The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/94 |
2024 No. 94 (L. 2)
EMPLOYMENT TRIBUNALS
The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024
Made 26January 2024
Coming into force in accordance with regulation 1(1)
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 4(4), (7) and (8), 28(3), (6) and (7), and 41(4) of the Employment Tribunals Act 1996(a).
In accordance with section 41(2) of that Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
In accordance with sections 4(11) and 28(10) of that Act, the Lord Chancellor has consulted the Senior President of Tribunals.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Employment Tribunals and Employment Appeal
Tribunal (Composition of Tribunal) Regulations 2024 and come into force on the day after the day
on which they are made.
(2) These Regulations extend to England and Wales, and Scotland.
Interpretation
2. In these Regulations, “direction” means a direction made under section 7A or 29A of the
Employment Tribunals Act 1996(b).
(a) 1996 c. 17. Sections 4 and 28 were substituted by section 35 of the Judicial Review and Courts Act 2022 (c. 35). Section 41
was amended by section 12(4) of the Enterprise and Regulatory Reform Act 2013 (c. 24), section 150(5) of the Small
Business, Enterprise and Employment Act 2015 (c. 26), and section 35(4) of, and paragraph 25 of Schedule 5 to, the
Judicial Review and Courts Act 2022 (c. 35). The amendments made by section 35(4) of and paragraph 25 of Schedule 5 to
the Judicial Review and Courts Act 2022 were brought into force by regulations 2(b) and (f) of the Judicial Review and
Courts Act 2022 (Commencement No. 4) Regulations 2023 which were made before this instrument was laid before
Parliament. There are amendments to sections 4, 28 and 41 not relevant to these Regulations.
(b) Section 7A was added by section 27 of the Employment Act 2002 (c. 22) and amended by paragraph 41 of Schedule 8 to the
Tribunals, Courts and Enforcement Act 2007 (c. 15), and paragraphs (1) and (2) of Schedule 4 and paragraph 3 of Schedule
5 to the Judicial Review and Courts Act 2022 (c. 35). Section 29A was added by paragraph 47 of Schedule 8 to the
Tribunals, Courts and Enforcement Act 2007 and amended by paragraph (3) of Schedule 4 and paragraph 18 of Schedule 5
to the Judicial Review and Courts Act 2022. The amendments made by the Judicial Review and Courts Act 2022 mentioned
in this footnote were not brought into force by the Judicial Review and Courts Act 2022 (Commencement No. 4)
Regulations 2023 because that was not necessary for the operation of this instrument.
Number of members of an employment tribunal
3.—(1) The number of members of the tribunal who are to decide any matter that may fall to be
decided by an employment tribunal must be determined by the Senior President of Tribunals in a
direction in accordance with paragraphs (2) and (3).
(2) The Senior President of Tribunals must determine whether the tribunal is to consist of one,
two or three members in relation to any given matter.
(3) The Senior President of Tribunals must have regard to—
(a) the nature of the matter that falls to be decided and the means by which it is to be
decided; and
(b) the need for members of tribunals to have particular expertise, skills or knowledge.
(4) The power delegated to the Senior President of Tribunals by paragraph (2) may be exercised
by the Senior President of Tribunals for different purposes in connection with different cases or
matters or classes of cases or matters.
Number of members of the Appeal Tribunal
4.—(1) The number of members of the Tribunal who are to decide any matter that falls to be
decided by the Appeal Tribunal is one, unless determined otherwise under paragraph (2).
(2) The Tribunal may consist of two or three members if the Senior President of Tribunals so
determines in a direction in relation to any given matter.
(3) The power delegated to the Senior President of Tribunals by paragraph (2) may be exercised
by the Senior President of Tribunals for different purposes in connection with different cases or
matters or classes of cases or matters.
Tribunal consisting of a single member
5.—(1) Where a matter in the employment tribunal is to be decided by a single member, it must
be decided by an Employment Judge.
(2) Where a matter in the Appeal Tribunal is to be decided by a single member, it must be
decided by a judge of that tribunal.
Tribunal consisting of two or more members
6.—(1) Subject to paragraph (2), where a matter in the employment tribunal or Appeal Tribunal,
as the case may be, is to be decided by more than one member, the number of members who are to
be judges and the number of members who are not judges must be determined by the Senior
President of Tribunals in a direction.
(2) At least one of the members must be a judge.
(3) Without prejudice to regulations 8(2)(b) and (c) of the Employment Tribunals (Constitution
and Rules of Procedure) Regulations 2013(a) or, as the case may be, section 22(2) of the
Employment Tribunals Act 1996(b), the Senior President of Tribunals may in a direction in
accordance with regulation 3(1) or, as the case may be, regulation 4(2), determine whether
members who are not judges must have any qualifications and, if so, what those qualifications
must be.
(4) The Senior President of Tribunals must select one of the members (the “presiding member”)
to chair the tribunal.
(a) S.I. 2013/1237. Regulation 8 was amended by regulation 3 of, S.I. 2020/1003.
(b) Section 22 was amended by paragraph 246 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005
(c. 4), paragraph 11 of Schedule 14 to the Crime and Courts Act 2013 (c. 22), and section 1(5) of the Courts and Tribunals
(Judiciary and Functions of Staff) Act 2018 (c. 33).
(5)...
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