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(1)Subject to the following provisions of this section [F1and to section 7(3A)], proceedings before an [F2employment tribunal] shall be heard by—
(a)the person who, in accordance with regulations made under section 1(1), is the chairman, and
(b)two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.
(2)Subject to subsection (5), the proceedings specified in subsection (3) shall be heard by the person mentioned in subsection (1)(a) alone.
(3)The proceedings referred to in subsection (2) are—
(a)proceedings [F3on a complaint under section 68A [F4, 87] or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or] on an application under section 161, 165 or 166 of [F5that Act],
(b)proceedings on a complaint under section 126 of the M1Pension Schemes Act 1993,
(c)proceedings [F6on a reference under section 11, 163 or 170 of the Employment Rights Act 1996,] on a complaint under section 23 [F7, 34] or 188 of [F8that Act, on a complaint under section 70(1) of that Act relating to section 64 of that Act,] or on an application under section 128, 131 or 132 of that [F9Act or for an appointment under section 206(4) of that] Act,
[F10(ca)proceedings on a complaint under regulation 11(5) of the M2Transfer of Undertakings (Protection of Employment) Regulations 1981,]
(d)proceedings in respect of which an [F2employment tribunal] has jurisdiction by virtue of section 3 of this Act,
(e)proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2) (whether or not they have subsequently withdrawn it),
F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(g)proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.
(4)The Secretary of State may by order amend the provisions of subsection (3).
(5)Proceedings specified in subsection (3) shall be heard in accordance with subsection (1) if a person who, in accordance with regulations made under section 1(1), may be the chairman of an [F2employment tribunal], having regard to—
(a)whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (1),
(b)whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2),
(c)any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and
(d)whether there are other proceedings which might be heard concurrently but which are not proceedings specified in subsection (3),
decides at any stage of the proceedings that the proceedings are to be heard in accordance with subsection (1).
(6)Where (in accordance with the following provisions of this Part) the Secretary of State makes [F2employment tribunal] procedure regulations, the regulations may provide that [F12any act which is required or authorised by the regulations to be done by an employment tribunal and is of a description specified by the regulations for the purposes of this subsection may] be done by the person mentioned in subsection (1)(a) alone.
[F13(6A)Subsection (6) in particular enables employment tribunal procedure regulations to provide that—
(a)the determination of proceedings in accordance with regulations under section 7(3A), (3B) or (3C)(a),
(b)the carrying-out of pre-hearing reviews in accordance with regulations under subsection (1) of section 9 (including the exercise of powers in connection with such reviews in accordance with regulations under paragraph (b) of that subsection), or
(c)the hearing and determination of a preliminary issue in accordance with regulations under section 9(4) (where it involves hearing witnesses other than the parties or their representatives as well as where, in accordance with regulations under section 7(3C)(b), it does not),
may be done by the person mentioned in subsection (1)(a) alone.]
[F14(6B)Employment tribunal procedure regulations may (subject to subsection (6C)) also provide that any act which—
(a)by virtue of subsection (6) may be done by the person mentioned in subsection (1)(a) alone, and
(b)is of a description specified by the regulations for the purposes of this subsection,
may be done by a person appointed as a legal officer in accordance with regulations under section 1(1); and any act so done shall be treated as done by an employment tribunal.
F14(6C)But regulations under subsection (6B) may not specify—
(a)the determination of any proceedings, other than proceedings in which the parties have agreed the terms of the determination or in which the person bringing the proceedings has given notice of the withdrawal of the case, or
(b)the carrying-out of pre-hearing reviews in accordance with regulations under section 9(1).]
(7)Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security—
(a)the proceedings shall be heard and determined, and
(b)any act required or authorised by industrial tribunal procedure regulations to be done by an industrial tribunal in relation to the proceedings shall be done,
by the President of the Industrial Tribunals (England and Wales) appointed in accordance with regulations made under section 1(1), or by the President of the Industrial Tribunals (Scotland) so appointed, alone.
Textual Amendments
F1Words in s. 4(1) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 12(1)(2); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F2Words in s. 4(1)(3)(d)(5)(6) 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
F3Words in s. 4(3)(a) inserted (1.8.1998) by 1998 c. 8, s. 3(1)(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F4Words in s. 4(3)(a) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 12(1)(3); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F5Words in s. 4(3)(a) substituted (1.8.1998) by 1998 c. 8, s. 3(1)(2)(b); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F6Words in s. 4(3)(c) inserted (1.8.1998) by 1998 c. 8, s. 3(1)(3)(a); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F7Words in s. 4(3)(c) inserted (1.8.1998) by 1998 c. 8, s. 3(1)(3)(b); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F8Words in s. 4(3)(c) substituted (1.8.1998) by 1998 c. 8, s. 3(1)(3)(c); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F9Words in s. 4(3)(c) inserted (1.8.1998) by 1998 c. 8, s. 3(1)(3)(d); S,.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F10S. 4(3)(ca) inserted (1.8.1998) by 1998 c. 8, s. 3(1)(4); S.I. 1998/1658, art. 2(1), Sch. 1
F11S. 4(3)(f) (apart from word “and") repealed (1.8.1998) by 1998 c. 8, ss. 3(5), 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1
F12Words in s. 4(6) substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 12(1)(4); S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(1))
F13S. 4(6A) inserted (1.8.1998) by 1998 c. 8, s. 3(1)(6); S.I. 1998/1658, art. 2(1), Sch. 1
F14S. 4(6B)(6C) inserted (1.8.1998) by 1998 c. 8, s. 5; S.I. 1998/1658, art. 2(1), Sch. 1
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