The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
| Jurisdiction | UK Non-devolved |
2004 No. 1861
EMPLOYMENT TRIBUNALS
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
Made 19th July 2004
Laid before Parliament 20th July 2004
Coming into force 1st October 2004
The Secretary of State, in exercise of the powers conferred on her by section 24(2) of the Health and Safety at Work etc. Act 19741, sections 1(1), 4(6), and (6A), 7(1), (3), (3ZA), (3A), and (5), 7A(1) and (2), 9(1), (2) and (4), 10(2), (5), (6) and (7), 10A(1), 11(1), 12(2), 13, 13A(1) and (2), 19 and 41(4) of the Employment Tribunals Act 19962and paragraph 36 of Schedule 8 to the Government of Wales Act 19983, and paragraph 37 of Schedule 6 to the Scotland Act 19984, and after consultation with the Council of Tribunals, in accordance with section 8(1) of the Tribunals and Inquiries Act 19925, hereby makes the following Regulations: —
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and the Rules of Procedure contained in Schedules 1, 2, 3, 4 and 5 to these Regulations may be referred to, respectively, as —
(a)
(a) the Employment Tribunals Rules of Procedure;
(b)
(b) the Employment Tribunals (National Security) Rules of Procedure;
(c)
(c) the Employment Tribunals (Levy Appeals) Rules of Procedure;
(d)
(d) the Employment Tribunals (Health and Safety – Appeals against Improvement and Prohibition Notices) Rules of Procedure; and
(e)
(e) the Employment Tribunals (Non-Discrimination Notices Appeals) Rules of Procedure.
(2) These Regulations shall come into force on 1 October 2004.
(3) Subject to the savings in regulation 20, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 20016and the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 20017are revoked.
Interpretation
2. In these Regulations and in Schedules 1, 2, 3, 4 and 5: —
“ACAS” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of TULR(C)A;
“appointing office holder” means, in England and Wales, the Lord Chancellor, and in Scotland, the Lord President;
“chairman” means the President or a member of the panel of chairmen appointed in accordance with regulation 8(3)(a), or, for the purposes of national security proceedings, a member of the panel referred to in regulation 10 selected in accordance with regulation 11(a), and in relation to particular proceedings it means the chairman to whom the proceedings have been referred by the President, Vice President or a Regional Chairman;
“compromise agreement” means an agreement to refrain from continuing proceedings where the agreement meets the conditions in section 203(3) of the Employment Rights Act;
“constructive dismissal” has the meaning set out in section 95(1)(c) of the Employment Rights Act;
“Disability Discrimination Act” means the Disability Discrimination Act 19958;
“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 20009;
“Employment Act” means the Employment Act 200210;
“Employment Rights Act” means the Employment Rights Act 199611;
“Employment Tribunals Act” means the Employment Tribunals Act 199612;
“Employment Tribunal Office” means any office which has been established for any area in either England & Wales or Scotland specified by the President and which carries out administrative functions in support of functions being carried out by a tribunal or chairman, and in relation to particular proceedings it is the office notified to the parties in accordance with rule 61(3) of Schedule 1;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“Equal Pay Act” means the Equal Pay Act 197013;
“excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of:–
(a) a direction of a Minister of the Crown under rule 54(1)(b) or (c) of Schedule 1, or
(b) an order of the tribunal under rule 54(2)(a) read with 54(1)(b) or (c) of Schedule 1;
“hearing” means a case management discussion, pre-hearing review, review hearing or Hearing (as those terms are defined in Schedule 1) or a sitting of a chairman or a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawful to enable the chairman or tribunal to reach a decision on any question;
“legally represented” has the meaning set out in rule 38(5) of Schedule 1;
“Lord President” means the Lord President of the Court of Session;
“misconceived” includes having no reasonable prospect of success;
“national security proceedings” means proceedings in relation to which a direction is given under rule 54(1) of Schedule 1, or an order is made under rule 54(2) of that Schedule;
“old (England & Wales) regulations” means the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001;
“old (Scotland) regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001;
“panel of chairmen” means a panel referred to in regulation 8(3)(a);
“President” means, in England and Wales, the person appointed or nominated by the Lord Chancellor to discharge for the time being the functions of the President of Employment Tribunals (England and Wales), and, in Scotland, the person appointed or nominated by the Lord President to discharge for the time being the functions of the President of Employment Tribunals (Scotland);
“Race Relations Act” means the Race Relations Act 197614;
“Regional Chairman” means a member of the panel of chairmen who has been appointed to the position of Regional Chairman in accordance with regulation 6 or who has been nominated to discharge the functions of a Regional Chairman in accordance with regulation 6;
“Register” means the Register of judgments and written reasons kept in accordance with regulation 17;
“Secretary” means a person for the time being appointed to act as the Secretary of employment tribunals either in England and Wales or in Scotland;
“Sex Discrimination Act” means the Sex Discrimination Act 197515;
“special advocate” means a person appointed in accordance with rule 8 of Schedule 2;
“tribunal” means an employment tribunal established in accordance with regulation 5, and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President, Vice President or a Regional Chairman;
“TULR(C)A” means the Trade Union and Labour Relations (Consolidation) Act 199216;
“Vice President” means a person who has been appointed to the position of Vice President in accordance with regulation 7 or who has been nominated to discharge the functions of the Vice President in accordance with that regulation;
“writing” includes writing delivered by means of electronic communication.
Overriding objective
3.—(1) The overriding objective of these regulations and the rules in Schedules 1, 2, 3, 4 and 5 is to enable tribunals and chairmen to deal with cases justly.
(2) Dealing with a case justly includes, so far as practicable: —
(a)
(a) ensuring that the parties are on an equal footing;
(b)
(b) dealing with the case in ways which are proportionate to the complexity or importance of the issues;
(c)
(c) ensuring that it is dealt with expeditiously and fairly; and
(d)
(d) saving expense.
(3) A tribunal or chairman shall seek to give effect to the overriding objective when it or he: —
(a)
(a) exercises any power given to it or him by these regulations or the rules in Schedules 1, 2, 3, 4 and 5; or
(b)
(b) interprets these regulations or any rule in Schedules 1, 2, 3, 4 and 5.
(4) The parties shall assist the tribunal or the chairman to further the overriding objective.
President of Employment Tribunals
4.—(1) There shall be a President of Employment Tribunals (England and Wales), responsible for the administration of justice by tribunals and chairmen in England and Wales, who shall be appointed by the Lord Chancellor and shall be a person described in paragraph (3).
(2) There shall be a President of Employment Tribunals (Scotland), responsible for the administration of justice by tribunals and chairmen in Scotland, who shall be appointed by the Lord President and shall be a person described in paragraph (3).
(3) A President shall be a person: —
(a)
(a) having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 199017;
(b)
(b) being an advocate or solicitor admitted in Scotland of at least seven years standing; or
(c)
(c) being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.
(4) A President may resign his office by notice in writing to the appointing office holder.
(5) If the appointing office holder is satisfied that the President is incapacitated by infirmity of mind or body from discharging the duties of his office, or the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors, the appointing office holder may revoke his appointment.
(6) The functions of President under these Regulations may, if he is for any reason unable to act or during any vacancy in his office, be discharged by a person nominated for that purpose by the appointing office holder.
Establishment of employment tribunals
5.—(1) Each President shall, in relation to that part of Great Britain for which he has responsibility, from time to time determine the number of tribunals to be established for the purposes of determining proceedings.
(2) The President, a Regional Chairman or the Vice President shall determine, in relation to the area specified in relation to him, at what times and in what places in that area...
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