Employment Tribunals Act 1996

Changes over time for: Section 13

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Changes to legislation:

Employment Tribunals Act 1996, Section 13 is up to date with all changes known to be in force on or before 22 December 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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Changes and effects yet to be applied to Section 13:

s. 7A(2F) inserted by 2022 c. 35 Sch. 4 para. 1(2)
s. 29A(11) inserted by 2022 c. 35 Sch. 4 para. 1(3)
s. 30A inserted by 2022 c. 35 Sch. 5 para. 19
Sch. A1 para. 21A inserted by 2022 c. 35 Sch. 4 para. 1(4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 7A(2F) inserted by 2022 c. 35 Sch. 4 para. 1(2)
s. 29A(11) inserted by 2022 c. 35 Sch. 4 para. 1(3)
s. 30A inserted by 2022 c. 35 Sch. 5 para. 19
Sch. A1 para. 21A inserted by 2022 c. 35 Sch. 4 para. 1(4)

13 Costs and expenses.E+W+S

[F1(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).]

[F2(1A)[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 award against him F4....

(1B)[F5Procedure 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)[F6Procedure 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 [F7the county court]).]

(2)In relation to proceedings under section 111 of the M1Employment 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, F8...

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10Procedure 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 F8... or of comparable or suitable employment.

[F11(3)[F12If 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 [F13Rules].

(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 [F14Procedure Rules] (whether before or after the hearing has begun), and

(b)“postponement” includes adjournment.]

Textual Amendments

F1S. 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)

F2S. 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)

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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

F9S. 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

F10Words 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)