Employment Tribunals Act 1996

Changes over time for: Section 13A

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Status:

Point in time view as at 25/04/2024.

Changes to legislation:

Employment Tribunals Act 1996, Section 13A is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F113A Payments in respect of preparation timeE+W+S

(1)[F2Procedure 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)[F3Procedure 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 [F4as described in subsection (1)].

[F5(2A)[F6If 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 [F7Rules].

(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 [F8Procedure Rules] (whether before or after the hearing has begun), and

(b)“postponement” includes adjournment.]

(3)If [F9Procedure Rules] include—

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

(b)provision [F10for the award of costs or expenses],

they shall also [F11 , 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.]

[F12(4)Subsection (3) does not require [F13Procedure 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 [F14of costs or expenses] that is limited to witnesses' expenses.]

Textual Amendments

F1S. 13A inserted (9.7.2004) by 2002 c. 22, ss. 22(2), 55(2); S.I. 2004/1717, art. 2(1)

F2Words 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)

F3Words 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)

F4Words 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)

F5S. 13A(2A)(2B) inserted (26.3.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 151(4), 164(2)(d)

F6Words 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)

F7Word 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)

F8Words 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)