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).