Employment Protection (Consolidation) Act 1978

Section 128.

SCHEDULE 9 Industrial Tribunals

Regulations as to tribunal procedure

1 (1) The Secretary of State may by regulations (in this Schedule referred to as "the regulations") make such provision as appears to him to be necessary or expedient with respect to proceedings before industrial tribunals.

(2) The regulations may in particular include provision—

(a) for determining by which tribunal any appeal, question or complaint is to be determined ;

(b) for enabling an industrial tribunal to hear and determine proceedings brought by virtue of section 131 concurrently with proceedings brought before the tribunal otherwise than by virtue of that section ;

(c) for treating the Secretary of State (either generally or in such circumstances as may be prescribed by the regulations) as a party to any proceedings before an industrial tribunal, where he would not otherwise be a party to them, and entitling him to appear and to be heard accordingly;

(d) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses ;

(e) for granting to any person such discovery or inspection of documents or right to further particulars as might be granted by a county court in England and Wales or, in Scotland, for granting to any person such recovery or inspection of documents as might be granted by the sheriff;

(f) for prescribing the procedure to be followed on any appeal, reference or complaint or other proceedings before an industrial tribunal, including provisions as to the persons entitled to appear and to be heard on behalf of parties to such proceedings, and provisions for enabling an industrial tribunal to review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with the regulations ;

(g) for the appointment of one or more assessors for the purposes of any proceedings before an industrial tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed ;

(h) for the award of costs or expenses, including any allowances payable under paragraph 10 other than allowances payable to members of industrial tribunals or assessors ;

(i) for taxing or otherwise settling any such costs or expenses (and, in particular, in England and Wales, for enabling such costs to be taxed in the county court); and

(j) for the registration and proof of decisions, orders and awards of industrial tribunals.

(3) In relation to proceedings on complaints under section 67 or any other enactment in relation to which there is provision for conciliation, the regulations shall include provision-

(a) for requiring a copy of any such complaint, and a copy of any notice relating to it which is lodged by or on behalf of the employer against whom the complaint is made, to be sent to a conciliation officer ;

(b) for securing that the complainant and the employer against whom the complaint is made are notified that the services of a conciliation officer are available to them ; and

(c) for postponing the hearing of any such complaint for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the complaint to be settled by way of conciliation and withdrawn.

(4) In relation to proceedings under section 67—

(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; or

(b) where the proceedings arise out of the employer's failure to permit the employee to return to work after an absence due to pregnancy or confinement,

regulations shall 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, or, as the case may be, which she held before her absence, or of comparable or suitable employment.

(5) Without prejudice to paragraph 2, the regulations may enable an industrial tribunal to sit in private for the purpose of hearing evidence which in the opinion of the tribunal relates to matters of such a nature that it would be against the interests of national security to allow the evidence to be given in public or of hearing evidence from any person which in the opinion of the tribunal is likely to consist of—

(a) information which he could not disclose without contravening a prohibition imposed by or under any enactment; or

(b) any information which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence reposed in him by another person; or

(c) information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 29(1) of the [1974 c. 52.] Trade Union and Labour Relations Act 1974 (matters to which trade disputes relate) cause substantial injury to any undertaking of his or in which he works.

(6) The regulations may include provision authorising or requiring an industrial tribunal, in circumstances specified in the regulations, to send notice or a copy of any document so specified relating to any proceedings before the tribunal, or of any decision, order or award of the tribunal, to any government department or other person or body so specified.

(7) Any person who without reasonable excuse fails to comply with any requirement imposed by the regulations by virtue of sub-paragraph (2)(d) or any requirement with respect to the discovery, recovery or inspection of documents so imposed by virtue of sub-paragraph (2)(e) shall be liable on summary conviction to a fine not exceeding £100.

National security

2 (1) If on a complaint under section 24 or 67 it is shown that the action complained of was taken for the purpose of safeguarding national security, the industrial tribunal shall dismiss the complaint.

(2) A certificate purporting to be signed by or on behalf of a Minister of the Crown, and certifying that the action specified in the certificate was taken for the purpose of safeguarding national security, shall for the purposes of sub-paragraph (1) be conclusive evidence of that fact.

Payment of certain sums into Redundancy Fund

3 Any sum recovered by the Secretary of State in pursuance of any such award as is mentioned in paragraph 1(2)(h) where the award was made in proceedings in pursuance of Part VI of this Act shall be paid into the Redundancy Fund.

[1950 c. 27.] Exclusion of Arbitration Act 1950

4 The Arbitration Act 1950 shall not apply to any proceedings before an industrial tribunal.

Presumption as to dismissal for redundancy

5 Where in accordance with the regulations an industrial tribunal determines in the same proceedings—

(a) a question referred to it under sections 81 to 102, and

(b) a complaint presented under section 67,

section 91(2) shall not have effect for the purposes of the proceedings in so far as they relate to the complaint under section 67.

Right of appearance

6 Any person may appear before an industrial tribunal in person or be represented by counsel or by a solicitor or by a representative of a trade union or an employers' association or by any other person whom he desires to represent him.

Recovery of sums awarded

7 (1) Any sum payable in pursuance of a decision of an industrial tribunal in England and Wales which has been registered in accordance with the regulations shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(2) Any order for the payment of any sum made by an industrial tribunal in Scotland may be enforced in like manner as a recorded decree arbitral.

(3) In this paragraph any reference to a decision or order of an industrial tribunal— . .

(a) does not include a decision or order which cm being reviewed, has been revoked by the tribunal, and

(b) in relation to a decision or order which, on being reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

Constitution of tribunals for certain cases

8 An industrial tribunal hearing an application under section 77 or 79 may consist of a President of Industrial Tribunals, the chairman of the tribunal or a member of a panel of chairmen of such tribunals for the time being nominated by a President to hear such applications.

Remuneration for presidents and full-time chairmen of industrial tribunals

9 The Secretary of State may pay such remuneration as he may with the consent of the Minister for the Civil Service determine to the President of the Industrial Tribunals (England and Wales), the President of the Industrial Tribunals (Scotland) and any person who is a member on a full-time basis of a panel of chairmen of tribunals which is appointed in accordance with regulations under subsection (1) of section 128.

Remuneration etc. for members of industrial tribunals and for assessors and other persons

10 The Secretary of State may pay to members of industrial tribunals and to any assessors appointed for the purposes of proceedings before industrial tribunals such fees and allowances as he may with the consent of the Minister for the Civil Service determine and may pay to any other persons such allowances as he may with the consent of that Minister determine for the purposes of, or in connection with, their attendance at industrial tribunals.

Pensions for full-time presidents or chairmen of industrial tribunals

11 (1) The Secretary of State may from time to time make to the Minister for the Civil Service, as respects any holder on a full-time basis of any of the following offices established by regulations under section 128 who is remunerated, apart from any allowances, on an annual basis, namely—

(a) President of the Industrial Tribunals (England and Wales);

(b) President of the Industrial Tribunals (Scotland);

(c) member of a panel of chairmen so established,

a recommendation that the Minister shall pay to that holder (hereafter in this paragraph referred to as " the pensioner ") out of moneys provided by Parliament an annual sum by way of superannuation allowance calculated in accordance with sub-paragraph (3).

(2) No such allowance shall be payable unless—

(a) the pensioner is at the time of his retirement over the age of seventy-two or, where he retires after fifteen years service, over the age of sixty-five ; or

(b) the Secretary of State is satisfied by means of a medical certificate that at the time of the pensioner's retirement the pensioner is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.

(3) The said annual sum shall be a sum not exceeding such proportion of the pensioner's last annual remuneration (apart from any allowances) as in the following Table corresponds with the number of the pensioner's completed years of relevant service.

TABLE

Years of service	Fraction of remuneration
Less than 5	six-fortieths
5	ten-fortieths
6	eleven-fortieths
7	twelve-fortieths
8	thirteen-fortieths
9	fourteen-fortieths
10	fifteen-fortieths
11	sixteen-fortieths
12	seventeen-fortieths
13	eighteen-fortieths
14	nineteen-fortieths
15 or more	twenty-fortieths

(4) In this paragraph the expression "relevant service" means service on a full-time basis as holder of any of the offices referred to in sub-paragraph (1) (including such service remunerated otherwise than on an annual basis) of service in any such other capacity under the Crown as may be prescribed by regulations made by the Minister for the Civil Service; and regulations under this sub-paragraph—

(a) may be made generally or subject to specified exceptions or in relation to specified cases or classes of case and may make different provision for different cases or classes of cases; and

(b) may provide that in calculating relevant service either the whole of a person's prescribed service of any description shall be taken into account or such part thereof only as may be determined by or under the regulations.

(5) The decision of the Minister shall be final on any question arising as to—

(a) the amount of any superannuation allowance under sub-paragraph (1); or

(b) the reckoning of any service for the purpose of calculating such an allowance.

(6) Sections 2 to 8 of the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950 (which provide for the payment of lump sums on retirement or death and of widows' and children's pensions in the case of persons eligible for pensions for service in any of the capacities listed m Schedule 1 to that Act) shall have effect as if—

(a) the capacity of holder on a full-time basis of any of the offices referred to in sub-paragraph (1) were listed in the said Schedule 1 ; and

(b) in relation to that capacity the expression " relevant service " in the said sections 2 to 8 had the meaning assigned by sub-paragraph (4); and

(c) in relation to such a holder of such an office, any reference in the said section 2 to his last annual salary were a reference to his last annual remuneration apart from any allowances.

(7) Where the rate of the superannuation allowance payable to any person under sub-paragraph (1) is or would be increased by virtue of regulations made under sub-paragraph (4) in respect of relevant service in some capacity other than as holder of one of the offices referred to in sub-paragraph (1), and a pension payable to him wholly in respect of service in that other capacity would have been paid and borne otherwise than out of moneys provided by Parliament, any pension benefits paid to or in respect of him as having been the holder of such an office shall, to such extent as the Minister for the Civil Service may determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in like manner as that in which a pension payable to him wholly in respect of service in that other capacity would have been paid and borne.

(8) In this paragraph the expression " pension" includes any superannuation or other retiring allowance or gratuity, and the expression " pensionable " shall be construed accordingly, and the expression " pension benefits" includes benefits payable to or in respect of the pensioner by virtue of sub-paragraph (6).