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 on an application under section 161, 165 or 166 of the M2Trade Union and Labour Relations (Consolidation) Act 1992,

proceedings on a complaint under section 126 of the M3Pension Schemes Act 1993,

proceedings on a complaint under section 23 or 188 of the M4Employment Rights Act 1996 or on an application under section 128, 131 or 132 of that Act,

proceedings in respect of which an industrial 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written consent to the proceedings being heard in accordance with subsection (2) (whether or not they have subsequently withdrawn it),

proceedings in which the person bringing the proceedings has given written notice withdrawing the case, 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 proceedings shall be heard and determined, and

any act required or authorised by industrial tribunal procedure regulations to be done by an industrial tribunal in relation to the proceedings shall be done,

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 made under section 1(1),

members of industrial tribunals,

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

any persons required for the purposes of section 2A(l)(b) of the M5Equal 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 F4 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 F6 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 industrial 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 industrial 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 industrial tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,

for authorising an industrial tribunal to require persons to furnish information and produce documents to a person required for the purposes of section 2A(1)(b) of the M7Equal Pay Act 1970 to prepare a report, and

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

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),

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 M8Employment 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 industrial 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 £150, and

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

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.

section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992, or

section 111 of the M10Employment Rights Act 1996,

section 99(1) to (3), 100 or 103 of the Employment Rights Act 1996, or

subsection (1) of section 105 of that Act by reason of the application of subsection (2), (3) or (6) of that section,

in relation to a person in Crown employment, as a reference to the termination of Crown employment, and

in relation to a person who is a relevant member of the House of Commons staff, as a reference to the termination of his employment as such.

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 industrial 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 industrial 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, including any allowances payable under section 5(2)(c) or (3), and

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 a county court).

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

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 childbirth,

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 industrial 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 M21Trade 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 industrial 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 industrial 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 industrial tribunals or adjudication 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,

confer on an employee a right of appeal to a social security appeal tribunal against any decision of an adjudication officer as to the total or partial recoupment of an income-based jobseeker’s allowance or of income support in pursuance of the regulations, and

provide for the proof in proceedings before industrial 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 M23Social 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, 137, 138, 146, 168, 169, 170, 174, 188 or 190 of the M28Trade Union and Labour Relations (Consolidation) Act 1992,

under section 8 of the M29Disability Discrimination Act 1995,

arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 or 92, or of Part V, VI, VII or X, of the M30Employment Rights Act 1996,

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

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 industrial 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 industrial 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.

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 F29 the 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 F29 the county court so orders;

in Scotland, only if the sheriff so orders.

the time within which an application to F29 the 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 F29 the county court , the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).