The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024

Amendment of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

8.—(1) The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013(1) are amended as follows.

(2) In regulation 8(4) (panels of members for tribunals), omit the words from “and may select” to the end.

(3) Omit regulation 9 (composition of tribunals).

(4) In regulation 10 (national security proceedings – panel of members and composition of tribunals), omit paragraph (2).

(5) In Schedule 1 (the employment tribunals rules of procedure)—

(a) in rule 1 (interpretation)—

(i) in paragraph (1), after the definition of “President” insert—

““presiding member” means a member selected by the Senior President of Tribunals in accordance with regulation 6(4) of the Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2023;”

(ii) omit paragraph (2);

(b) in rule 13 (reconsideration of rejection)—

(i) in paragraph (3)—

(aa) for “an Employment Judge” substitute “the Tribunal”, and

(bb) for “the Judge” substitute “the Tribunal”;

(ii) in paragraph (4), for “Judge” substitute “Tribunal”;

(c) in rule 19 (reconsideration of rejection)—

(i) in paragraph (3)—

(aa) for “an Employment Judge” substitute “the Tribunal”, and

(bb) for “the Judge” substitute “the Tribunal”;

(ii) in paragraph (4)—

(aa) for “a Judge” substitute “the Tribunal”, and

(bb) for “the Judge” substitute “the Tribunal”;

(d) in rule 20(3) (applications for extension of time for presenting response), for “An Employment Judge” substitute “The Tribunal”;

(e) in rule 21(2) (effect of non-presentation or rejection of response, or case not contested)—

(i) for “An Employment Judge” substitute “The Tribunal”;

(ii) for “a Judge”, in each place it appears, substitute “the Tribunal”;

(iii) for “the Judge” substitute “the Tribunal”;

(iv) after the words “shall be fixed” omit “before a Judge alone”;

(f) in rule 26 (initial consideration)—

(i) in paragraph (1)—

(aa) for “Employment Judge” substitute “Tribunal”,

(bb) for “the Tribunal” substitute “it”,

(cc) for “the jurisdiction of the Tribunal” substitute “its jurisdiction”, and

(dd) omit “the Judge”;

(ii) in paragraph (2), for “the Judge” substitute “the Tribunal”;

(g) in rule 27 (dismissal of claim (or part))—

(i) in paragraph (1)—

(aa) for “Employment Judge” substitute “Tribunal”, and

(bb) in both instances in which it occurs, for “the Tribunal” substitute “it”;

(ii) in sub-paragraph (1)(a), for “the Judge’s” substitute “the Tribunal’s”;

(iii) in paragraph (3), for “an Employment Judge” substitute “the Tribunal”;

(iv) in paragraph (4), for “the Judge” substitute “the Tribunal”;

(h) in rule 28 (dismissal of response (or part))—

(i) in paragraph (1), for “Employment Judge” substitute “Tribunal”;

(ii) in sub-paragraph (1)(a), for “Judge’s” substitute “Tribunal’s”;

(iii) in paragraph (3), for “an Employment Judge” substitute “the Tribunal”;

(iv) in paragraph (4), for “the Judge” substitute “the Tribunal”;

(i) in rule 36(1) (lead cases), omit “or the President”;

(j) omit rule 49 (majority decisions);

(k) omit rule 55 (constitution of tribunal for preliminary hearings);

(l) in rule 60 (decisions made without a hearing), for “Employment Judge who has” substitute “member or members of the Tribunal who have”;

(m) in rule 61(3) (decisions made at or following a hearing), for “Employment Judge” substitute “presiding member”;

(n) in rule 62 (reasons), in both places where it occurs, for “Employment Judge” substitute “presiding member”;

(o) in rule 63 (absence of employment judge)—

(i) in the title, for “Employment Judge” substitute “Presiding Member”;

(ii) for “Employment Judge” substitute “presiding member”;

(iii) for “full tribunal” substitute “tribunal composed of more than one member”;

(p) in rule 69 (correction of clerical mistakes and accidental slips)—

(i) for “An Employment Judge” substitute “The Tribunal”;

(ii) for “Judge” substitute “presiding member of the Tribunal that made the correction”;

(q) in rule 72 (process)—

(i) in paragraph (1)—

(aa) for “An Employment Judge” substitute “The Tribunal”,

(bb) for “the Judge” substitute “the Tribunal”, and

(cc) for “Judge’s” substitute “Tribunal’s”;

(ii) in paragraph (2), for “Employment Judge” substitute “Tribunal”;

(iii) omit paragraph (3);

(r) in rule 78(1)(b) (the amount of a costs order), in both instances in which it occurs, for “an Employment Judge” substitute “the Tribunal”;

(s) in rule 89 (substituted service), for “President, Vice President or a Regional Employment Judge” substitute “Tribunal”;

(t) in rule 97 (collective agreements)—

(i) in paragraph (b), for “an Employment Judge” substitute “the Tribunal”;

(ii) in both places where it occurs, for “the Judge” substitute “the Tribunal”.

(6) In Schedule 3 (the employment tribunals (equal value) rules of procedure)—

(a) in rule 6(1) (conduct of stage 2 equal value hearing), for “Any stage 2 equal value hearing shall be conducted by a full tribunal hearing and at the hearing” substitute “At a stage 2 equal value hearing”;

(b) in rule 12 (procedural matters), omit paragraph (3).

(1)

S.I. 2013/1237. The relevant amending instrument is S.I. 2020/1003. There are other amendments not relevant to these Regulations.