Employment Rights (Dispute Resolution) Act 1998

JurisdictionUK Non-devolved
(1) Industrial tribunals are renamed employment tribunals.for the words “industrial tribunal” substitute “ employment tribunal ”,for the words “industrial tribunals” substitute “ employment tribunals ”,for the words “the Industrial Tribunals Act 1996” substitute “ the Employment Tribunals Act 1996,for the words “President of the Industrial Tribunals (England and Wales) ” substitute “ President of the Employment Tribunals (England and Wales) ”, andfor the words “President of the Industrial Tribunals (Scotland) ” substitute “ President of the Employment Tribunals (Scotland) ”.
  • In section 7 of the
  • Employment tribunal procedure regulations may authorise the determination of proceedings without any hearing (and in private) where the parties have given their written consent (whether or not they have subsequently withdrawn it) .the person (or, where more than one, each of the persons) against whom the proceedings are brought has done nothing to contest the case, orit appears from the application made by the person (or, where more than one, each of the persons) bringing the proceedings that he is not (or they are not) seeking any relief which an employment tribunal has power to give or that he is not (or they are not) entitled to any such relief.an employment tribunal is on undisputed facts bound by the decision of a court in another case to dismiss the case of the person or persons by whom, or of the person or persons against whom, the proceedings are brought, orthe proceedings relate only to a preliminary issue which may be heard and determined in accordance with regulations under section 9(4) .(1) In section 4 of the Employment Tribunals Act 1996 (which makes provision about the composition of an employment tribunal) , subsection (3) (which specifies the tribunal proceedings which are to be heard by the chairman alone unless he decides otherwise) is amended in accordance with subsections (2) to (5) .after “proceedings” insert “ on a complaint under section 68A or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or ”, andfor “the after “proceedings” insert “ on a reference under section 11, 163 or 170 of the Employment Rights Act 1996, ”,after “section 23” insert “ , 34 ”,for “the Employment Rights Act 1996 or” substitute “ that Act, on a complaint under section 70(1) of that Act relating to section 64 of that Act, ”, andafter “that” insert “ Act or for an appointment under section 206(4) of that ”.(4) After that paragraph insert—
    • (ca) proceedings on a complaint under regulation 11(5) of the Transfer of Undertakings (Protection of Employment) Regulations 1981,
    proceedings on a complaint under regulation 11(5) of the (5) Omitparagraph (f) (which specifies proceedings in which the person bringing the proceedings has given written notice withdrawing the case) , apart from the word “and”.(6) After subsection (6) of that section (which makes provision for employment tribunal procedure regulations to provide that any act required or authorised by the regulations to be done by a tribunal may be done by the chairman alone) insert—
    • “(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.
    the determination of proceedings in accordance with regulations under section 7(3A) , (3B) or (3C) (a) ,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) , orthe 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) ,
  • In subsection (1) of section 4 of the
  • two other members selected as the other members in accordance with regulations so made or, with appropriate consent, one other member selected as the other member in accordance with regulations so made;
  • After subsection (6A) of section 4 of the
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