The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

JurisdictionEngland & Wales
CitationSI 2013/1237

2013No. 1237

EMPLOYMENT TRIBUNALS

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

28thMay2013

31stMay2013

for the purpose of regulations 1, 3 and 11

1stJuly2013

for all other purposes

29thJuly2013

The Secretary of State, in exercise of the powers conferred by section 24(2) of the Health and Safety at Work etc. Act 1974( 1), sections 1(1), 4(6) and (6A), 7(1), (3), (3ZA), (3A), (3AA), (3AB), (3B), (3C) and (5), 7A(1) and (2), 7B(1) and (2), 9(1) and (2), 10(2), (5), (6) and (7), 10A(1), 11(1), 12(2), 13, 13A, 19, and 41(4) of the Employment Tribunals Act 1996( 2), paragraph 37 of Schedule 6 to the Scotland Act 1998( 3), and paragraph 32 of Schedule 9 to the Government of Wales Act 2006( 4), makes the following Regulations.

The Secretary of State has consulted with the Administrative Justice and Tribunals Council, and that Council has consulted with the Scottish Committee and the Welsh Committee, in accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007( 5).

Citation and commencement

1.-(1) These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and the Rules of Procedure contained in Schedules 1, 2 and 3 may be referred to, respectively, as-

(a) the Employment Tribunals Rules of Procedure 2013;(b) the Employment Tribunals (National Security) Rules of Procedure 2013; and(c) the Employment Tribunals (Equal Value) Rules of Procedure 2013.

(2) This regulation and regulations 3 and 11 come into force on 1st July 2013 and the remainder of these Regulations (including the Schedules) come into force on 29th July 2013.

Revocation

2. Subject to the savings in regulation 15 the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004( 6) are revoked.

Interpretation

3. Except in the Schedules which are subject to the definitions contained in the Schedules, in these Regulations-

"2004 Regulations" means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004;

"appointing office holder" means, in England and Wales, the Lord Chancellor, and in Scotland, the Lord President;

"Employment Tribunals Act" means the Employment Tribunals Act 1996;

"Lord President" means the Lord President of the Court of Session;

"national security proceedings" means proceedings in relation to which a direction is given, or an order is made, under rule 94 of Schedule 1;

"President" means either of the two presidents appointed from time to time in accordance with regulation 5(1);

"Regional Employment Judge" means a person appointed or nominated in accordance with regulation 6(1) or (2);

"Senior President of Tribunals" means the person appointed in accordance with section 2 of the Tribunals, Courts and Enforcement Act 2007;

"Tribunal" means an employment tribunal established in accordance with regulation 4 and, in relation to any proceedings, means the Tribunal responsible for the proceedings in question, whether performing administrative or judicial functions;

"Vice President" means a person appointed or nominated in accordance with regulation 6(3) or (4).

Establishment of employment tribunals

4. There are to be tribunals known as employment tribunals.

President of Employment Tribunals

5.-(1) There shall be a President of Employment Tribunals, responsible for Tribunals in England and Wales, and a President of Employment Tribunals, responsible for Tribunals in Scotland, appointed by the appointing office holder.

(2) A President shall be-

(a) a person who satisfies the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis;(b) an advocate or solicitor admitted in Scotland of at least five years standing; or(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least five years standing.

(3) A President may at any time resign from office by giving the appointing officer holder notice in writing to that effect.

(4) The appointing officer holder may remove a President from office on the ground of inability or misbehaviour, or if the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors.

(5) Where a President is unable to carry out the functions set out in these Regulations, those functions may be discharged by a person nominated by the appointing office holder (save that any nomination in relation to England and Wales shall be made by the Lord Chief Justice following consultation with the Senior President of Tribunals, rather than by the Lord Chancellor).

(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005( 7)) to exercise his functions under this regulation.

Regional Employment Judges and the Vice President

6.-(1) The Lord Chancellor may appoint Regional Employment Judges.

(2) The President (England and Wales) or the Regional Employment Judge for an area may nominate an Employment Judge to discharge the functions of the Regional Employment Judge for that area.

(3) The Lord President may appoint a Vice President.

(4) The President (Scotland) or the Vice President may nominate an Employment Judge to discharge the functions of the Vice President.

(5) Appointments and nominations under this regulation shall be from the full-time Employment Judges on the panel referred to in regulation 8(2)(a).

Responsibilities of the Presidents, Regional Employment Judges and Vice President

7.-(1) The President shall, in relation to the area for which the President is responsible, use the resources available to-

(a) secure, so far as practicable, the speedy and efficient disposal of proceedings;(b) determine the allocation of proceedings between Tribunals; and(c) determine where and when Tribunals shall sit.

(2) The President (England and Wales) may direct Regional Employment Judges, and the President (Scotland) may direct the Vice President, to take action in relation to the fulfilment of the responsibilities in paragraph (1) and the Regional Employment Judges and Vice President shall follow such directions.

Panels of members for tribunals

8.-(1) There shall be three panels of members for the Employment Tribunals (England and Wales) and three panels of members for the Employment Tribunals (Scotland).

(2) The panels of members shall be-

(a) a panel of chairmen who satisfy the criteria set out in regulation 5(2) and are appointed by the appointing office holder (in these Regulations (including the Schedules) referred to as "Employment Judges");(b) a panel of persons appointed by the Lord Chancellor after consultation with organisations or associations representative of employees; and(c) a panel of persons appointed by the Lord Chancellor after consultation with organisations or associations representative of employers.

(3) Members of the panels shall hold and vacate office in accordance with the terms of their appointment, but may resign from office by written notice to the person who appointed them under paragraph (2), and any member who ceases to hold office shall be eligible for reappointment.

(4) The President may establish further specialist panels of members referred to in paragraph (2) and may select persons from those panels to deal with proceedings in which particular specialist knowledge would be beneficial.

Composition of tribunals

9.-(1) Where proceedings are to be determined by a Tribunal comprising an Employment Judge and two other members, the President, Vice President or a Regional Employment Judge shall select-

(a) an Employment Judge; and(b) one member from each of the panels referred to in regulation 8(2)(b) and (c),

and for all other proceedings shall select an Employment Judge.

(2) The President, Vice President or a Regional Employment Judge may select him or herself as the Employment Judge required under paragraph (1).

(3) The President, Vice President or a Regional Employment Judge may select from the appropriate panel a substitute for a member previously selected to hear any proceedings.

(4) This regulation does not apply in relation to national security proceedings (see regulation 10(2)).

National security proceedings - panel of members and composition of tribunals

10.-(1) The President shall select-

(a) a panel of persons from the panel referred to in regulation 8(2)(a);(b) a panel of persons from the panel referred to in regulation 8(2)(b); and(c) a panel of persons from the panel referred to in regulation 8(2)(c),

who may act in national security proceedings.

(2) Where proceedings become national security proceedings, the President, Vice President or a Regional Employment Judge shall-

(a) select an Employment Judge from the panel referred to in paragraph (1)(a) and may select him or herself; and(b) where the proceedings are to be determined by a Tribunal comprising an Employment Judge and two other members, select in addition one member from each of the panels referred to in sub-paragraphs (b) and (c) of paragraph (1).

Practice directions

11.-(1) The President may make, vary or revoke practice directions about the procedure of the Tribunals in the area for which the President is responsible, including-

(a) practice directions about the exercise by Tribunals of powers under these Regulations (including the Schedules); and(b) practice directions about the provision by Employment Judges of mediation, in relation to disputed matters in a case that is the subject of proceedings, and may permit an Employment Judge to act as mediator in a case even though they have been selected to decide matters in that case.

(2) Practice directions may make different provision for different cases, different areas, or different types of proceedings.

(3) Any practice direction made, varied or revoked shall be published by the President in an appropriate manner to bring it to the attention of the persons to whom it is...

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