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Employment Tribunals Act 1996

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Employment Tribunals Act 1996, Cross Heading: Procedure is up to date with all changes known to be in force on or before 09 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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ProcedureE+W+S

6 Conduct of hearings.E+W+S

(1)A person may appear before an [F1employment tribunals] in person or be represented by—

(a)counsel or a solicitor,

(b)a representative of a trade union or an employers’ association, or

(c)any other person whom he desires to represent him.

(2)[F2Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or ] [F3Part I of the Arbitration Act 1996] [F4does not apply] [F4applies] to any proceedings before an [F1employment tribunals].

Textual Amendments

F1Words in s. 6 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F3Words in s. 6(2) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 62 (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2)

[F57Practice and procedure: generalE+W+S

Procedure Rules (see section 37QA) are to govern the practice and procedure to be followed in employment tribunals.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 7 extended (24.4.2000) by 1992 c. 52, s. 239(4)(b) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

[F67A Practice directionsE+W+S

[F7(A1)The Senior President of Tribunals may make directions about the [F8practice and] procedure of employment tribunals.]

[F9(1)The territorial President may make directions about the practice and procedure of employment tribunals.]

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(2A)The [F12powers under subsections (A1) and (1) include]—

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

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

(2B)Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C)Directions under subsection [F13(1)] may not be made without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(2D)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of an employment tribunal.

(2E)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.]

(3)In this section, references to the [F14territorial] President are to a person appointed in accordance with regulations under section 1(1) as—

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

(b)President of the Employment Tribunals (Scotland).]

Textual Amendments

F6S. 7A inserted (9.7.2004) by 2002 c. 22, ss. 27, 55(2); S.I. 2004/1717, art. 2(1)

[F157BMediationE+W+S

[F16(A1)A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

(a)mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

(b)where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.]

(1)[F17Practice directions under section 7A may] provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2)The provision that may be [F18made] by virtue of subsection (1) includes provision for F19... a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3)Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4)Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5)Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult [F20ACAS] .

(6)In this section—

  • “member” means a member of a panel of members of employment tribunals (whether or not a panel of [F21 Employment Judges ] );

  • “practice direction” means a direction under section 7A;

  • “proceedings” means proceedings before an employment tribunal.]

Textual Amendments

F15S. 7B inserted (1.10.2013) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 42; S.I. 2013/2200, art. 3(g)

8 Procedure in contract cases.E+W+S

(1)Where in proceedings brought by virtue of section 3 an [F22employment tribunal] finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall order the respondent to the proceedings to pay the amount which it finds due.

(2)An order under section 3 may provide that an [F22employment tribunal] shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which an [F22employment tribunal] may order to be paid in relation to a claim or in relation to a contract.

(3)An order under section 3 may include provisions—

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

(b)modifying any other enactment.

(4)An order under that section may make different provision in relation to proceedings in respect of different descriptions of claims.

Textual Amendments

F22Words in s. 8(1)(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

9 [F23Preliminary hearings].E+W+S

[F24(1)If Procedure Rules authorise an employment tribunal to carry out a preliminary hearing, Procedure Rules may make provision for enabling such powers as may be prescribed by the Rules to be exercised in connection with the hearing.]

(2)Such [F25Rules] may in particular include provision—

(a)for authorising any tribunal carrying out a [F26preliminary hearing] F27... to make, in circumstances specified in the [F28Rules], an order requiring a party to the proceedings in questionF29... to pay a deposit F30... [F31as a condition of—

(i)continuing to participate in those proceedings, or

(ii)pursuing any specified allegations or arguments], and

(b)for prescribing—

(i)the manner in which the amount of any such deposit is to be determined in any particular case,

(ii)the consequences of non-payment of any such deposit, and

(iii)the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it or be paid over to another party to the proceedings.

[F32(2ZA)Procedure Rules of the kind mentioned in subsection (2)(a) may not provide for a deposit of an amount exceeding £1,000.]

[F33(2A)Procedure Rules may not enable a power of striking out to be exercised in a preliminary hearing on a ground which does not apply outside a preliminary hearing.]

(3)The [F34Lord Chancellor] may from time to time by order substitute for the sum specified in subsection [F35(2ZA)] such other sum as is specified in the order.

F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(5)In this section “preliminary hearing” means a hearing in any proceedings before an employment tribunal which takes place at a time before a hearing held for the purpose of determining them.]

Textual Amendments

F29Words in s. 9(2)(a) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(2)(a), 103(2)

F31Words in s. 9(2)(a) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(2)(b), 103(2)

Modifications etc. (not altering text)

C2S. 9 extended (24.4.2000) by 1992 c. 52, s. 239(4)(c) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

[F3810 National security.E+W+S

(1)If on a complaint under—

[F39(a)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.),]

(b)section 111 of the Employment Rights Act 1996 (unfair dismissal),[F40, F41...

(c)regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list)] [F42or

(d)regulation 4 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 (complaint to employment tribunal),]

it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.

(2)F43... Regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which—

(a)a direction is given under subsection (3), or

(b)an order is made under subsection (4).

(3)A direction may be given under this subsection by a Minister of the Crown if—

(a)it relates to particular Crown employment proceedings, and

(b)the Minister considers it expedient in the interests of national security.

(4)An order may be made under this subsection by the President or a Regional [F44Employment Judge] in relation to particular proceedings if he considers it expedient in the interests of national security.

(5)F45... Regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security—

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

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

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

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

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

[F46(6)F47... Regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do in relation to particular proceedings before it anything of a kind which, by virtue of subsection (5), F48... regulations may enable a Minister of the Crown to direct a tribunal to do in relation to particular Crown employment proceedings.]

(7)In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), F49... regulations may make provision—

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

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

(c)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.

(8)Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates—

(a)is Crown employment, or

(b)is connected with the performance of functions on behalf of the Crown.

(9)The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as—

(a)a Regional Chairman,

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

(c)President of the Employment Tribunals (Scotland).]

[F50(10)Regulations under this section are to be made by the Lord Chancellor.]

Textual Amendments

F38Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

F46S. 10(6) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 36, 59; S.I. 2004/3342, art. 4(a) (subject to arts. 5-12)

F5110A Confidential information.E+W+S

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

Textual Amendments

F5210B Restriction of publicity in cases involving national security.E+W+S

(1)This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)—

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

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

(2)It is an offence to publish—

(a)anything likely to lead to the identification of the witness, or

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

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.

(5)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

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

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)A reference in this section to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the M1Broadcasting Act 1990.

Textual Amendments

F52Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

Marginal Citations

11 Restriction of publicity in cases involving sexual misconduct.E+W+S

(1)[F53Procedure Rules] may include provision—

(a)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

(b)for cases involving allegations of sexual misconduct, enabling an [F54employment 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.

(2)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

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

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

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)Where a person is charged with an offence under subsection (2) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(4)Where an offence under subsection (2) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

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

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5)In relation to a body corporate whose affairs are managed by its members “director", in subsection (4), means a member of the body corporate.

(6)In this section—

  • “identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

  • “relevant programme” has the same meaning as in the M2Sexual Offences (Amendment) Act 1992,

  • “restricted reporting order” means an order—

    (a)

    made in exercise of a power conferred by [F55Procedure Rules of the kind mentioned in subsection (1)(b)], and

    (b)

    prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,

  • “sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

  • “sexual offence” means any offence to which section 4 of the M3Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the M4Criminal Procedure (Scotland) Act 1995 applies (offences under the M5Sexual Offences Act 1956, Part I of the M6Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

  • “written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

Textual Amendments

F54Words in s. 11(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

12 Restriction of publicity in disability cases.E+W+S

(1)This section applies to proceedings on a complaint under [F56section 120 of the Equality Act 2010, where the complaint relates to disability] in which evidence of a personal nature is likely to be heard by the [F57employment tribunal] hearing the complaint.

(2)[F58Procedure Rules] may include provision in relation to proceedings to which this section applies for—

(a)enabling an [F57employment 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

(b)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.

(3)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

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

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

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5)Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

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

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In relation to a body corporate whose affairs are managed by its members “director", in subsection (5), means a member of the body corporate.

(7)In this section—

  • “evidence of a personal nature” means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported,

  • “identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

  • “promulgation” has such meaning as may be prescribed by [F59Procedure Rules made for the purposes] of this section,

  • “relevant programme” means a programme included in a programme service, within the meaning of the M7Broadcasting Act 1990,

  • “restricted reporting order” means an order—

    (a)

    made in exercise of a power conferred by [F60Procedure Rules of the kind mentioned in subsection (2)(a)], and

    (b)

    prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

  • “written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

Textual Amendments

F56Words in s. 12(1) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 30 (as inserted) (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2)

F57Words in s. 12(1)(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I1S. 12 wholly in force at 22.8.1996 with effect as mentioned in Sch. 2 Pt. II para. 7(1)(2) and S.I. 1996/3150, art. 2

Marginal Citations

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