The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

1. Introductory Text

2. 1. Citation, commencement and revocation

3. 2. Interpretation

4. 3. Overriding objective

5. 4. President of Employment Tribunals

6. 5. Establishment of employment tribunals

7. 6. Regional Chairmen

8. 7. Vice President

9. 8. Panels of members of tribunals – general

10. 9. Composition of tribunals - general

11. 10. Panels of members of tribunals – national security proceedings

12. 11. Composition of tribunals – national security proceedings

13. 12. Modification of section 4 of the Employment Tribunals Act (national security proceedings)

14. 13. Practice directions

15. 14. Power to prescribe

16. 15. Calculation of time limits

17. 16. Application of Schedules 1-5 to proceedings

18. 17. Register

19. 18. Proof of decisions of tribunals

20. 19. Jurisdiction of tribunals in Scotland and in England & Wales

21. 20. Transitional provisions

22. Signature

23. 1. SCHEDULE 1

       THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE

       1. HOW TO BRING A CLAIM

          1. 1. Starting a claim

       2. ACCEPTANCE OF CLAIM PROCEDURE

          1. 2. What the tribunal does after receiving the claim

          2. 3. When the claim will not be accepted by the Secretary

       3. RESPONSE

          1. 4. Responding to the claim

       4. ACCEPTANCE OF RESPONSE PROCEDURE

          1. 5. What the tribunal does after receiving the response

          2. 6. When the response will not be accepted by the Secretary

          3. 7. Counterclaims

       5. CONSEQUENCES OF A RESPONSE NOT BEING PRESENTED OR ACCEPTED

          1. 8. Default judgments

          2. 9. Taking no further part in the proceedings

       6. CASE MANAGEMENT

          1. 10. General power to manage proceedings

          2. 11. Applications in proceedings

          3. 12. Chairman acting on his own initiative

          4. 13. Compliance with orders and practice directions

       7. DIFFERENT TYPES OF HEARING

          1. 14. Hearings - general

          2. 15. Use of electronic communications

          3. 16. Hearings which may be held in private

       8. CASE MANAGEMENT DISCUSSIONS

          1. 17. Conduct of case management discussions

       9. PRE-HEARING REVIEWS

          1. 18. Conduct of pre-hearing reviews

          2. 19. Notice requirements

       10. PAYMENT OF A DEPOSIT

           1. 20. Requirement to pay a deposit in order to continue with proceedings

       11. CONCILIATION

           1. 21. Documents to be sent to conciliators

           2. 22. Fixed period for conciliation

           3. 23. Early termination of conciliation period

           4. 24. Effect of staying or sisting proceedings on the conciliation period

       12. WITHDRAWAL OF PROCEEDINGS

           1. 25. Right to withdraw proceedings

       13. THE HEARING

           1. 26. Hearings

           2. 27. What happens at the Hearing

       14. ORDERS, JUDGMENTS AND REASONS

           1. 28. Orders and judgments

           2. 29. Form and content of judgments

           3. 30. Reasons

           4. 31. Absence of chairman

           5. 32. The Register

       15. POWER TO REVIEW JUDGMENTS AND DECISIONS

           1. 33. Review of default judgments

           2. 34. Review of other judgments and decisions

           3. 35. Preliminary consideration of application for review

           4. 36. The review

           5. 37. Correction of judgments, decisions or reasons

       16. COSTS ORDERS AND ORDERS FOR EXPENSES

           1. 38. General power to make costs and expenses orders

           2. 39. When a costs or expenses order must be made

           3. 40. When a costs or expenses order may be made

           4. 41. The amount of a costs or expenses order

       17. PREPARATION TIME ORDERS

           1. 42. General power to make preparation time orders

           2. 43. When a preparation time order must be made

           3. 44. When a preparation time order may be made

           4. 45. Calculation of a preparation time order

           5. 46. Restriction on making costs or expenses orders and preparation time orders

           6. 47. Costs, expenses or preparation time orders when a deposit has been taken

       18. WASTED COSTS ORDERS AGAINST REPRESENTATIVES

           1. 48. Personal liability of representatives for costs

       19. POWERS IN RELATION TO SPECIFIC TYPES OF PROCEEDINGS

           1. 49. Sexual offences and the Register

           2. 50. Restricted reporting orders

           3. 51. Proceedings involving the National Insurance Fund

           4. 52. Collective agreements

           5. 53. Employment Agencies Act 1973

           6. 54. National security proceedings

           7. 55. Dismissals in connection with industrial action

           8. 56. Devolution issues

           9. 57. Transfer of proceedings between Scotland and England & Wales

           10. 58. References to the European Court of Justice

           11. 59. Transfer of proceedings from a court

       20. GENERAL PROVISIONS

           1. 60. Powers

           2. 61. Notices, etc

    2. SCHEDULE 2

       THE EMPLOYMENT TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE

       1. 1. Application of Schedule 2

       2. 2. Notification of national security proceedings

       3. 3. Responding to a claim

       4. 4. Serving of documents by the Secretary

       5. 5. Default judgment

       6. 6. Witness orders and disclosure of documents

       7. 7. Case management discussions and pre-hearing reviews

       8. 8. Special advocate

       9. 9. Hearings

       10. 10. Reasons in national security proceedings

       11. 11. Correction of written reasons

       12. 12. Review of judgments or decisions

    3. SCHEDULE 3

       THE EMPLOYMENT TRIBUNALS (LEVY APPEALS) RULES OF PROCEDURE

       1. For use only in proceedings on levy appeals

          1. 1. Application of Schedule 1

          2. 2. Definitions

          3. 3. Notice of Appeal

          4. 4. Action on receipt of appeal

          5. 5. Requests for further information

          6. 6. Withdrawal of appeal or assessment

          7. 7. Entry of appeal

          8. 8. Order for further information

          9. 9. Provisions of Schedule 1 which do not apply to levy appeals

          10. 10. Modification of Schedule 1

    4. SCHEDULE 4

       THE EMPLOYMENT TRIBUNALS (HEALTH AND SAFETY – APPEALS AGAINST IMPROVEMENT AND PROHIBITION NOTICES) RULES OF PROCEDURE

       1. 1. Application of Schedule 1

       2. 2. Definitions

       3. 3. Notice of appeal

       4. 4. Time limit for bringing appeal

       5. 5. Action on receipt of appeal

       6. 6. Application for a direction suspending the operation of a prohibition notice

       7. 7. General power to manage proceedings

       8. 8. Appointment of an assessor

       9. 9. Right to withdraw proceedings

       10. 10. Costs and expenses

       11. 11. Provisions of Schedule 1 which do not apply to appeals against improvement notices or prohibition notices

       12. 12. Modification of Schedule 1

    5. SCHEDULE 5

       THE EMPLOYMENT TRIBUNALS (NON-DISCRIMINATION NOTICES APPEALS) RULES OF PROCEDURE

       1. 1. Application of Schedule 1

       2. 2. Definitions

       3. 3. Notice of Appeal

       4. 4. Action on receipt of appeal

       5. 5. Provisions of Schedule 1 which do not apply to appeals against non-discrimination notices

       6. 6. Modification of Schedule 1

24. Explanatory Note