F5PART IF2Employment Tribunals
Words 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
F6 Costs etc, interest and enforcement
S. 13 cross-heading inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 3 (with s. 24(5)); S.I. 2014/253, art. 3(h)
13AF1 Payments in respect of preparation time
1
F12Procedure Rules 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
F72A
F10If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the F11Rules.
2B
For the purposes of subsection (2A)—
a
a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with F16Procedure Rules (whether before or after the hearing has begun), and
b
“postponement” includes adjournment.
3
If F8Procedure Rules include—
a
provision of the kind mentioned in subsection (1), and
b
provision F15for the award of costs or expenses,
they shall also F4 , subject to subsection (4), 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.
F34
Subsection (3) does not require F9Procedure Rules to include provision to prevent an employment tribunal from making—
a
an order of the kind mentioned in subsection (1), and
b
an award F17of costs or expenses that is limited to witnesses' expenses.
S. 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)