The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994

Death and bankruptcy E+W

9.—(1) Where proceedings in respect of a contract claim have been brought before an [F1 employment tribunal] and an employee or employer party to them dies before their conclusion, the proceedings shall not abate by reason of the death and the tribunal may, if it thinks it necessary in order to ensure that all matters in dispute may be effectually and completely determined and adjudicated upon, order the personal representatives of the deceased party, or other persons whom the tribunal considers appropriate, to be made parties and the proceedings to be carried on as if they had been substituted for the deceased party.

(2) Where proceedings in respect of a contract claim have been brought before an [F1 employment tribunal] and the employee or employer who is the applicant party to them becomes bankrupt before their conclusion, the proceedings shall not abate by reason of the bankruptcy and the tribunal may, if it thinks it necessary in order to ensure that all matters in dispute may be effectually and completely adjudicated upon, order the person in whom the interest of the bankrupt party has vested to be made a party and the proceedings to be carried on as if he had been substituted for the bankrupt party.

Textual Amendments

F1 Words in Order substituted (1.8.1998) by Employment Rights (Dispute Resolution) Act 1998 (c. 8), ss. 1(2)(a), 17(1); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I1 Art. 9 in force at 12.7.1994, see art. 1(1)