3AA

Industrial tribunal procedure regulations under paragraph (3A) may only authorise the determination of proceedings without any hearing in circumstances where—

a

all the parties to the proceedings consent in writing to the determination without a hearing, or

b

the person (or, where more than one, each of the persons) against whom the proceedings are brought—

i

has presented no response in the proceedings, or

ii

does not contest the case.

3AB

For the purposes of paragraph (3AA)(b), a person does not present a response in the proceedings if he presents a response but, in accordance with provision made by the regulations, it is not accepted.