Amendment of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 20138
1
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 20136 are amended as follows.
2
In regulation 8(4) (panels of members for tribunals), omit the words from “and may select” to the end.
3
Omit regulation 9 (composition of tribunals).
4
In regulation 10 (national security proceedings – panel of members and composition of tribunals), omit paragraph (2).
5
In Schedule 1 (the employment tribunals rules of procedure)—
a
in rule 1 (interpretation)—
i
in paragraph (1), after the definition of “President” insert—
“presiding member” means a member selected by the Senior President of Tribunals in accordance with regulation 6(4) of the Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2023;
ii
omit paragraph (2);
b
in rule 13 (reconsideration of rejection)—
i
in paragraph (3)—
aa
for “an Employment Judge” substitute “the Tribunal”
, and
bb
for “the Judge” substitute “the Tribunal”
;
ii
in paragraph (4), for “Judge” substitute “Tribunal”
;
c
in rule 19 (reconsideration of rejection)—
i
in paragraph (3)—
aa
for “an Employment Judge” substitute “the Tribunal”
, and
bb
for “the Judge” substitute “the Tribunal”
;
ii
in paragraph (4)—
aa
for “a Judge” substitute “the Tribunal”
, and
bb
for “the Judge” substitute “the Tribunal”
;
d
in rule 20(3) (applications for extension of time for presenting response), for “An Employment Judge” substitute “The Tribunal”
;
e
in rule 21(2) (effect of non-presentation or rejection of response, or case not contested)—
i
for “An Employment Judge” substitute “The Tribunal”
;
ii
for “a Judge”, in each place it appears, substitute “the Tribunal”
;
iii
for “the Judge” substitute “the Tribunal”
;
iv
after the words “shall be fixed” omit “before a Judge alone”;
f
in rule 26 (initial consideration)—
i
in paragraph (1)—
aa
for “Employment Judge” substitute “Tribunal”
,
bb
for “the Tribunal” substitute “it”
,
cc
for “the jurisdiction of the Tribunal” substitute “its jurisdiction”
, and
dd
omit “the Judge”;
ii
in paragraph (2), for “the Judge” substitute “the Tribunal”
;
g
in rule 27 (dismissal of claim (or part))—
i
in paragraph (1)—
aa
for “Employment Judge” substitute “Tribunal”
, and
bb
in both instances in which it occurs, for “the Tribunal” substitute “it”
;
ii
in sub-paragraph (1)(a), for “the Judge’s” substitute “the Tribunal’s”
;
iii
in paragraph (3), for “an Employment Judge” substitute “the Tribunal”
;
iv
in paragraph (4), for “the Judge” substitute “the Tribunal”
;
h
in rule 28 (dismissal of response (or part))—
i
in paragraph (1), for “Employment Judge” substitute “Tribunal”
;
ii
in sub-paragraph (1)(a), for “Judge’s” substitute “Tribunal’s”
;
iii
in paragraph (3), for “an Employment Judge” substitute “the Tribunal”
;
iv
in paragraph (4), for “the Judge” substitute “the Tribunal”
;
i
in rule 36(1) (lead cases), omit “or the President”;
j
omit rule 49 (majority decisions);
k
omit rule 55 (constitution of tribunal for preliminary hearings);
l
in rule 60 (decisions made without a hearing), for “Employment Judge who has” substitute “member or members of the Tribunal who have”
;
m
in rule 61(3) (decisions made at or following a hearing), for “Employment Judge” substitute “presiding member”
;
n
in rule 62 (reasons), in both places where it occurs, for “Employment Judge” substitute “presiding member”
;
o
in rule 63 (absence of employment judge)—
i
in the title, for “Employment Judge” substitute “Presiding Member”
;
ii
for “Employment Judge” substitute “presiding member”
;
iii
for “full tribunal” substitute “tribunal composed of more than one member”
;
p
in rule 69 (correction of clerical mistakes and accidental slips)—
i
for “An Employment Judge” substitute “The Tribunal”
;
ii
for “Judge” substitute “presiding member of the Tribunal that made the correction”
;
q
in rule 72 (process)—
i
in paragraph (1)—
aa
for “An Employment Judge” substitute “The Tribunal”
,
bb
for “the Judge” substitute “the Tribunal”
, and
cc
for “Judge’s” substitute “Tribunal’s”
;
ii
in paragraph (2), for “Employment Judge” substitute “Tribunal”
;
iii
omit paragraph (3);
r
in rule 78(1)(b) (the amount of a costs order), in both instances in which it occurs, for “an Employment Judge” substitute “the Tribunal”
;
s
in rule 89 (substituted service), for “President, Vice President or a Regional Employment Judge”
substitute “Tribunal”;
t
in rule 97 (collective agreements)—
i
in paragraph (b), for “an Employment Judge” substitute “the Tribunal”
;
ii
in both places where it occurs, for “the Judge” substitute “the Tribunal”
.
6
In Schedule 3 (the employment tribunals (equal value) rules of procedure)—
a
in rule 6(1) (conduct of stage 2 equal value hearing), for “Any stage 2 equal value hearing shall be conducted by a full tribunal hearing and at the hearing” substitute “At a stage 2 equal value hearing”
;
b
in rule 12 (procedural matters), omit paragraph (3).