F1Employment Tribunals Act 1996

any claim to which this section applies, or

any claim to which this section applies and which is of a description specified in the order,

a claim for damages for breach of a contract of employment or other contract connected with employment,

a claim for a sum due under such a contract, and

a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,

a term implied in a contract by or under any enactment or otherwise,

a term of a contract as modified by or under any enactment or otherwise, and

a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

the person who, in accordance with regulations made under section 1(1), is the chairman, and

two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.

proceedings F12on a complaint under section 68A F13, 87 or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or on an application under section 161, 165 or 166 of F14that Act,

proceedings on a complaint under section 126 of the M2Pension Schemes Act 1993,

proceedings F15on a reference under section 11, 163 or 170 of the Employment Rights Act 1996, on a complaint under section 23 F16, 34 F17, 111 or 188 of F18that Act, on a complaint under section 70(1) of that Act relating to section 64 of that Act, or on an application under section 128, 131 or 132 of that F19Act or for an appointment under section 206(4) of that Act,

proceedings on a complaint under F21regulation 15(10) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ,

proceedings on a complaint under section 11 of the National Minimum Wage Act 1998,

proceedings on a complaint under F23 section 19C of the National Minimum Wage Act 1998,

proceedings on a complaint under regulation 30 of the Working Time Regulations 1998 relating to an amount due under regulation 14(2) or 16(1) of those Regulations,

proceedings on a complaint under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 relating to an amount due under regulation 11 of those Regulations,

proceedings on a complaint under regulation 18 of the Civil Aviation (Working Time) Regulations 2004 relating to an amount due under regulation 4 of those Regulations,

proceedings on a complaint under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 relating to an amount due under regulation 11 of those Regulations,

proceedings in respect of which an F10employment tribunal has jurisdiction by virtue of section 3 of this Act,

proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2) (whether or not they have subsequently withdrawn it),

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (1),

whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2),

any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and

whether there are other proceedings which might be heard concurrently but which are not proceedings specified in subsection (3),

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

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

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),

by virtue of subsection (6) may be done by the person mentioned in subsection (1)(a) alone F11or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal , and

is of a description specified by the regulations for the purposes of this subsection,

the determination of any proceedings, other than proceedings in which the parties have agreed the terms of the determination or in which the person bringing the proceedings has given notice of the withdrawal of the case, or

the carrying-out of pre-hearing reviews in accordance with regulations under section 9(1).

the F31President of the Employment Tribunals (England and Wales),

the F31President of the Employment Tribunals (Scotland), F32. . .

any person who is an Employment Judge on a full-time basis, and

any person who is a legal officer appointed in accordance with such regulations,

members of F31employment tribunals,

any assessors appointed for the purposes of proceedings before F31employment tribunals, and

any persons required for the purposes of section F35131(2) of the Equality Act 2010 to prepare reports,

may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

a panel of F38 Employment Judges , or

any other panel of members of employment tribunals,

who has not previously taken the required oaths after accepting another office.

the Senior President of Tribunals, or

an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

he holds judicial office (as defined in section 109(4) of that Act);

he holds (in Scotland) the office of sheriff.

the oath of allegiance, and

the judicial oath,

the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of F40 Employment Judges .

counsel or a solicitor,

a representative of a trade union or an employers’ association, or

any other person whom he desires to represent him.

for determining by which tribunal any proceedings are to be determined,

for enabling an F55employment tribunal to hear and determine proceedings brought by virtue of section 3 concurrently with proceedings brought before the tribunal otherwise than by virtue of that section,

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 F55employment tribunal (where he would not otherwise be a party to them) and entitling him to appear and to be heard accordingly,

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

for the appointment of one or more assessors for the purposes of any proceedings before an F55employment tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,

for authorising an F55employment tribunal to require persons to furnish information and produce documents to a person required for the purposes of section F58131(2) of the Equality Act 2010 to prepare a report, and

for the registration and proof of decisions, orders and awards of F55employment tribunals.

authorise the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of instituting, or entering an appearance to, proceedings before employment tribunals,

authorise the Secretary of State to prescribe requirements in relation to documents to be supplied with any such form, and

make provision about the publication of anything prescribed under authority conferred by virtue of this subsection.

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

the person (or, where more than one, each of the persons) against whom the proceedings are brought has done nothing to contest the case, or

it appears from the application made by the person (or, where more than one, each of the persons) bringing the proceedings that he is not (or they are not) seeking any relief which an employment tribunal has power to give or that he is not (or they are not) entitled to any such relief.

an employment tribunal is on undisputed facts bound by the decision of a court in another case to dismiss the case of the person or persons by whom, or of the person or persons against whom, the proceedings are brought, or

the proceedings relate only to a preliminary issue which may be heard and determined in accordance with regulations under section 9(4).

any requirement imposed by virtue of subsection (3)(d) or (h), or

any requirement with respect to the discovery, recovery or inspection of documents imposed by virtue of subsection (3)(e), F63or

any requirement imposed by virtue of employment tribunal procedure regulations to give written answers for the purpose of facilitating the determination of proceedings as mentioned in subsection (3A), (3B) or (3C),

any document specified in the regulations which relates to any proceedings before the tribunal, or

any decision, order or award of the tribunal,

a complaint presented under section 111 of the M3Employment Rights Act 1996, and

a question referred under section 163 of that Act,

enabling the F66territorial President to make directions about the procedure of employment tribunals, including directions about the exercise by tribunals of powers under such regulations,

for securing compliance with F67directions under subsection (A1) or paragraph (a) , and

about the publication of F68directions under subsection (A1) or paragraph (a) .

power to vary or revoke directions made in exercise of the power, and

power to make different provision for different purposes (including different provision for different areas).

the Senior President of Tribunals, and

the Lord Chancellor.

the application or interpretation of the law;

the making of decisions by members of an employment tribunal.

President of the Employment Tribunals (England and Wales), or

President of the Employment Tribunals (Scotland).

as to the manner in which and time within which proceedings are to be brought by virtue of that section, and

modifying any other enactment.

for authorising the carrying-out by an F76employment tribunal of a preliminary consideration of any proceedings before it (a “pre-hearing review”), and

for enabling such powers to be exercised in connection with a pre-hearing review as may be prescribed by the regulations.

for authorising any tribunal carrying out a pre-hearing review under the regulations to make, in circumstances specified in the regulations, an order requiring a party to the proceedings in question, if he wishes to continue to participate in those proceedings, to pay a deposit of an amount not exceeding F77£1,000 , and

section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union membership etc.),

section 111 of the Employment Rights Act 1996 (unfair dismissal),F82, or

regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list).

a direction is given under subsection (3), or

an order is made under subsection (4).

it relates to particular Crown employment proceedings, and

the Minister considers it expedient in the interests of national security.

to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;

to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;

to direct a tribunal to exclude the applicant’s representatives from all or part of particular Crown employment proceedings;

to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;

to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.

for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the applicant;

about the publication and registration of reasons for the tribunal’s decision;

permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

is Crown employment, or

is connected with the performance of functions on behalf of the Crown.

a Regional Chairman,

President of the Employment Tribunals (England and Wales), or

President of the Employment Tribunals (Scotland).

information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,

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

information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.

in relation to a person in Crown employment, as a reference to the national interest,

in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and

in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons.

to take steps to conceal the identity of a particular witness, or

to take steps to keep secret all or part of the reasons for its decision.

anything likely to lead to the identification of the witness, or

the reasons for the tribunal’s decision or the part of its reasons which it is directed or has determined to keep secret.

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

for cases involving allegations of sexual misconduct, enabling an F86employment tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

in the case of publication in any other form, the person publishing the matter, and

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

enabling an F88employment tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal, and

where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.

in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

in the case of publication in any other form, the person publishing the matter, and

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

for the award of costs or expenses;

for the award of any allowances payable under section 5(2)(c) or (3).

to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings;

to order a representative of a party to proceedings before it to meet all or part of any allowances payable by the Secretary of State under section 5(2)(c) or (3) by reason of the representative’s conduct of the proceedings.

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, F90. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

provision of the kind mentioned in subsection (1), and

provision of the kind mentioned in section 13(1)(a),

to specify cases or circumstances in which interest is not payable,

to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,

to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,

to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from F94employment tribunals,

to make such incidental or supplemental provision as the Secretary of State considers necessary.

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

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.

payments of wages or compensation for loss of wages,

payments by employers to employees under sections 146 to 151, sections 168 to 173 or section 192 of the M13Trade Union and Labour Relations (Consolidation) Act 1992,

payments by employers to employees of a nature similar to, or for a purpose corresponding to the purpose of, payments within paragraph (b) or (c),F99or

payments by employers to employees under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010,

requiring or authorising an F97employment tribunal to order the payment of such a sum, by way of total or partial recoupment of F101 jobseeker's allowance, income support or income-related employment and support allowance , to the Secretary of State instead of to an employee, and

requiring an F97employment tribunal to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any jobseeker’s allowance F102 , income support or income-related employment and support allowance shown to the tribunal to have been paid to the employee and enabling the Secretary of State to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

so as to apply to all payments to which this section applies or to one or more classes of those payments, and

so as to apply to all or any of the benefits mentioned in subsection (3).

confer powers and impose duties on F97employment tribunals or F104adjudication officers or other persons,

provide for an employer who pays a sum to the Secretary of State in pursuance of this section to be relieved from any liability to pay the sum to another person,

provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker’s allowance, unemployment benefit F106 , income support or income-related employment and support allowance ,

confer on an employee a right of appeal to F107the First-tier Tribunal against any decision of the Secretary of State on any such issue, and

provide for the proof in proceedings before F97employment tribunals (whether by certificate or in any other manner) of any amount of jobseeker’s allowance F108 , income support or income-related employment and support allowance paid to an employee.

no sum shall be recoverable under Part III or V of the M15Social Security Administration Act 1992, and

no abatement, payment or reduction shall be made by reference to the jobseeker’s allowance F109 , income support or income-related employment and support allowance recouped.

under section 120 or 127 of the Equality Act 2010,

arising out of a contravention, or alleged contravention, of section 64, 68 F113, 86, 137, 138, F114145A, 145B, 146, 168, F115168A, 169, 170, 174, 188 or 190 of the M17Trade Union and Labour Relations (Consolidation) Act 1992,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117under or arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 F118, F119 63F(4), (5) or (6), 63I(1)(b), F11780G(1), 80H(1)(b), 92 or 135, or of Part V, VI, VII or X, of the M18Employment Rights Act 1996,

under or by virtue of section 11, 18, 20(1)(a) or 24 of the National Minimum Wage Act 1998;

which are proceedings in respect of which an F111employment tribunal has jurisdiction by virtue of section 3 of this Act, F121. . .

F122under or arising out of a contravention, or alleged contravention, of a provision specified by an order under subsection (8)(b) as a provision to which this paragraph applies F123. . .

under regulation 30 of the M19Working Time Regulations 1998,. . .

under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulations 1999F125F126. . .

arising out of a contravention, or alleged contravention of regulation F1275(1) or 7(2) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

arising out of a contravention, or alleged contravention of regulation 3 or 6(2) of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; F129. . .

under regulation 9 of those RegulationsF130F131. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003F136F137. . .

under regulation 41 or 45 of the European Public Limited-Liability Company Regulations 2004

under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004F140F141. . .

under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004F142, F143. . .

under paragraph 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006F144F145. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 F148F149...

under regulation 45 or 51 of the Companies (Cross-Border Mergers) Regulations 2007.F150, F151...

under regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008F152, F153...

under regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009(S.I. 2009/2401). F154or

under section 56 of the Pensions Act 2008.F155, F156...

under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.F157, or

arising out of a contravention, or alleged contravention of regulation 5, 12, 13 or 17(2) of the Agency Workers Regulations 2010.

if he is requested to do so by the person by whom and the person against whom the proceedings are brought, or

if, in the absence of any such request, the conciliation officer considers that he could act under this subsection with a reasonable prospect of success,

a person claims that action has been taken in respect of which proceedings could be brought by him before an F111employment tribunal, but

before any application relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the person against whom the proceedings could be instituted) to make his services available to them,

seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

seek to promote the reinstatement or re-engagement of that person by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

where the person does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to that person.

direct that further provisions of the Employment Rights Act 1996 be added to the list in subsection (1)(d), or

specify a provision of any other Act as a provision to which subsection (1)(f) applies.

provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer, F165and

provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, F166. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the certificate, or

it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.

in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court;

in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and

that declaration is made.

beginning with the issue of the certificate, and

ending at such time as may be specified in, or determined under, rules of court.

in England and Wales, only if a county court so orders;

in Scotland, only if the sheriff so orders.

the time within which an application to a county court for a declaration under subsection (4) is to be made;

the time within which an application to the sheriff for a declaration under subsection (4) is to be made;

when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M21 the Trade Union and Labour Relations (Consolidation) Act 1992,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M22 the Employment Rights Act 1996 F183F184. . .

F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

this Act,

the National Minimum Wage Act 1998,

the Employment Relations Act 1999,

the Equality Act 2006,

the Pensions Act 2008,

the Equality Act 2010,

the Working Time Regulations 1998, F192. . .

the Transnational Information and Consultation of Employees Regulations 1999F193F194. . .

the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000F195F196. . .

the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002F197F198. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003F203F191. . .

the European Public Limited-Liability Company Regulations 2004

the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004F206F207. . .

the Information and Consultation of Employees Regulations 2004F208, F209. . .

the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006F210F211. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the European Cooperative Society (Involvement of Employees) Regulations 2006 F214F215...

the Companies (Cross-Border Mergers) Regulations 2007.F216, F217...

the Cross-border Railway Services (Working Time) Regulations 2008F218, F219...

the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009(S.I. 2009/2401).F220, F221...

the Employment Relations Act 1999 (Blacklists) Regulations 2010.F222, or

the Agency Workers Regulations 2010.

the Trade Union and Labour Relations (Consolidation) Act 1992,

this Act, or

any other Act.

such number of judges as may be nominated from time to time F225by the Lord Chief Justice, after consulting the Lord Chancellor, from the judges F226. . . of the High Court and the Court of Appeal,

at least one judge of the Court of Session nominated from time to time by the Lord President of the Court of Session, and

such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State (“appointed members").

as representatives of employers, or

as representatives of workers (within the meaning of the M23Trade Union and Labour Relations (Consolidation) Act 1992).

he has consulted the Lord Chancellor, and

the Lord President of the Court of Session agrees.

the office of President of the Appeal Tribunal is vacant, or

the person holding that office is temporarily absent or otherwise unable to act as the President of the Appeal Tribunal,

in the case of a judge nominated under paragraph (a) of that subsection, the F231Lord Chief Justice may nominate another judge who is qualified to be nominated under that paragraph to act temporarily in his place, and

in the case of a judge nominated under paragraph (b) of that subsection, the Lord President of the Court of Session may nominate another judge who is qualified to be nominated under that paragraph to act temporarily in his place.

the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal;

the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

for such period, or

on such occasions,

is qualified for appointment as a judge of the High Court under section 10 of the M24Supreme Court Act 1981, or

has held office as a judge of the High Court or the Court of Appeal.

who is appointed under section 22(1)(c) or 23(3), or

the Senior President of Tribunals, or

an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

he holds judicial office (as defined in section 109(4) of that Act);

he holds (in Scotland) the office of sheriff.

the oath of allegiance, and

the judicial oath,

may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State, and

shall vacate his office on the day on which he attains the age of seventy.

has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Appeal Tribunal,

has become bankrupt or F237had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors, or has had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract,

is incapacitated by physical or mental illness, or

is otherwise unable or unfit to discharge the functions of a member,

the appointed members, F240 and

any person appointed to act temporarily in the place of an appointed member, F241...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

pay such pension, allowance or gratuity to or in respect of that person on his retirement or death, or

make to the member such payments towards the provision of a pension, allowance or gratuity for his retirement or death,

a person ceases to be an appointed member otherwise than on his retirement or death, and

it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

of persons whose knowledge or experience of industrial relations is as representatives of employers, and

of persons whose knowledge or experience of industrial relations is as representatives of workers.

counsel or a solicitor,

a representative of a trade union or an employers’ association, or

any other person whom he desires to represent him.

the attendance and examination of witnesses,

the production and inspection of documents, and

all other matters incidental to its jurisdiction,

by the Senior President of Tribunals, or

by the President of the Appeal Tribunal.

power to vary or revoke directions given in exercise of the power, and

power to make different provision for different purposes.

the Senior President of Tribunals, and

the Lord Chancellor.

the Senior President of Tribunals, and

the Lord Chancellor.

the application or interpretation of the law;

the making of decisions by members of the Appeal Tribunal.

with respect to the manner in which, and the time within which, an appeal may be brought,

with respect to the manner in which F248or complaint to the Appeal Tribunal may be made,

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

for requiring or enabling the Appeal Tribunal to sit in private in circumstances in which an F249employment tribunal is required or empowered to sit in private by virtue of F250section 10A of this Act,

F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for interlocutory matters arising on any appeal or application to the Appeal Tribunal to be dealt with otherwise than in accordance with section 28(2) to (5) of this Act.

the reference in section 10(2) to section 4 shall be treated as a reference to section 28, and

the reference in section 10(4) to the President or a Regional Chairman shall be treated as a reference to a judge of the Appeal Tribunal.

for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

for cases involving allegations of sexual misconduct, enabling the Appeal Tribunal, on the application of any party to the proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the Appeal Tribunal.

proceedings on an appeal against a decision of an F254employment tribunal to make, or not to make, a restricted reporting order, and

proceedings on an appeal against any interlocutory decision of an F254employment tribunal in proceedings in which the F254employment tribunal has made a restricted reporting order which it has not revoked.

in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

in the case of publication in any other form, the person publishing the matter, and

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

in subsection (2), an order which is a restricted reporting order for the purposes of section 11.

on an appeal against a decision of an F255employment tribunal to make, or not to make, a restricted reporting order, or

on an appeal against any interlocutory decision of an F255employment tribunal in proceedings in which the F255employment tribunal has made a restricted reporting order which it has not revoked.

enabling the Appeal Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the Appeal Tribunal, and

where a restricted reporting order is made in relation to an appeal which is being dealt with by the Appeal Tribunal together with any other proceedings, enabling the Appeal Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Appeal Tribunal may direct.

in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

in the case of publication in any other form, the person publishing the matter, and

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

in subsection (1), an order which is a restricted reporting order for the purposes of section 12, and

instituted vexatious proceedings, whether F256before the Certification Officer, in an F257employment tribunal or before the Appeal Tribunal, and whether against the same person or against different persons, or

made vexatious applications in any proceedings, whether F258before the Certification Officer, in an F257employment tribunal or before the Appeal Tribunal,

no proceedings shall without the leave of the Appeal Tribunal be instituted F259before the Certification Officer, in any F257employment tribunal or before the Appeal Tribunal by the person against whom the order is made,

any proceedings instituted by him F260before the Certification Officer, in any F257employment tribunal or before the Appeal Tribunal before the making of the order shall not be continued by him without the leave of the Appeal Tribunal, and

no application (other than one for leave under this section) is to be made by him in any proceedings F261before the Certification Officer, in any F257employment tribunal or before the Appeal Tribunal without the leave of the Appeal Tribunal.

that the proceedings or application are not an abuse of the F263process , and

that there are reasonable grounds for the proceedings or application.

to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings.

exercise any of the powers of the body or officer from whom the appeal was brought, or

remit the case to that body or officer.

in the case of proceedings in England and Wales, the Court of Appeal, and

in the case of proceedings in Scotland, the Court of Session.

references to an employee shall be construed as references to a person in Crown employment, and

references to a contract of employment shall be construed as references to the terms of employment of a person in Crown employment.

service as a member of the naval, military or air forces of the Crown, and

employment by an association established for the purposes of Part XI of the M33Reserve Forces Act 1996;

references to an employee shall be construed as references to a relevant member of the House of Commons staff, and

references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff.

subsections (6) and (7) of that section have effect for determining who is the employer of a relevant member of the House of Commons staff for the purposes of this Act, and

subsection (8) of that section applies in relation to proceedings brought by virtue of this section.

provide that any provision of this Act to which this section applies and which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order, or

provide that any provision of this Act to which this section applies shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed.

an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or

regulations or rules made under this Act,

the person by whom an undertaking or part of an undertaking is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or

the persons by whom an undertaking or part of an undertaking is owned immediately before a change (whether as partners, trustees or otherwise) include the persons by whom, or include one or more of the persons by whom, it is owned immediately after the change,

one is a company of which the other (directly or indirectly) has control, or

both are companies of which a third person (directly or indirectly) has control;