Judicial Review and Courts Act 2022

Employment tribunals U.K.

5 (1) Section 9 (pre-hearing reviews) is amended as follows.

(2) For the heading substitute “Preliminary hearings”.

(3) For subsection (1) substitute—

“(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.”

(4) In subsection (2)—

(a) in the words before paragraph (a), for “regulations” substitute “Rules”;

(b) in paragraph (a)—

(i) for “pre-hearing review” substitute “preliminary hearing”;

(ii) omit “under the regulations”;

(iii) for “regulations” (in the remaining place it occurs) substitute “Rules”;

(iv) omit “of an amount not exceeding £1,000”.

(5) After subsection (2) insert—

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

(6) For subsection (2A) substitute—

“(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.”

(7) In subsection (3)—

(a) for “Secretary of State” substitute “Lord Chancellor”;

(b) for “(2)(a)” substitute “(2ZA)”.

(8) Omit subsection (4).

(9) At the end insert—

“(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.”

Commencement Information

I1 Sch. 5 para. 5 not in force at Royal Assent, see s. 51(4)

I2 Sch. 5 para. 5 in force at 25.4.2024 by S.I. 2024/568, reg. 2(b)(ii)