Employment Rights (Dispute Resolution) Act 1998

3 Hearings etc. by chairman alone. E+W+S

(1) In section 4 of the Employment Tribunals Act 1996 (which makes provision about the composition of an employment tribunal), subsection (3) (which specifies the tribunal proceedings which are to be heard by the chairman alone unless he decides otherwise) is amended in accordance with subsections (2) to (5).

(2) In paragraph (a) (which specifies proceedings under the M1 Trade Union and Labour Relations (Consolidation) Act 1992)—

(a) after “proceedings” insert “ on a complaint under section 68A or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or ”, and

(b) for “the M2 Trade Union and Labour Relations (Consolidation) Act 1992” substitute “ that Act ”.

(3) In paragraph (c) (which specifies proceedings under the M3 Employment Rights Act 1996)—

(a) after “proceedings” insert “ on a reference under section 11, 163 or 170 of the Employment Rights Act 1996, ”,

(b) after “section 23” insert “ , 34 ”,

(c) for “the Employment Rights Act 1996 or” substitute “ that Act, on a complaint under section 70(1) of that Act relating to section 64 of that Act, ”, and

(d) after “that” insert “ Act or for an appointment under section 206(4) of that ”.

(4) After that paragraph insert—

“(ca) proceedings on a complaint under regulation 11(5) of the M4 Transfer of Undertakings (Protection of Employment) Regulations 1981,”.

(5) Omitparagraph (f) (which specifies proceedings in which the person bringing the proceedings has given written notice withdrawing the case), apart from the word “and”.

(6) After subsection (6) of that section (which makes provision for employment tribunal procedure regulations to provide that any act required or authorised by the regulations to be done by a tribunal may be done by the chairman alone) insert—

“(6A) Subsection (6) in particular enables employment tribunal procedure regulations to provide that—

(a) the determination of proceedings in accordance with regulations under section 7(3A), (3B) or (3C)(a),

(b) the carrying-out of pre-hearing reviews in accordance with regulations under subsection (1) of section 9 (including the exercise of powers in connection with such reviews in accordance with regulations under paragraph (b) of that subsection), or

(c) the hearing and determination of a preliminary issue in accordance with regulations under section 9(4) (where it involves hearing witnesses other than the parties or their representatives as well as where, in accordance with regulations under section 7(3C)(b), it does not),

may be done by the person mentioned in subsection (1)(a) alone.”

Marginal Citations

M1 1992 c. 52.

M2 1992 c. 52.

M3 1996 c. 18.

M4 S.I. 1981/1794.