Textual Amendments
F1Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
(1)A person may appear before an [F2employment 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)[F3Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or ] [F4Part I of the Arbitration Act 1996] [F5does not apply] [F5applies] to any proceedings before an [F2employment tribunals].
Textual Amendments
F2Words 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) inserted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7(a)
F4Words 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)
F5Word in s. 6(2) substituted (S.) (5.6.2010) by The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220), art. 1, sch. para. 7(b)
(1)The Secretary of State may by regulations (“ [F6employment tribunal] procedure regulations") make such provision as appears to him to be necessary or expedient with respect to proceedings before [F6employment tribunals].
(2)Proceedings before [F6employment tribunals] shall be instituted in accordance with [F6employment tribunal] procedure regulations.
(3)[F6Employment tribunal] procedure regulations may, in particular, include provision—
(a)for determining by which tribunal any proceedings are to be determined,
(b)for enabling an [F6employment 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,
(c)for treating the Secretary of State (either generally or in such circumstances as may be prescribed by the regulations) as a party to any proceedings before an [F6employment tribunal] (where he would not otherwise be a party to them) and entitling him to appear and to be heard accordingly,
(d)for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,
(e)for enabling an [F6employment tribunal], on the application of any party to the proceedings before it or of its own motion, to order—
(i)in England and Wales, such discovery or inspection of documents, or the furnishing of such further particulars, as might be ordered by a county court on application by a party to proceedings before it, or
(ii)in Scotland, such recovery or inspection of documents as might be ordered by a sheriff,
(f)for prescribing the procedure to be followed in any proceedings before an [F6employment tribunal], including provision—
F7(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(ia)for postponing fixing a time and place for a hearing, or postponing a time fixed for a hearing, for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, and]
(ii)for enabling an [F6employment tribunal] to review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with the regulations,
(g)for the appointment of one or more assessors for the purposes of any proceedings before an [F6employment tribunal], where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,
(h)for authorising an [F6employment tribunal] to require persons to furnish information and produce documents to a person required for the purposes of section 2A(1)(b) of the M1Equal Pay Act 1970 to prepare a report, and
(j)for the registration and proof of decisions, orders and awards of [F6employment tribunals].
[F9(3ZA)Employment tribunal procedure regulations may—
(a)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,
(b)authorise the Secretary of State to prescribe requirements in relation to documents to be supplied with any such form, and
(c)make provision about the publication of anything prescribed under authority conferred by virtue of this subsection.]
[F10[F11(3A)Employment tribunal procedure regulations may authorise the determination of proceedings without any hearing in such circumstances as the regulations may prescribe.]
[F12(3AA)Employment tribunal procedure regulations under subsection (3A) may only authorise the determination of proceedings without any hearing in circumstances where—
(a)all the parties to the proceedings consent in writing to the determination without a hearing, or
(b)the person (or, where more than one, each of the persons) against whom the proceedings are brought—
(i)has presented no response in the proceedings, or
(ii)does not contest the case.
(3AB)For the purposes of subsection (3AA)(b), a person does not present a response in the proceedings if he presents a response but, in accordance with provision made by the regulations, it is not accepted.]
F10(3B)Employment tribunal procedure regulations may authorise the determination of proceedings without hearing anyone other than the person or persons by whom the proceedings are brought (or his or their representatives) where—
(a)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
(b)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.
F10(3C)Employment tribunal procedure regulations may authorise the determination of proceedings without hearing anyone other than the person or persons by whom, and the person or persons against whom, the proceedings are brought (or his or their representatives) where—
(a)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
(b)the proceedings relate only to a preliminary issue which may be heard and determined in accordance with regulations under section 9(4).]
(4)A person who without reasonable excuse fails to comply with—
(a)any requirement imposed by virtue of subsection (3)(d) or (h), or
(b)any requirement with respect to the discovery, recovery or inspection of documents imposed by virtue of subsection (3)(e), [F13or
F13(c)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),]
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)Subject to any regulations under section 11(1)(a), [F6employment tribunals] procedure regulations may include provision authorising or requiring an [F6employment tribunal], in circumstances specified in the regulations, to send notice or a copy of—
(a)any document specified in the regulations which relates to any proceedings before the tribunal, or
(b)any decision, order or award of the tribunal,
to any government department or other person or body so specified.
(6)Where in accordance with [F6employment tribunal] procedure regulations an [F6employment tribunal] determines in the same proceedings—
(a)a complaint presented under section 111 of the M2Employment Rights Act 1996, and
(b)a question referred under section 163 of that Act,
subsection (2) of that section has no effect for the purposes of the proceedings in so far as they relate to the complaint under section 111.
Textual Amendments
F6Words in s. 7 and sidenote 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
F7S. 7(3)(f)(i) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 14(1)(2), Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1
F8S. 7(3)(f)(ia) inserted (9.7.2004) by 2002 c. 22, ss. 24(1), 55(2); S.I. 2004/1717, art. 2(1)
F9S. 7(3ZA) inserted (9.7.2004) by 2002 c. 22, ss. 25, 55(2); S.I. 2004/1717, art. 2(1)
F11S. 7(3A) substituted (9.7.2004) by 2002 c. 22, ss. 26, 55(2); S.I. 2004/1717, art. 2(1)
F12S. 7(3AA)(3AB) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 4, 22(1)(a); S.I. 2008/3232, art. 2 (with art. 3, Sch.)
F13S. 7(4)(c) and word “or" immediately preceding inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 14(1)(3); S.I. 1998/1658, art. 2(1), Sch. 1
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))
Marginal Citations
[F15(A1)The Senior President of Tribunals may make directions about the procedure of employment tribunals.]
(1)Employment tribunal procedure regulations may include provision—
(a)enabling the [F16territorial] President to make directions about the procedure of employment tribunals, including directions about the exercise by tribunals of powers under such regulations,
(b)for securing compliance with [F17directions under subsection (A1) or paragraph (a) ], and
(c)about the publication of [F18directions under subsection (A1) or paragraph (a) ].
(2)Employment tribunal procedure regulations may, instead of providing for any matter, refer to provision made or to be made about that matter by directions made [F19under subsection (A1) or (1)(a) ].
[F20(2A)The power under subsection (A1) includes—
(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 (1)(a) 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 [F21territorial] 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
F14S. 7A inserted (9.7.2004) by 2002 c. 22, ss. 27, 55(2); S.I. 2004/1717, art. 2(1)
F15S. 7A(A1) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(2); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
F16Word in s. 7A(1)(a) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(3)(a); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
F17Words in s. 7A(1)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(3)(b); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
F18Words in s. 7A(1)(c) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(3)(b); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
F19Words in s. 7A(2) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(4); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
F20S. 7A(2A)-(2E) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(5); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
F21Word in s. 7A(3) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 41(6); S.I. 2008/2696, art. 5(c)(i) (with art. 3)
(1)Employment tribunal procedure regulations may include provision enabling practice directions to 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 included in employment tribunal procedure regulations by virtue of subsection (1) includes provision for enabling practice directions to provide for 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 [F23ACAS] .
(6)In this section—
“member” means a member of a panel of members of employment tribunals (whether or not a panel of [F24 Employment Judges ] );
“practice direction” means a direction under section 7A;
“proceedings” means proceedings before an employment tribunal.]
Textual Amendments
F22S. 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)
F23Words in s. 7B(5) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 4; S.I. 2014/253, art. 3(f)
F24Words in s. 7B(6) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)
(1)Where in proceedings brought by virtue of section 3 an [F25employment 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 [F25employment 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 [F25employment 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
F25Words 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
(1)[F26Employment tribunal] procedure regulations may include provision—
(a)for authorising the carrying-out by an [F26employment tribunal ]of a preliminary consideration of any proceedings before it (a “pre-hearing review”), and
(b)for enabling such powers to be exercised in connection with a pre-hearing review as may be prescribed by the regulations.
(2)Such regulations may in particular include provision—
(a)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 [F27£500], 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.
[F28(2A)Regulations under subsection (1)(b), so far as relating to striking out, may not provide for striking out on a ground which does not apply outside a pre-hearing review.]
(3)The Secretary of State may from time to time by order substitute for the sum specified in subsection (2)(a) such other sum as is specified in the order.
(4)[F26Employment tribunal] procedure regulations may also include provision for authorising an [F26employment tribunal] to hear and determine [F29separately any preliminary issue of a description prescribed by the regulations which is raised by any case].
Textual Amendments
F26Words in s. 9(1)(2)(4) 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
F27Words in s. 9(2)(a) substituted (23.2.2001) by S.I. 2001/237, art. 2
F28S. 9(2A) inserted (9.7.2004) by 2002 c. 22, ss. 28(3), 55(2); S.I. 2004/1717, art. 2(1)
F29Words in s. 9(4) substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 15; S.I. 1998/1658, art. 2(1), Sch. 1
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))
(1)If on a complaint under—
[F31(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),[F32, or
(c)regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list).]
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)Employment tribunal procedure 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 Chairman in relation to particular proceedings if he considers it expedient in the interests of national security.
(5)Employment tribunal procedure 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;
(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.
[F33(6)Employment tribunal procedure 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), employment tribunal procedure 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), employment tribunal procedure 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).]
Textual Amendments
F30Ss. 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))
F31S. 10(1)(a) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59, Sch. 1 para. 24; S.I. 2004/2566, art. 3(b) (subject to arts. 4-8)
F32S. 10(1)(c) and word inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), regs. 1(b), 17(2)(b)
F33S. 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)
(1)Employment tribunal procedure regulations may enable an employment tribunal to sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of—
(a)information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,
(b)information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or
(c)information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 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.
(2)The reference in subsection (1)(c) to any undertaking of a person or in which he works shall be construed—
(a)in relation to a person in Crown employment, as a reference to the national interest,
(b)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
(c)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.
Textual Amendments
F34Ss. 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))
(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 M3Broadcasting Act 1990.
Textual Amendments
F35Ss. 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
(1)[F36Employment tribunal] procedure regulations 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 [F36employment 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 M4Sexual Offences (Amendment) Act 1992,
“restricted reporting order” means an order—
made in exercise of a power conferred by regulations made by virtue of this section, and
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 M5Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the M6Criminal Procedure (Scotland) Act 1995 applies (offences under the M7Sexual Offences Act 1956, Part I of the M8Criminal 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
F36Words 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
(1)This section applies to proceedings on a complaint under [F37section 17A or 25(8)] of the M9Disability Discrimination Act 1995 in which evidence of a personal nature is likely to be heard by the [F38employment tribunal] hearing the complaint.
(2)[F38Employment tribunal] procedure regulations may include provision in relation to proceedings to which this section applies for—
(a)enabling an [F38employment 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 regulations made by virtue of this section,
“relevant programme” means a programme included in a programme service, within the meaning of the M10Broadcasting Act 1990,
“restricted reporting order” means an order—
made in exercise of a power conferred by regulations made by virtue of this section, and
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
F37Words in s. 12(1) substituted (1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), reg. 31(2)
F38Words 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
[F39(1)Employment tribunal procedure regulations may include provision—
(a)for the award of costs or expenses;
(b)for the award of any allowances payable under section 5(2)(c) or (3).
(1A)Regulations under subsection (1) may include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an award against him under such regulations.
(1B)Employment tribunal procedure regulations may include provision for authorising an employment tribunal—
(a)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;
(b)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;
(c)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.
(1C)Employment tribunal procedure regulations may also include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1)(a) or (1B)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in a county court).]
(2)In relation to proceedings under section 111 of the M11Employment Rights Act 1996—
(a)where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint, F40. . .
F41(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F42employment tribunal] procedure regulations shall include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed F40. . . or of comparable or suitable employment.
Textual Amendments
F39S. 13(1)-(1C) substituted (9.7.2004) for s. 13(1) by 2002 c. 22, ss. 22(1), 55(2); S.I. 2004/1717, art. 2(1)
F40Words in s. 13(2)(a)(c) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 4(a), Sch. 9(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. II, Sch. 2 Pt. II
F41S. 13(2)(b) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 4, Sch. 9(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. II, Sch. 2 Pt. II
F42Words in s. 13 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
(1)Employment tribunal procedure regulations may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.
(2)Regulations under subsection (1) may include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an order against him under such regulations.
(3)If employment tribunal procedure regulations include—
(a)provision of the kind mentioned in subsection (1), and
(b)provision of the kind mentioned in section 13(1)(a),
they shall also include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.]
Textual Amendments
F43S. 13A inserted (9.7.2004) by 2002 c. 22, ss. 22(2), 55(2); S.I. 2004/1717, art. 2(1)
(1)The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of [F44employment tribunals] shall carry interest at such rate and between such times as may be prescribed by the order.
(2)Any interest due by virtue of such an order shall be recoverable as a sum payable in pursuance of the decision.
(3)The power conferred by subsection (1) includes power—
(a)to specify cases or circumstances in which interest is not payable,
(b)to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,
(c)to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,
(d)to provide that any enactment—
(i)does or does not apply in relation to interest payable by virtue of subsection (1), or
(ii)applies to it with such modifications as may be specified in the order,
(e)to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from [F44employment tribunals],
(f)to make such incidental or supplemental provision as the Secretary of State considers necessary.
(4)In particular, an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M12Judgments Act 1838 as that enactment has effect from time to time.
Textual Amendments
F44Words in s. 14(1)(3)(e) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Marginal Citations
(1)Any sum payable in pursuance of a decision of an [F45employment tribunal] in England and Wales which has been registered in accordance with [F45employment tribunal] procedure regulations [F46 shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court. ]
(2)Any order for the payment of any sum made by an [F45employment tribunal] in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3)In this section a reference to a decision or order of an [F45employment tribunal]—
(a)does not include a decision or order which, on being reviewed, has been revoked by the tribunal, and
(b)in relation to a decision or order which on being reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.
Textual Amendments
F45Words in s. 15 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
F46Words in s. 15(1) substituted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 43; S.I. 2008/2696, art. 6(b)(ii)