Textual Amendments
F1S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)
F2Words 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 [F3employment 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)[F4Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or ] [F5Part I of the Arbitration Act 1996] [F6does not apply] [F6applies] to any proceedings before an [F3employment tribunals].
Textual Amendments
F3Words 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
F4Words 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)
F5Words 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)
F6Word 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)
Procedure Rules (see section 37QA) are to govern the practice and procedure to be followed in employment tribunals.]
Textual Amendments
F7S. 7 substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), ss. 34(2), 51(4) (with s. 36); S.I. 2024/568, reg. 2(a)
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))
[F9(A1)The Senior President of Tribunals may make directions about the [F10practice and] procedure of employment tribunals.]
[F11(1)The territorial President may make directions about the practice and procedure of employment tribunals.]
F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(2A)The [F14powers 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 [F15(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 [F16territorial] 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
F8S. 7A inserted (9.7.2004) by 2002 c. 22, ss. 27, 55(2); S.I. 2004/1717, art. 2(1)
F9S. 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)
F10Words in s. 7A(A1) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(2); S.I. 2023/1194, reg. 2(f)
F11S. 7A(1) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(3); S.I. 2023/1194, reg. 2(f)
F12S. 7A(2) omitted (7.11.2023) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(4); S.I. 2023/1194, reg. 2(f)
F13S. 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)
F14Words in s. 7A(2A) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(5); S.I. 2023/1194, reg. 2(f)
F15Word in s. 7A(2C) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 3(6); S.I. 2023/1194, reg. 2(f)
F16Word 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)
[F18(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)[F19Practice 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 [F20made] by virtue of subsection (1) includes provision for F21... 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 [F22ACAS] .
(6)In this section—
“member” means a member of a panel of members of employment tribunals (whether or not a panel of [F23 Employment Judges ] );
“practice direction” means a direction under section 7A;
“proceedings” means proceedings before an employment tribunal.]
Textual Amendments
F17S. 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)
F18S. 7B(A1) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(2); S.I. 2024/568, reg. 2(b)(ii)
F19Words in s. 7B(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(3); S.I. 2024/568, reg. 2(b)(ii)
F20Word in s. 7B(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(4)(a); S.I. 2024/568, reg. 2(b)(ii)
F21Words in s. 7B(2) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 4(4)(b); S.I. 2024/568, reg. 2(b)(ii)
F22Words 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)
F23Words 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 [F24employment 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 [F24employment 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 [F24employment 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
F24Words 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
[F26(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 [F27Rules] may in particular include provision—
(a)for authorising any tribunal carrying out a [F28preliminary hearing] F29... to make, in circumstances specified in the [F30Rules], an order requiring a party to the proceedings in questionF31... to pay a deposit F32... [F33as 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.
[F34(2ZA)Procedure Rules of the kind mentioned in subsection (2)(a) may not provide for a deposit of an amount exceeding £1,000.]
[F35(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 [F36Lord Chancellor] may from time to time by order substitute for the sum specified in subsection [F37(2ZA)] such other sum as is specified in the order.
F38(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F39(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
F25S. 9 heading substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(2); S.I. 2024/568, reg. 2(b)(ii)
F26S. 9(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(3); S.I. 2024/568, reg. 2(b)(ii)
F27Word in s. 9(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(a); S.I. 2024/568, reg. 2(b)(ii)
F28Words in s. 9(2)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(i); S.I. 2024/568, reg. 2(b)(ii)
F29Words in s. 9(2)(a) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(ii); S.I. 2024/568, reg. 2(b)(ii)
F30Word in s. 9(2)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(iii); S.I. 2024/568, reg. 2(b)(ii)
F31Words 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)
F32Words in s. 9(2)(a) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(4)(b)(iv); S.I. 2024/568, reg. 2(b)(ii)
F33Words in s. 9(2)(a) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(2)(b), 103(2)
F34S. 9(2ZA) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(5); S.I. 2024/568, reg. 2(b)(ii)
F35S. 9(2A) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(6); S.I. 2024/568, reg. 2(b)(ii)
F36Words in s. 9(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(7)(a); S.I. 2024/568, reg. 2(b)(ii)
F37Word in s. 9(3) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(7)(b); S.I. 2024/568, reg. 2(b)(ii)
F38S. 9(4) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(8); S.I. 2024/568, reg. 2(b)(ii)
F39S. 9(5) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 5(9); S.I. 2024/568, reg. 2(b)(ii)
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—
[F41(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),[F42, F43...
(c)regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list)] [F44or
(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)F45... 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 [F46Employment Judge] in relation to particular proceedings if he considers it expedient in the interests of national security.
(5)F47... 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.
[F48(6)F49... 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), F50... 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), F51... 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).]
[F52(10)Regulations under this section are to be made by the Lord Chancellor.]
Textual Amendments
F40Ss. 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))
F41S. 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)
F42S. 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)
F43Word in s. 10(1)(b) omitted (23.5.2018) by virtue of The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(2)(a)
F44S. 10(1)(d) and word inserted (23.5.2018) by The Employment Rights Act 1996 (NHS Recruitment Protected Disclosure) Regulations 2018 (S.I. 2018/579), regs. 1(2), 10(2)(b)
F45Words in s. 10(2) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)
F46Words in s. 10(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(3); S.I. 2013/2200, art. 3(g)
F47Words in s. 10(5) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)
F48S. 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)
F49Words in s. 10(6) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(2); S.I. 2024/568, reg. 2(b)(ii)
F50Words in s. 10(6) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(3); S.I. 2024/568, reg. 2(b)(ii)
F51Words in s. 10(7) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(3); S.I. 2024/568, reg. 2(b)(ii)
F52S. 10(10) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 6(4); S.I. 2024/568, reg. 2(b)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F53S. 10A omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 7; S.I. 2024/568, reg. 2(b)(ii)
(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
F54Ss. 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)[F55Procedure 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 [F56employment 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—
made in exercise of a power conferred by [F57Procedure Rules of the kind mentioned in subsection (1)(b)], 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 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
F55Words in s. 11(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 8(a); S.I. 2024/568, reg. 2(b)(ii)
F56Words 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
F57Words in s. 11(6) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 8(b); S.I. 2024/568, reg. 2(b)(ii)
Marginal Citations
(1)This section applies to proceedings on a complaint under [F58section 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 [F59employment tribunal] hearing the complaint.
(2)[F60Procedure Rules] may include provision in relation to proceedings to which this section applies for—
(a)enabling an [F59employment 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 [F61Procedure 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—
made in exercise of a power conferred by [F62Procedure Rules of the kind mentioned in subsection (2)(a)], 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
F58Words 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)
F59Words 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
F60Words in s. 12(2) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 9(a); S.I. 2024/568, reg. 2(b)(ii)
F61Words in s. 12(7) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 9(b)(i); S.I. 2024/568, reg. 2(b)(ii)
F62Words in s. 12(7) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 9(b)(ii); S.I. 2024/568, reg. 2(b)(ii)
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