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 F7on a complaint under section 68A F8, 87 or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or on an application under section 161, 165 or 166 of F9that Act,

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

proceedings F10on a reference under section 11, 163 or 170 of the Employment Rights Act 1996, on a complaint under section 23 F11, 34 or 188 of F12that 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 F13Act or for an appointment under section 206(4) of that Act,

proceedings on a complaint under regulation 11(5) of the M48Transfer of Undertakings (Protection of Employment) Regulations 1981,

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

proceedings on a complaint under section 19 or 22 of the National Minimum Wage Act 1998,

proceedings in respect of which an F6employment 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written consent to the proceedings being heard in accordance with subsection (2) (whether or not they have subsequently withdrawn it),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, 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 F20President of the Employment Tribunals (England and Wales),

the F20President of the Employment Tribunals (Scotland), F21. . .

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 made under section 1(1), F116and

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

members of F20employment tribunals,

any assessors appointed for the purposes of proceedings before F20employment tribunals, and

any persons required for the purposes of section 2A(l)(b) of the M3Equal Pay Act 1970 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 F134 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 F125 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 F26employment 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 F26employment 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 F26employment tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,

for authorising an F26employment tribunal to require persons to furnish information and produce documents to a person required for the purposes of section 2A(1)(b) of the M4Equal Pay Act 1970 to prepare a report, and

for the registration and proof of decisions, orders and awards of F26employment 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.

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), F32or

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 M5Employment Rights Act 1996, and

a question referred under section 163 of that Act,

enabling the 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 such directions, and

about the publication of such directions.

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 F34employment 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 F35£500, and

section 146 of the M49Trade Union and Labour Relations (Consolidation) Act 1992 (detriment: trade union membership), or

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

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 F41employment 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 F42employment 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, F44. . .

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

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 F47employment 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 M16Trade 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),

requiring or authorising an F52employment tribunal to order the payment of such a sum, by way of total or partial recoupment of either benefit, to the Secretary of State instead of to an employee, and

requiring an F52employment 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 or income support 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 both jobseeker’s allowance and income support, or to only jobseeker’s allowance or income support.

confer powers and impose duties on F52employment tribunals or F53adjudication 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 or income support,

confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 against any decision of the Secretary of State on any such issue, and

provide for the proof in proceedings before F52employment tribunals (whether by certificate or in any other manner) of any amount of jobseeker’s allowance or income support paid to an employee.

no sum shall be recoverable under Part III or V of the M18Social Security Administration Act 1992, and

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

arising out of a contravention, or alleged contravention, of section 64, 68 F56, 86, 137, 138, 146, 168, F57168A, 169, 170, 174, 188 or 190 of the M23Trade Union and Labour Relations (Consolidation) Act 1992,

under section 8 of the M24Disability Discrimination Act 1995,

F58under or arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 F59, F5880G(1), 80H(1)(b), 92 or 135, or of Part V, VI, VII or X, of the M25Employment 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 F55employment tribunal has jurisdiction by virtue of section 3 of this Act, F61. . .

F62under 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 F63. . .

under regulation 30 of the M26Working Time Regulations 1998,. . .

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

arising out of a contravention, or alleged contravention of regulation F675(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; F69. . .

under regulation 9 of those Regulations.

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 F55employment 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.

a person claims that action has been taken in respect of which a complaint could be presented by him to an F55employment tribunal under section 111 of the Employment Rights Act 1996, but

before any complaint relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the employer) to make his services available to them,

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,

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, F78. . .

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

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).

M28 the Equal Pay Act 1970,

M29 the Sex Discrimination Act 1975,

M30 the Race Relations Act 1976,

M31 the Trade Union and Labour Relations (Consolidation) Act 1992,

M32 the Disability Discrimination Act 1995, F83. . .

M33 the Employment Rights Act 1996 F84F85. . .

the National Minimum Wage Act 1998, F118. . .

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

this Act

the Working Time Regulations 1998, F88. . .

the Transnational Information and Consultation of Employees Regulations 1999.

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

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 by the Lord Chancellor from the judges (other than the Lord Chancellor) 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 M34Trade Union and Labour Relations (Consolidation) Act 1992).

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 Lord Chancellor 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.

is qualified for appointment as a judge of the High Court under section 10 of the M35Supreme 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 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,

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

the officers and servants of the Appeal Tribunal,

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 F103or 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 F104employment tribunal is required or empowered to sit in private by virtue of F105section 10A of this Act,

for the registration and proof of any award made on an application to the Appeal Tribunal under section 67 or 176 of the M50Trade Union and Labour Relations (Consolidation) Act 1992, and

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.