. 13 cross-heading inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 3 (with s. 24(5)); S.I. 2014/253, art. 3(h)

13 Costs and expenses. E+W+S

[F102 (1) Procedure Rules may make provision for regulating matters relating to—

(a) costs or expenses;

(b) allowances payable under section 5(2)(c) or (3).]

[F103 (1A) [F104 Procedure Rules may, in particular,] include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an award against him F105 ....

(1B) [F106 Procedure Rules may, in particular,] include provision for authorising an employment tribunal—

(a) to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

(b) to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings;

(c) to order a representative of a party to proceedings before it to meet all or part of any allowances payable by the Secretary of State under section 5(2)(c) or (3) by reason of the representative’s conduct of the proceedings.

(1C) [F107 Procedure Rules may, in particular,] include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1)(a) or (1B)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in [F108 the county court]).]

(2) In relation to proceedings under section 111 of the M9 Employment Rights Act 1996—

(a) where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint, F109 ...

F110 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F111 Procedure Rules must] include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed F109 ... or of comparable or suitable employment.

[F112 (3) [F113 If Procedure Rules make provision of the kind mentioned in subsection (1)(a), Procedure Rules must also] include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an award against the party who made the application in respect of any costs or expenses connected with the postponement, except in circumstances specified in the [F114 Rules].

(4) For the purposes of subsection (3)—

(a) a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with [F115 Procedure Rules] (whether before or after the hearing has begun), and

(b) “postponement” includes adjournment.]

Textual Amendments

F102 S. 13(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(2); S.I. 2024/568, reg. 2(b)(ii)

F103 S. 13(1)-(1C) substituted (9.7.2004) for s. 13(1) by 2002 c. 22, ss. 22(1), 55(2); S.I. 2004/1717, art. 2(1)

F104 Words in s. 13(1A) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(3)(a); S.I. 2024/568, reg. 2(b)(ii)

F105 Words in s. 13(1A) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(3)(b); S.I. 2024/568, reg. 2(b)(ii)

F106 Words in s. 13(1B) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(4); S.I. 2024/568, reg. 2(b)(ii)

F107 Words in s. 13(1C) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(5); S.I. 2024/568, reg. 2(b)(ii)

F108 Words in s. 13(1C) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F109 Words in s. 13(2)(a)(c) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 4(a), Sch. 9(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. II, Sch. 2 Pt. II

F110 S. 13(2)(b) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 4, Sch. 9(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. II, Sch. 2 Pt. II

F111 Words in s. 13(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(6); S.I. 2024/568, reg. 2(b)(ii)

F112 S. 13(3)(4) inserted (26.3.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 151(3), 164(2)(d)

F113 Words in s. 13(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(7)(a); S.I. 2024/568, reg. 2(b)(ii)

F114 Word in s. 13(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(7)(b); S.I. 2024/568, reg. 2(b)(ii)

F115 Words in s. 13(4)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 11(8); S.I. 2024/568, reg. 2(b)(ii)

Marginal Citations

M9 1996 c. 18.

[F116 13A Payments in respect of preparation time E+W+S

(1) [F117 Procedure Rules] may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.

(2) [F118 Procedure Rules may, in particular,] include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an order against him [F119 as described in subsection (1)].

[F120 (2A) [F121 If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also] include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the [F122 Rules].

(2B) For the purposes of subsection (2A)—

(a) a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with [F123 Procedure Rules] (whether before or after the hearing has begun), and

(b) “postponement” includes adjournment.]

(3) If [F124 Procedure Rules] include—

(a) provision of the kind mentioned in subsection (1), and

(b) provision [F125 for the award of costs or expenses],

they shall also [F126 , subject to subsection (4), ] include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.]

[F127 (4) Subsection (3) does not require [F128 Procedure Rules] to include provision to prevent an employment tribunal from making—

(a) an order of the kind mentioned in subsection (1), and

(b) an award [F129 of costs or expenses] that is limited to witnesses' expenses.]

Textual Amendments

F116 S. 13A inserted (9.7.2004) by 2002 c. 22, ss. 22(2), 55(2); S.I. 2004/1717, art. 2(1)

F117 Words in s. 13A(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(2); S.I. 2024/568, reg. 2(b)(ii)

F118 Words in s. 13A(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(3)(a); S.I. 2024/568, reg. 2(b)(ii)

F119 Words in s. 13A(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(3)(b); S.I. 2024/568, reg. 2(b)(ii)

F120 S. 13A(2A)(2B) inserted (26.3.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 151(4), 164(2)(d)

F121 Words in s. 13A(2A) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(4)(a); S.I. 2024/568, reg. 2(b)(ii)

F122 Word in s. 13A(2A) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(4)(b); S.I. 2024/568, reg. 2(b)(ii)

F123 Words in s. 13A(2B)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(5); S.I. 2024/568, reg. 2(b)(ii)

F124 Words in s. 13A(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(6)(a); S.I. 2024/568, reg. 2(b)(ii)

F125 Words in s. 13A(3)(b) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(6)(b); S.I. 2024/568, reg. 2(b)(ii)

F126 Words in s. 13A(3) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(3)(a), 103(2)

F127 S. 13A(4) inserted (25.4.2013 for specified purposes, 25.6.2016 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(3)(b), 103(1)(i)(2)

F128 Words in s. 13A(4) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(7)(a); S.I. 2024/568, reg. 2(b)(ii)

F129 Words in s. 13A(4)(b) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 12(7)(b); S.I. 2024/568, reg. 2(b)(ii)

14 Interest. E+W+S

(1) The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of [F130 employment tribunals] shall carry interest at such rate and between such times as may be prescribed by the order.

(2) Any interest due by virtue of such an order shall be recoverable as a sum payable in pursuance of the decision.

(3) The power conferred by subsection (1) includes power—

(a) to specify cases or circumstances in which interest is not payable,

(b) to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,

(c) to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,

(d) to provide that any enactment—

(i) does or does not apply in relation to interest payable by virtue of subsection (1), or

(ii) applies to it with such modifications as may be specified in the order,

(e) to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from [F130 employment tribunals],

(f) to make such incidental or supplemental provision as the Secretary of State considers necessary.

(4) In particular, an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M10 Judgments Act 1838 as that enactment has effect from time to time.

Textual Amendments

F130 Words in s. 14(1)(3)(e) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M10 1838 c. 110.

15 Enforcement. E+W+S

(1) Any sum payable in pursuance of a decision of an [F131 employment tribunal] in England and Wales which has been registered in accordance with [F132 Procedure Rules] [F133 shall be recoverable [F134 under section 85 of the County Courts Act 1984] or otherwise as if it were payable under an order of [F135 the county court]. ]

(2) Any order for the payment of any sum made by an [F131 employment tribunal] in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) In this section a reference to a decision or order of an [F131 employment tribunal]—

(a) does not include a decision or order which, on being [F136 reconsidered or] reviewed, has been revoked by the tribunal, and

(b) in relation to a decision or order which on being [F137 reconsidered or] reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

Textual Amendments

F131 Words in s. 15 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F132 Words in s. 15(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 14(a); S.I. 2024/568, reg. 2(b)(iii)

F133 Words in s. 15(1) substituted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 43; S.I. 2008/2696, art. 6(b)(ii)

F134 Words in s. 15(1) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 125 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F135 Words in s. 15(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F136 Words in s. 15(3)(a) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 14(b); S.I. 2024/568, reg. 2(b)(iii)

F137 Words in s. 15(3)(b) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 14(b); S.I. 2024/568, reg. 2(b)(iii)

Recoupment of social security benefits E+W+S

16 Power to provide for recoupment of benefits. E+W+S

(1) This section applies to payments which are the subject of proceedings before [F138 employment tribunals] and which are—

(a) payments of wages or compensation for loss of wages,

(b) payments by employers to employees under sections 146 to 151, sections 168 to 173 or section 192 of the M11 Trade Union and Labour Relations (Consolidation) Act 1992,

(c) payments by employers to employees under—

(i) Part III, V, VI or VII,

(ii) section 93, or

(iii) Part X,

of the M12 Employment Rights Act 1996, F139 ...

(d) payments by employers to employees of a nature similar to, or for a purpose corresponding to the purpose of, payments within paragraph (b) or (c),[F140 F141 ...

(e) payments by employers to employees under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010,][F142 or

(f) payments by NHS employers to applicants under regulation 6 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 (remedies),]

and to payments of remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2) The Secretary of State may by regulations make with respect to payments to which this section applies provision for any or all of the purposes specified in subsection (3).

(3) The purposes referred to in subsection (2) are—

(a) enabling the Secretary of State to recover from an employer, by way of total or partial recoupment of [F143 universal credit,] jobseeker’s allowance [F144 , income support or income-related employment and support allowance ] —

(i) a sum not exceeding the amount of the prescribed element of the monetary award, or

(ii) in the case of a protective award, the amount of the remuneration,

(b) requiring or authorising an [F138 employment tribunal] to order the payment of such a sum, by way of total or partial recoupment of [F145 universal credit,] [F146 jobseeker's allowance, income support or income-related employment and support allowance ] , to the Secretary of State instead of to an employee, and

(c) requiring an [F138 employment tribunal] to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any [F147 universal credit,] jobseeker’s allowance [F148 , income support or income-related employment and support allowance ] shown to the tribunal to have been paid to the employee and enabling the Secretary of State to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

(4) Regulations under this section may be framed—

(a) so as to apply to all payments to which this section applies or to one or more classes of those payments, and

[F149 (b) so as to apply to all or any of the benefits mentioned in subsection (3).]

(5) Regulations under this section may—

(a) confer powers and impose duties on [F138 employment tribunals] or [F150 adjudication officers or] other persons,

(b) impose on an employer to whom a monetary award or protective award relates a duty—

(i) to furnish particulars connected with the award, and

(ii) to suspend payments in pursuance of the award during any period prescribed by the regulations,

(c) provide for an employer who pays a sum to the Secretary of State in pursuance of this section to be relieved from any liability to pay the sum to another person,

[F151 (cc) provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of [F152 universal credit,] a jobseeker’s allowance, unemployment benefit [F153 , income support or income-related employment and support allowance ] ,

F151 (d) confer on an employee a right of appeal to [F154 the First-tier Tribunal] against any decision of the Secretary of State on any such issue, and]

(e) provide for the proof in proceedings before [F138 employment tribunals] (whether by certificate or in any other manner) of any amount of [F155 universal credit,] jobseeker’s allowance [F156 , income support or income-related employment and support allowance ] paid to an employee.

(6) Regulations under this section may make different provision for different cases.

Textual Amendments

F138 Words in s. 16(1)(3)(c)(5)(a)(e) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F139 Word in s. 16(1)(c) omitted (2.3.2010) by virtue of The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), regs. 1(b), 17(3)(a)

F140 S. 16(1)(e) and word inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), regs. 1(b), 17(3)(b)

F141 Word in s. 16(1)(d) omitted (23.5.2018) by virtue of The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(3)(a)

F142 S. 16(1)(f) and word inserted (23.5.2018) by The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(3)(b)

F143 Words in s. 16(3)(a) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(2)(a)

F144 Words in s. 16(3)(a) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(2)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F145 Words in s. 16(3)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(2)(a)

F146 Words in s. 16(3)(b) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(2)(b); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F147 Words in s. 16(3)(c) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(2)(a)

F148 Words in s. 16(3)(c) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(2)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F149 S. 16(4)(b) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(2)(c); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F150 Words in s. 16(5)(a) repealed (18.10.1999 and 29.11.1999 for certain purposes and otherwise prosp.) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 147(a), Sch. 8; S.I. 1999/2860, art. 2 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F151 S. 16(5)(cc)(d) substituted for s. 16(5)(d) (18.10.1999 and 29.11.1999 for certain purposes and otherwise prosp.) by 1998 c. 14, s. 86(1), Sch. 7 para. 147(b); S.I. 1999/2860, art. 2 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F152 Words in s. 16(5)(cc) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(3)

F153 Words in s. 16(5)(cc) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(2)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F154 Words in s. 16(5)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 137

F155 Words in s. 16(5)(e) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(2)(b)

F156 Words in s. 16(5)(e) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(2)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

Marginal Citations

M11 1992 c. 52.

M12 1996 c. 18.

17 Recoupment: further provisions. E+W+S

(1) Where in pursuance of any regulations under section 16 a sum has been recovered by or paid to the Secretary of State by way of total or partial recoupment of [F157 universal credit,] jobseeker’s allowance [F158 , income support or income-related employment and support allowance ] —

(a) no sum shall be recoverable under Part III or V of the M13 Social Security Administration Act 1992, and

(b) no abatement, payment or reduction shall be made by reference to the [F159 universal credit,] jobseeker’s allowance [F158 , income support or income-related employment and support allowance ] recouped.

(2) Any amount found to have been duly recovered by or paid to the Secretary of State in pursuance of regulations under section 16 by way of total or partial recoupment of jobseeker’s allowance shall be paid into the National Insurance Fund.

(3) In section 16—

• “monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that section, and

• “the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that section.

(4) In section 16 “income-based jobseeker’s allowance” has the same meaning as in the M14 Jobseekers Act 1995.

[F160 (5) In this section and section 16 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).]

Textual Amendments

F157 Words in s. 17(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(4)

F158 Words in s. 17(1) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(3); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F159 Words in s. 17(1)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 11(4)

F160 S. 17(5) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(4); S.I. 2008/787, art. 2(1)(4)(f), Sch.

Marginal Citations

M13 1992 c. 5.

M14 1995 c. 18.

Conciliation E+W+S

18 Conciliation [F161 : relevant proceedings etc.]. E+W+S

[F162 (1) In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings—]

[F163 (a) under section 66, 68A, 70C, 87, 137, 138, 145A, 145B, 146, 168, 168A, 169, 170, 174, 189 or 192 of, or paragraph 156 of Schedule A1 to, the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) under section 11, 23, [F164 27K, 27N,] 34, 63I, 70, 70A, 80(1), 80H, 93, 111, 163 or 177 of the Employment Rights Act 1996, or under Part 5 or 6 of that Act,

(c) under section 11, 19D(1)(a) or 24 of the National Minimum Wage Act 1998,

(d) under section 56 of the Pensions Act 2008,

(e) under section 120 or 127 of the Equality Act 2010,

(f) under regulation 11 of the Safety Representatives and Safety Committees Regulations 1977,

(g) under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994,

(h) under article 6 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994,

(i) under paragraph 2 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996,

(j) under regulation 30 of the Working Time Regulations 1998,

(k) under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulation 1999,

(l) under regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000,

(m) under regulation 7 or 9 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002,

[F165 (n) under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).]

(o) under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002,

(p) under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003,

(q) under regulation 18 of the Civil Aviation (Working Time) Regulations 2004,

(r) under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004,

(s) under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004,

(t) under paragraphs 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006,

(u) under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006,

F166 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(w) under regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008,

(x) under regulation 9 of Ecclesiastical Offices (Terms of Service) Regulations 2009,

(y) under regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009,

(z) under regulation 18 of the Agency Workers Regulations 2010,

(z1) under regulation 17 of the Employee Study and Training (Procedural Requirements) Regulations 2010, F167 ...

(z2) under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010] [F168 , F169 ...

(z3) under regulation 3 of the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015][F170 , F171 ...

(z4) under regulation 6 of the Posted Workers (Enforcement of Employment Rights) Regulations 2016] F172 [F173 ...

(z5) under regulation 4 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018] [F174 , F175 ...

(z6) under paragraph (3) of regulation 4 or paragraph (6) of regulation 5 of the Agency Workers (Amendment) Regulations 2019] [F176 , or

(z7) under regulation 8 of the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.]

[F177 (1A) Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.]

F178 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In proceeding under [F180 any of sections 18A to 18C] a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

(7) Anything communicated to a conciliation officer in connection with the performance of his functions under [F180 any of sections 18A to 18C] shall not be admissible in evidence in any proceedings before an [F181 employment tribunal], except with the consent of the person who communicated it to that officer.

(8) The Secretary of State [F182 and the Lord Chancellor, acting jointly,] may by order [F183 amend the definition of “relevant proceedings” in subsection (1) by adding to or removing from the list in that subsection particular types of employment tribunal proceedings.]

[F184 (9) An order under subsection (8) that adds employment tribunal proceedings to the list in subsection (1) may amend an enactment so as to extend the time limit for instituting those proceedings in such a way as appears necessary or expedient in order to facilitate the conciliation process provided for by section 18A.

(10) An order under subsection (8) that removes employment tribunal proceedings from the list in subsection (1) may—

(a) repeal or revoke any provision of an enactment that, for the purpose mentioned in subsection (9), extends the time limit for instituting those proceedings;

(b) make further amendments which are consequential on that repeal or revocation.]

Textual Amendments

F161 Words in s. 18 heading inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 5(2); S.I. 2014/253, art. 3(f)

F162 Words in s. 18(1) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 5(3); S.I. 2014/253, art. 3(f)

F163 S. 18(1)(a)-(z2) substituted for s. 18(1)(a)-(y) (6.4.2014) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 (S.I. 2014/431), arts. 1, 2

F164 Words in s. 18(1)(b) inserted (31.7.2023 for specified purposes) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 12(3)(b), 14(2); S.I. 2023/876, reg. 3(c)

F165 S. 18(1)(n) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), reg. 1, Sch. 2 para. 1(a) (with regs. 3, 4)

F166 S. 18(1)(v) omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 3 para. 3; 2020 c. 1, Sch. 5 para. 1(1)

F167 Word in s. 18(1) omitted (11.1.2016) by virtue of The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2015 (S.I. 2015/2054), arts. 1, 2(2)(a)

F168 S. 18(1)(z3) and word inserted (11.1.2016) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2015 (S.I. 2015/2054), arts. 1, 2(2)(b)

F169 Word in s. 18(1) omitted (18.6.2016) by virtue of The Posted Workers (Enforcement of Employment Rights) Regulations 2016 (S.I. 2016/539), regs. 1(1), 10(2)(a)

F170 S. 18(1)(z4) and word inserted (18.6.2016) by The Posted Workers (Enforcement of Employment Rights) Regulations 2016 (S.I. 2016/539), regs. 1(1), 10(2)(b)

F171 Word in s. 18(1)(z3) omitted (23.5.2018) by virtue of The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(4)(a)

F172 Word in s. 18(1) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 8(4)(a) (with reg. 7)

F173 S. 18(1)(z5) and word inserted (23.5.2018) by The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(4)(b)

F174 S. 18(1)(z6) and word inserted (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 8(4)(b) (with reg. 7)

F175 Word in s. 18(1)(z5) omitted (5.12.2022) by virtue of The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2022 (S.I. 2022/1181), arts. 1(2), 2(2)(a)

F176 S. 18(1)(z7) and word inserted (5.12.2022) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2022 (S.I. 2022/1181), arts. 1(2), 2(2)(b)

F177 S. 18(1A) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 5(7); S.I. 2014/253, art. 3(f)

F178 S. 18(2)-(5) omitted (6.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 5(8); S.I. 2014/253, art. 3(f) (with art. 5(2))

F179 S. 18(2A) repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 6(1), 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3, Sch.)

F180 Words in s. 18(6)(7) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 5(9); S.I. 2014/253, art. 3(f) (with art. 5(1))

F181 Words in s. 18 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F182 Words in s. 18(8) inserted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 38; S.I. 2007/2709, art. 4

F183 Words in s 18(8) substituted for s. 18(8)(a)(b) (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 9(2), 103(1)(i)(3); S.I. 2014/253, art. 3(d)

F184 S. 18(9)(10) inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 9(3), 103(1)(i)(3); S.I. 2014/253, art. 3(d)

Modifications etc. (not altering text)

C6 S. 18 applied (6.4.2006 with application as mentioned in reg. 21(1) of the applying S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 16(1) (with reg. 21(5))

S. 18 applied (6.4.2006 with application as mentioned in reg. 21(1) of the applying S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 12(7)

[F185 18A Requirement to contact ACAS before instituting proceedings E+W+S

(1) Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter.

This is subject to subsection (7).

(2) On receiving the prescribed information in the prescribed manner, ACAS shall send a copy of it to a conciliation officer.

(3) The conciliation officer shall, during the prescribed period, endeavour to promote a settlement between the persons who would be parties to the proceedings.

(4) If—

(a) during the prescribed period the conciliation officer concludes that a settlement is not possible, or

(b) the prescribed period expires without a settlement having been reached,

the conciliation officer shall issue a certificate to that effect, in the prescribed manner, to the prospective claimant.

(5) The conciliation officer may continue to endeavour to promote a settlement after the expiry of the prescribed period.

(6) In subsections (3) to (5) “settlement” means a settlement that avoids proceedings being instituted.

(7) A person may institute relevant proceedings without complying with the requirement in subsection (1) in prescribed cases.

The cases that may be prescribed include (in particular)—

• cases where the requirement is complied with by another person instituting relevant proceedings relating to the same matter;

• cases where proceedings that are not relevant proceedings are instituted by means of the same form as proceedings that are;

• cases where section 18B applies because ACAS has been contacted by a person against whom relevant proceedings are being instituted.

(8) A person who is subject to the requirement in subsection (1) may not present an application to institute relevant proceedings without a certificate under subsection (4).

(9) Where a conciliation officer acts under this section in a case where the prospective claimant has ceased to be employed by the employer and the proposed proceedings are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular—

(a) seek to promote the reinstatement or re-engagement of the prospective claimant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b) where the prospective claimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the prospective claimant.

(10) In subsections (1) to (7) “prescribed” means prescribed in [F186 regulations made by the Secretary of State].

(11) The Secretary of State may by F187 ... regulations make such further provision as appears to the Secretary of State to be necessary or expedient with respect to the conciliation process provided for by subsections (1) to (8).

(12) [F188 The regulations] may (in particular) make provision—

(a) authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by [F189 the regulations] to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4);

(b) requiring ACAS to give a person any necessary assistance to comply with the requirement in subsection (1);

(c) for the extension of the period prescribed for the purposes of subsection (3);

(d) treating the requirement in subsection (1) as complied with, for the purposes of any provision extending the time limit for instituting relevant proceedings, by a person who is relieved of that requirement by virtue of subsection (7)(a).

Textual Amendments

F185 Ss. 18A, 18B inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 7(1), 103(1)(i)(3); S.I. 2014/253, art. 3(a)(b) (with arts. 4, 5)

F186 Words in s. 18A(10) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(2); S.I. 2024/568, reg. 2(b)(iii)

F187 Words in s. 18A(11) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(3); S.I. 2024/568, reg. 2(b)(iii)

F188 Words in s. 18A(12) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(4)(a); S.I. 2024/568, reg. 2(b)(iii)

F189 Words in s. 18A(12)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(4)(b); S.I. 2024/568, reg. 2(b)(iii)

18B Conciliation before institution of proceedings: other ACAS duties E+W+S

(1) This section applies where—

(a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings against that person, and

(b) ACAS has not received information from the prospective claimant under section 18A(1).

(2) This section also applies where—

(a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings by that person, and

(b) the requirement in section 18A(1) would apply to that person but for section 18A(7).

(3) Where this section applies a conciliation officer shall endeavour to promote a settlement between the persons who would be parties to the proceedings.

(4) If at any time—

(a) the conciliation officer concludes that a settlement is not possible, or

(b) a conciliation officer comes under the duty in section 18A(3) to promote a settlement between the persons who would be parties to the proceedings,

the duty in subsection (3) ceases to apply at that time.

(5) In subsections (3) and (4) “settlement” means a settlement that avoids proceedings being instituted.

(6) Subsection (9) of section 18A applies for the purposes of this section as it applies for the purposes of that section.]

Textual Amendments

F185 Ss. 18A, 18B inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 7(1), 103(1)(i)(3); S.I. 2014/253, art. 3(a)(b) (with arts. 4, 5)

[F190 18C Conciliation after institution of proceedings E+W+S

(1) Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement—

(a) if requested to do so by the person by whom and the person against whom the proceedings are brought, or

(b) if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success.

(2) Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular—

(a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

(3) In subsection (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.]

Textual Amendments

F190 S. 18C inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 6; S.I. 2014/253, art. 3(f)

19 Conciliation procedure. E+W+S

[F191 (1)] [F192 Procedure Rules must] include in relation to [F193 employment tribunal] proceedings in the case of which any enactment makes provision for conciliation—

(a) provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer, [F194 and]

(b) provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, F195 . . .

F195 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F196 (2) F197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F191 S. 19 renumbered (9.7.2004) as s. 19(1) by 2002 c. 22, ss. 24(4), 55(2); S.I. 2004/1717, art. 2(1)

F192 Words in s. 19(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 16; S.I. 2024/568, reg. 2(b)(iii)

F193 Words in s. 19 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F194 Word in s. 19(a) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 53, 55(2), Sch. 7 para. 23(3); S.I. 2004/2185, art. 2

F195 S. 19(c) and word immediately before it repealed (6.4.2003) by 2002 c. 22, ss. 24(3), 54, Sch. 8; S.I. 2002/2866, art. 2(4)(5), Sch. 2 Pt. 2

F196 S. 19(2) inserted (9.7.2004) by 2002 c. 22, ss. 24(4), 55(2); S.I. 2004/1717, art. 2(1)

F197 S. 19(2) repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 6(2), 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3, Sch.)

[F198 19A Conciliation: recovery of sums payable under [F199 settlements] E+W+S

(1) Subsections (3) to (6) apply if—

(a) a conciliation officer—

(i) has taken action under [F200 any of sections 18A to 18C] in a case, and

(ii) issues a certificate in writing stating that a [F201 settlement] has been reached in the case, and

(b) all of the terms of the [F201 settlement] are set out—

(i) in a single relevant document, or

(ii) in a combination of two or more relevant documents.

(2) A document is a “relevant document” for the purposes of subsection (1) if—

(a) it is the certificate, or

(b) it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.

(3) Any sum payable by a person under the terms of the [F202 settlement] (a “ [F202 settlement] sum”) shall, subject to subsections (4) to (7), be recoverable—

(a) in England and Wales, by execution issued from [F203 the county court] or otherwise as if the sum were payable under an order of that court;

(b) in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) A [F204 settlement] sum is not recoverable under subsection (3) if—

(a) the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and

(b) that declaration is made.

(5) If rules of court so provide, a [F205 settlement] sum is not recoverable under subsection (3) during the period—

(a) beginning with the issue of the certificate, and

(b) ending at such time as may be specified in, or determined under, rules of court.

(6) If the terms of the [F206 settlement] provide for the person to whom a [F206 settlement] sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—

(a) in England and Wales, only if [F203 the county court] so orders;

(b) in Scotland, only if the sheriff so orders.

(7) Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.

(8) An application for a declaration under subsection (4) may be made to an employment tribunal, [F203 the county court] or the sheriff.

(9) [F207 Procedure Rules] may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.

(10) Rules of court may make provision as to—

(a) the time within which an application to [F203 the county court] for a declaration under subsection (4) is to be made;

(b) the time within which an application to the sheriff for a declaration under subsection (4) is to be made;

(c) when an application (whether made to [F203 the county court], the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).

[F208 (10A) A term of any document which is a relevant document for the purposes of subsection (1) is void to the extent that it purports to prevent the disclosure of any provision of any such document to a person appointed or authorised to act under section 37M.]

(11) Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.

(12) In this section “ [F209 settlement] ” (except in the phrase “ [F209 settlement] sum”) means a settlement F210 ... to avoid proceedings or bring proceedings to an end.]

Textual Amendments

F198 S. 19A inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 142, 148; S.I. 2008/2696, art. 6(a)

F199 Word in s. 19A heading substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(c), 103(3); S.I. 2013/1648, art. 2(c)

F200 Words in s. 19A(1)(a)(i) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 7; S.I. 2014/253, art. 3(f) (with art. 5(1))

F201 Word in s. 19A(1) substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(a), 103(3); S.I. 2013/1648, art. 2(c)

F202 Word in s. 19A(3) substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(a), 103(3); S.I. 2013/1648, art. 2(c)

F203 Words in s. 19A substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F204 Word in s. 19A(4) substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(a), 103(3); S.I. 2013/1648, art. 2(c)

F205 Word in s. 19A(5) substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(a), 103(3); S.I. 2013/1648, art. 2(c)

F206 Word in s. 19A(6) substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(a), 103(3); S.I. 2013/1648, art. 2(c)

F207 Words in s. 19A(9) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 17; S.I. 2024/568, reg. 2(b)(iii)

F208 S. 19A(10A) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(4), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)

F209 Word in s. 19A(12) substituted (29.7.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(b)(i), 103(3); S.I. 2013/1648, art. 2(c)

F210 Words in s. 19A(12) omitted (29.7.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 23(2)(b)(ii), 103(3); S.I. 2013/1648, art. 2(c)