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Employment Tribunals Act 1996

Type Public General Act

Publication 1996-05-22

Last updated 2024-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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PART I — Employment Tribunals

Introductory

Requirement to contact ACAS before instituting proceedings

1

(1) The Secretary of State may by regulations make provision for the establishment of tribunals to be known as employment tribunals.

(2) Regulations made wholly or partly under section 128(1) of the Employment Protection (Consolidation) Act 1978 and in force immediately before this Act comes into force shall, so far as made under that provision, continue to have effect (until revoked) as if made under subsection (1) . . ..

Jurisdiction

Enactments conferring jurisdiction on industrial tribunals

2

Employment tribunals shall exercise the jurisdiction conferred on them by or by virtue of this Act or any other Act, whether passed before or after this Act.

The Appeal Tribunal.

3

(1) The appropriate Minister may by order provide that proceedings in respect of—

(a) any claim to which this section applies, or

(b) any claim to which this section applies and which is of a description specified in the order,

may, subject to such exceptions (if any) as may be so specified, be brought before an employment tribunal.

(2) Subject to subsection (3), this section applies to—

(a) a claim for damages for breach of a contract of employment or other contract connected with employment,

(b) a claim for a sum due under such a contract, and

(c) a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,

if the claim is such that a court in England and Wales or Scotland would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.

(3) This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries.

(4) Any jurisdiction conferred on an employment tribunal by virtue of this section in respect of any claim is exercisable concurrently with any court in England and Wales or in Scotland which has jurisdiction to hear and determine an action in respect of the claim.

(5) In this section—

“appropriate Minister”, as respects a claim in respect of which an action could be heard and determined by a court in England and Wales, means the Lord Chancellor and, as respects a claim in respect of which an action could be heard and determined by a court in Scotland, means the Lord Advocate, and

“personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(6) In this section a reference to breach of a contract includes a reference to breach of—

(a) a term implied in a contract by or under any enactment or otherwise,

(b) a term of a contract as modified by or under any enactment or otherwise, and

Membership etc.

Composition of a tribunal

4

(1) An employment tribunal is, for the purpose of deciding any given matter, to be composed of a member or members chosen by the Senior President of Tribunals.

(2) The member, or each member, chosen must belong to a panel of members of employment tribunals appointed in accordance with regulations under section 1(1).

(3) The Senior President of Tribunals (or any person to whom the function under subsection (1) is delegated)—

(a) must act in accordance with regulations under subsection (4);

(b) may choose themselves (if eligible in accordance with regulations under section 1(1)).

(4) The Lord Chancellor must by regulations make provision, in relation to every matter that may fall to be decided by an employment tribunal, for determining the number of members who are to compose the tribunal.

(5) Where regulations under subsection (4) provide for a tribunal to be composed of a single member, the regulations must provide for that member to be an Employment Judge.

(6) Where regulations under subsection (4) provide for a tribunal to be composed of more than one member, the regulations—

(a) must provide for at least one of those members to be an Employment Judge,

(b) must make provision for determining how many (if any) of the other members are to be Employment Judges and how many (if any) are to be members who are not Employment Judges, and

(c) if the tribunal is to include one or more members who are not Employment Judges, may make provision for determining what qualifications (if any) that member or any of those members must have.

(7) A duty under subsection (4) or (6) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals or the President of Employment Tribunals in accordance with any provision made under that subsection.

(8) The power under subsection (6)(c) may be exercised by giving the Senior President of Tribunals or the President of Employment Tribunals power to determine what qualifications are required in accordance with any provision made by the regulations.

(9) Where a tribunal is to be composed of more than one member, the tribunal may proceed in the absence of one or more of the members chosen to compose it if—

(a) the parties to the case agree, and

(b) at least one of the members who is present is an Employment Judge.

(10) Where a person (other than an Employment Judge) is chosen as one of the members composing a tribunal but does not have a qualification required by virtue of subsection (6)(c), the tribunal may still proceed with that person as a member if the parties to the case agree.

(11) Before making regulations under this section, the Lord Chancellor must consult the Senior President of Tribunals.

(12) In this section—

“President of Employment Tribunals”—in relation to employment tribunals in England and Wales, means the President of Employment Tribunals (England and Wales), andin relation to employment tribunals in Scotland, means the President of Employment Tribunals (Scotland);

“qualification” includes experience.

Remuneration, fees and allowances

5

(1) The Lord Chancellor may pay to—

(a) the President of the Employment Tribunals (England and Wales),

(b) the President of the Employment Tribunals (Scotland), . . .

(d) any person who is a legal officer appointed in accordance with such regulations,

such remuneration and such allowances as he may with the consent of the Treasury determine.

(2) The Lord Chancellor may pay to—

(a) members of employment tribunals,

(b) any assessors appointed for the purposes of proceedings before employment tribunals, and

such fees and allowances as he may with the consent of the Treasury determine.

(3) The Lord Chancellor may pay to any other persons such allowances as he may with the consent of the Treasury determine for the purposes of, or in connection with, their attendance at employment tribunals.

Procedure

Conduct of hearings

6

(1) A person may appear before an employment tribunals in person or be represented by—

(a) counsel or a solicitor,

(b) a representative of a trade union or an employers’ association, or

(2) Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or Part I of the Arbitration Act 1996 does not apply applies to any proceedings before an employment tribunals.

Industrial tribunal procedure regulations

7

Procedure Rules (see section 37QA) are to govern the practice and procedure to be followed in employment tribunals.

Procedure in contract cases

8

(1) Where in proceedings brought by virtue of section 3 an employment tribunal finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall order the respondent to the proceedings to pay the amount which it finds due.

(2) An order under section 3 may provide that an employment tribunal shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which an employment tribunal may order to be paid in relation to a claim or in relation to a contract.

(3) An order under section 3 may include provisions—

(a) as to the manner in which and time within which proceedings are to be brought by virtue of that section, and

(b) modifying any other enactment.

(4) An order under that section may make different provision in relation to proceedings in respect of different descriptions of claims.

Pre-hearing reviews and preliminary matters

9

(1) If Procedure Rules authorise an employment tribunal to carry out a preliminary hearing, Procedure Rules may make provision for enabling such powers as may be prescribed by the Rules to be exercised in connection with the hearing.

(2) Such Rules may in particular include provision—

(a) for authorising any tribunal carrying out a preliminary hearing ... to make, in circumstances specified in the Rules, an order requiring a party to the proceedings in question... to pay a deposit ... as a condition of—

(i) continuing to participate in those proceedings, or

(ii) pursuing any specified allegations or arguments, and

(b) for prescribing—

(i) the manner in which the amount of any such deposit is to be determined in any particular case,

(ii) the consequences of non-payment of any such deposit, and

(iii) the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it or be paid over to another party to the proceedings.

(2ZA) Procedure Rules of the kind mentioned in subsection (2)(a) may not provide for a deposit of an amount exceeding £1,000.

(2A) Procedure Rules may not enable a power of striking out to be exercised in a preliminary hearing on a ground which does not apply outside a preliminary hearing.

(3) The Lord Chancellor may from time to time by order substitute for the sum specified in subsection (2ZA) such other sum as is specified in the order.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “preliminary hearing” means a hearing in any proceedings before an employment tribunal which takes place at a time before a hearing held for the purpose of determining them.

National security etc

10

(1) If on a complaint under—

(a) section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union membership etc.),

(b) section 111 of the Employment Rights Act 1996 (unfair dismissal),, ...

(c) regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list) or

(d) regulation 4 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 (complaint to employment tribunal),

it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.

(2) ... Regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which—

(a) a direction is given under subsection (3), or

(b) an order is made under subsection (4).

(3) A direction may be given under this subsection by a Minister of the Crown if—

(a) it relates to particular Crown employment proceedings, and

(b) the Minister considers it expedient in the interests of national security.

(4) An order may be made under this subsection by the President or a Regional Employment Judge in relation to particular proceedings if he considers it expedient in the interests of national security.

(5) ... Regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security—

(a) to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;

(b) to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;

(c) to direct a tribunal to exclude the applicant’s representatives from all or part of particular Crown employment proceedings; or

(d) to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;

(e) to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.

(6) ... Regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do in relation to particular proceedings before it anything of a kind which, by virtue of subsection (5), ... regulations may enable a Minister of the Crown to direct a tribunal to do in relation to particular Crown employment proceedings.

(7) In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), ... regulations may make provision—

(a) for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the applicant;

(b) about the publication and registration of reasons for the tribunal’s decision;

(c) permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

(8) Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates—

(a) is Crown employment, or

(b) is connected with the performance of functions on behalf of the Crown.

(9) The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as—

(a) a Regional Chairman,

(b) President of the Employment Tribunals (England and Wales), or

(10) Regulations under this section are to be made by the Lord Chancellor.

Restriction of publicity in cases involving sexual misconduct

11

(1) Procedure Rules may include provision—

(a) for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

(b) for cases involving allegations of sexual misconduct, enabling an employment tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

(2) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Where a person is charged with an offence under subsection (2) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(4) Where an offence under subsection (2) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In relation to a body corporate whose affairs are managed by its members “director", in subsection (4), means a member of the body corporate.

(6) In this section—

“identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

“relevant programme” has the same meaning as in the Sexual Offences (Amendment) Act 1992,

“restricted reporting order” means an order—made in exercise of a power conferred by Procedure Rules of the kind mentioned in subsection (1)(b), andprohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,

“sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

“sexual offence” means any offence to which section 4 of the Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the Criminal Procedure (Scotland) Act 1995 applies (offences under the Sexual Offences Act 1956, Part I of the Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

“written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

Restriction of publicity in disability cases

12

(1) This section applies to proceedings on a complaint under section 120 of the Equality Act 2010, where the complaint relates to disability in which evidence of a personal nature is likely to be heard by the employment tribunal hearing the complaint.

(2) Procedure Rules may include provision in relation to proceedings to which this section applies for—

(a) enabling an employment tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal, and

(b) where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.

(3) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5) Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In relation to a body corporate whose affairs are managed by its members “director", in subsection (5), means a member of the body corporate.

(7) In this section—

“evidence of a personal nature” means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported,

“identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

“promulgation” has such meaning as may be prescribed by Procedure Rules made for the purposes of this section,

“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990,

“restricted reporting order” means an order—made in exercise of a power conferred by Procedure Rules of the kind mentioned in subsection (2)(a), andprohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

“written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

Costs and expenses

13

(1) Procedure Rules may make provision for regulating matters relating to—

(a) costs or expenses;

(b) allowances payable under section 5(2)(c) or (3).

(1A) Procedure Rules may, in particular, include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an award against him ....

(1B) Procedure Rules may, in particular, include provision for authorising an employment tribunal—

(a) to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

(b) to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings;

(c) to order a representative of a party to proceedings before it to meet all or part of any allowances payable by the Secretary of State under section 5(2)(c) or (3) by reason of the representative’s conduct of the proceedings.

(1C) Procedure Rules may, in particular, include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1)(a) or (1B)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in the county court).

(2) In relation to proceedings under section 111 of the Employment Rights Act 1996—

(a) where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure Rules must include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed ... or of comparable or suitable employment.

(3) If Procedure Rules make provision of the kind mentioned in subsection (1)(a), Procedure Rules must also include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an award against the party who made the application in respect of any costs or expenses connected with the postponement, except in circumstances specified in the Rules.

(4) For the purposes of subsection (3)—

(a) a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with Procedure Rules (whether before or after the hearing has begun), and

(b) “postponement” includes adjournment.

Interest

14

(1) The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of employment tribunals shall carry interest at such rate and between such times as may be prescribed by the order.

(2) Any interest due by virtue of such an order shall be recoverable as a sum payable in pursuance of the decision.

(3) The power conferred by subsection (1) includes power—

(a) to specify cases or circumstances in which interest is not payable,

(b) to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,

(c) to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,

(d) to provide that any enactment—

(i) does or does not apply in relation to interest payable by virtue of subsection (1), or

(ii) applies to it with such modifications as may be specified in the order,

(e) to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from employment tribunals,

(f) to make such incidental or supplemental provision as the Secretary of State considers necessary.

(4) In particular, an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the Judgments Act 1838 as that enactment has effect from time to time.

Enforcement

15

(1) Any sum payable in pursuance of a decision of an employment tribunal in England and Wales which has been registered in accordance with Procedure Rules shall be recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of the county court.

(2) Any order for the payment of any sum made by an employment tribunal in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) In this section a reference to a decision or order of an employment tribunal—

(a) does not include a decision or order which, on being reconsidered or reviewed, has been revoked by the tribunal, and

(b) in relation to a decision or order which on being reconsidered or reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

Power to provide for recoupment of benefits

16

(1) This section applies to payments which are the subject of proceedings before employment tribunals and which are—

(a) payments of wages or compensation for loss of wages,

(b) payments by employers to employees under sections 146 to 151, sections 168 to 173 or section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992,

(i) Part III, V, VI or VII,

(ii) section 93, or

(iii) Part X,

of the Employment Rights Act 1996, ...

(d) payments by employers to employees of a nature similar to, or for a purpose corresponding to the purpose of, payments within paragraph (b) or (c),...

(e) payments by employers to employees under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010,or

(f) payments by NHS employers to applicants under regulation 6 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 (remedies),

and to payments of remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2) The Secretary of State may by regulations make with respect to payments to which this section applies provision for any or all of the purposes specified in subsection (3).

(3) The purposes referred to in subsection (2) are—

(a) enabling the Secretary of State to recover from an employer, by way of total or partial recoupment of universal credit, jobseeker’s allowance , income support or income-related employment and support allowance —

(i) a sum not exceeding the amount of the prescribed element of the monetary award, or

(ii) in the case of a protective award, the amount of the remuneration,

(b) requiring or authorising an employment tribunal to order the payment of such a sum, by way of total or partial recoupment of universal credit, jobseeker's allowance, income support or income-related employment and support allowance , to the Secretary of State instead of to an employee, and

(c) requiring an employment tribunal to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any universal credit, jobseeker’s allowance , income support or income-related employment and support allowance shown to the tribunal to have been paid to the employee and enabling the Secretary of State to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

(4) Regulations under this section may be framed—

(a) so as to apply to all payments to which this section applies or to one or more classes of those payments, and

(b) so as to apply to all or any of the benefits mentioned in subsection (3).

(5) Regulations under this section may—

(a) confer powers and impose duties on employment tribunals or adjudication officers or other persons,

(b) impose on an employer to whom a monetary award or protective award relates a duty—

(i) to furnish particulars connected with the award, and

(ii) to suspend payments in pursuance of the award during any period prescribed by the regulations,

(c) provide for an employer who pays a sum to the Secretary of State in pursuance of this section to be relieved from any liability to pay the sum to another person,

(cc) provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of universal credit, a jobseeker’s allowance, unemployment benefit , income support or income-related employment and support allowance ,

(d) confer on an employee a right of appeal to the First-tier Tribunal against any decision of the Secretary of State on any such issue, and

(e) provide for the proof in proceedings before employment tribunals (whether by certificate or in any other manner) of any amount of universal credit, jobseeker’s allowance , income support or income-related employment and support allowance paid to an employee.

(6) Regulations under this section may make different provision for different cases.

Recoupment: further provisions

17

(1) Where in pursuance of any regulations under section 16 a sum has been recovered by or paid to the Secretary of State by way of total or partial recoupment of universal credit, jobseeker’s allowance , income support or income-related employment and support allowance —

(a) no sum shall be recoverable under Part III or V of the Social Security Administration Act 1992, and

(b) no abatement, payment or reduction shall be made by reference to the universal credit, jobseeker’s allowance , income support or income-related employment and support allowance recouped.

(2) Any amount found to have been duly recovered by or paid to the Secretary of State in pursuance of regulations under section 16 by way of total or partial recoupment of jobseeker’s allowance shall be paid into the National Insurance Fund.

(3) In section 16—

“monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that section, and

“the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that section.

(4) In section 16 “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995.

(5) In this section and section 16 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

Conciliation

18

(1) In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings—

(a) under section 66, 68A, 70C, 87, 137, 138, 145A, 145B, 146, 168, 168A, 169, 170, 174, 189 or 192 of, or paragraph 156 of Schedule A1 to, the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) under section 11, 23, 27K, 27N, 34, 63I, 70, 70A, 80(1), 80H, 93, 111, 163 or 177 of the Employment Rights Act 1996, or under Part 5 or 6 of that Act,

(d) under section 56 of the Pensions Act 2008,

(e) under section 120 or 127 of the Equality Act 2010,

(f) under regulation 11 of the Safety Representatives and Safety Committees Regulations 1977,

(g) under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994,

(h) under article 6 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994,

(i) under paragraph 2 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996,

(j) under regulation 30 of the Working Time Regulations 1998,

(k) under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulation 1999,

(l) under regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000,

(m) under regulation 7 or 9 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002,

(n) under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).

(o) under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002,

(p) under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003,

(q) under regulation 18 of the Civil Aviation (Working Time) Regulations 2004,

(r) under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004,

(s) under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004,

(t) under paragraphs 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006,

(u) under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006,

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(w) under regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008,

(x) under regulation 9 of Ecclesiastical Offices (Terms of Service) Regulations 2009,

(y) under regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009,

(z) under regulation 18 of the Agency Workers Regulations 2010,

(z1) under regulation 17 of the Employee Study and Training (Procedural Requirements) Regulations 2010, ...

(z2) under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 , ...

(z3) under regulation 3 of the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015, ...

(z4) under regulation 6 of the Posted Workers (Enforcement of Employment Rights) Regulations 2016 ...

(z5) under regulation 4 of the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018 , ...

(z6) under paragraph (3) of regulation 4 or paragraph (6) of regulation 5 of the Agency Workers (Amendment) Regulations 2019 , or

(z7) under regulation 8 of the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.

(1A) Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In proceeding under any of sections 18A to 18C a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

(7) Anything communicated to a conciliation officer in connection with the performance of his functions under any of sections 18A to 18C shall not be admissible in evidence in any proceedings before an employment tribunal, except with the consent of the person who communicated it to that officer.

(8) The Secretary of State and the Lord Chancellor, acting jointly, may by order amend the definition of “relevant proceedings” in subsection (1) by adding to or removing from the list in that subsection particular types of employment tribunal proceedings.

(9) An order under subsection (8) that adds employment tribunal proceedings to the list in subsection (1) may amend an enactment so as to extend the time limit for instituting those proceedings in such a way as appears necessary or expedient in order to facilitate the conciliation process provided for by section 18A.

(10) An order under subsection (8) that removes employment tribunal proceedings from the list in subsection (1) may—

(a) repeal or revoke any provision of an enactment that, for the purpose mentioned in subsection (9), extends the time limit for instituting those proceedings;

(b) make further amendments which are consequential on that repeal or revocation.

Conciliation procedure

19

(1) Procedure Rules must include in relation to employment tribunal proceedings in the case of which any enactment makes provision for conciliation—

(a) provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer, and

(b) provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — The Employment Appeal Tribunal

Introductory

The Appeal Tribunal

20

(1) The Employment Appeal Tribunal (“the Appeal Tribunal") shall continue in existence.

(2) The Appeal Tribunal shall have a central office in London but may sit at any time and in any place in Great Britain.

(3) The Appeal Tribunal shall be a superior court of record and shall have an official seal which shall be judicially noticed.

(4) Subsection (2) is subject to regulation 34 of the Transnational Information and Consultation of Employees Regulations 1999, regulation 46(1) of the European Public Limited-Liability Company Regulations 2004, regulation 36(1) of the Information and Consultation of Employees Regulations 2004, regulation 37(1) of the European Cooperative Society (Involvement of Employees) Regulations 2006, regulation 58(1) of the Companies (Cross-Border Mergers) Regulations 2007 and regulation 33(1) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009(S.I. 2009/2401).

Jurisdiction

Jurisdiction of Appeal Tribunal

21

(1) An appeal lies to the Appeal Tribunal on any question of law arising from any decision of, or arising in any proceedings before, an employment tribunal under or by virtue of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Trade Union and Labour Relations (Consolidation) Act 1992,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Employment Rights Act 1996 . . .

(fg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) this Act,

(ga) the National Minimum Wage Act 1998,

(gb) the Employment Relations Act 1999,

(gc) the Equality Act 2006,

(gd) the Pensions Act 2008,

(ge) the Equality Act 2010,

(h) the Working Time Regulations 1998, . . .

(i) the Transnational Information and Consultation of Employees Regulations 1999. . .

(j) the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. . .

(k) the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. . .

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003. . .

(o) the European Public Limited-Liability Company Regulations 2004

(p) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004. . .

(q) the Information and Consultation of Employees Regulations 2004, . . .

(r) the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006. . .

(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(t) the European Cooperative Society (Involvement of Employees) Regulations 2006 ...

(u) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the Cross-border Railway Services (Working Time) Regulations 2008, ...

(w) the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009(S.I. 2009/2401)., ...

(x) the Employment Relations Act 1999 (Blacklists) Regulations 2010., ...

(y) the Agency Workers Regulations 2010. , or

(z) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).

(2) No appeal shall lie except to the Appeal Tribunal from any decision of an employment tribunal under or by virtue of the Acts listed or the Regulations referred to in subsection (1).

(3) Subsection (1) does not affect any provision contained in, or made under, any Act which provides for an appeal to lie to the Appeal Tribunal (whether from an employment tribunal, the Certification Officer or any other person or body) otherwise than on a question to which that subsection applies.

(4) The Appeal Tribunal also has any jurisdiction in respect of matters other than appeals which is conferred on it by or under—

(a) the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) this Act, or

Membership etc.

Membership of Appeal Tribunal

22

(1) The Appeal Tribunal shall consist of—

(a) such number of judges as may be nominated from time to time by the Lord Chief Justice, after consulting the Lord Chancellor, from the judges . . . of the High Court and the Court of Appeal and the judges within subsection (2A) ,

(b) at least one judge of the Court of Session nominated from time to time by the Lord President of the Court of Session, and

(c) such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State (“appointed members").

(2) The appointed members shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations either—

(a) as representatives of employers, or

(b) as representatives of workers (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992).

(2A) A person is a judge within this subsection if the person—

(a) is the Senior President of Tribunals,

(b) is a deputy judge of the High Court,

(d) is a Circuit judge,

(e) is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(f) is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(g) is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(h) is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(i) is a district judge, which here does not include a deputy district judge, ...

(j) is a District Judge (Magistrates' Courts), which here does not include a Deputy District Judge (Magistrates' Courts).

(k) is the President of Employment Tribunals (England and Wales), or

(l) is the President of Employment Tribunals (Scotland).

(3) The Lord Chief Justice shall appoint one of the judges nominated under subsection (1) to be the President of the Appeal Tribunal.

(3A) The Lord Chief Justice must not make an appointment under subsection (3) unless—

(a) he has consulted the Lord Chancellor, and

(b) the Lord President of the Court of Session agrees.

(4) No judge shall be nominated a member of the Appeal Tribunal under subsection (1)(b) except with his consent.

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

(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).

Temporary membership

23

(1) At any time when—

(a) the office of President of the Appeal Tribunal is vacant, or

(b) the person holding that office is temporarily absent or otherwise unable to act as the President of the Appeal Tribunal,

the Lord Chief Justice may nominate another judge nominated under section 22(1)(a) to act temporarily in his place.

(2) At any time when a judge of the Appeal Tribunal nominated under paragraph (a) or (b) of subsection (1) of section 22 is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal—

(a) in the case of a judge nominated under paragraph (a) of that subsection, the Lord Chief Justice may nominate another judge who is qualified to be nominated under that paragraph to act temporarily in his place, and

(b) in the case of a judge nominated under paragraph (b) of that subsection, the Lord President of the Court of Session may nominate another judge who is qualified to be nominated under that paragraph to act temporarily in his place.

(3) At any time when an appointed member of the Appeal Tribunal is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal, the Lord Chancellor and the Secretary of State may jointly appoint a person appearing to them to have the qualifications for appointment as an appointed member to act temporarily in his place.

(4) A person nominated or appointed to act temporarily in place of the President or any other member of the Appeal Tribunal, when so acting, has all the functions of the person in whose place he acts.

(5) No judge shall be nominated to act temporarily as a member of the Appeal Tribunal except with his consent.

(6) The functions conferred on the Lord Chief Justice by the preceding provisions of this section may be exercised only after consulting the Lord Chancellor.

(7) The functions conferred on the Lord Chancellor by subsection (3) may be exercised only after consultation with the Lord Chief Justice.

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

Temporary additional judicial membership

24

(1) This section applies if both of the following conditions are met—

(a) the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal;

(b) the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

(1A) The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a).

(1B) An appointment under this section is—

(a) for such period, or

(b) on such occasions,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.

(2) In this section “qualified person” means a person who—

(a) is qualified for appointment as a judge of the High Court under section 10 of the Supreme Court Act 1981,...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person appointed to be a temporary additional judge of the Appeal Tribunal has all the functions of a judge nominated under section 22(1)(a).

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

Tenure of appointed members

25

(1) Subject to subsections (2) to (4), an appointed member shall hold and vacate office in accordance with the terms of his appointment.

(2) An appointed member—

(a) may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State, and

(b) shall vacate his office on the day on which he attains the age of 75.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member—

(a) has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Appeal Tribunal,

(b) has become bankrupt or had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors, or has had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract,

(d) is otherwise unable or unfit to discharge the functions of a member,

the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and when the Lord Chancellor does so, the office becomes vacant.

(5) The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge.

(6) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

Staff

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration, pensions and allowances

27

(1) The Lord Chancellor shall pay—

(a) the appointed members, and

(b) any person appointed to act temporarily in the place of an appointed member, ...

such remuneration and such travelling and other allowances as he may, with the relevant approval, determine; and for this purpose the relevant approval is that of the Treasury in the case of persons within paragraph (a) or (b) ....

(2) A person appointed to be a temporary additional judge of the Appeal Tribunal shall be paid such remuneration and allowances as the Lord Chancellor may, with the approval of the Treasury, determine.

(3) If the Lord Chancellor determines, with the approval of the Treasury, that this subsection applies in the case of an appointed member, the Lord Chancellor shall—

(a) pay such pension, allowance or gratuity to or in respect of that person on his retirement or death, or

(b) make to the member such payments towards the provision of a pension, allowance or gratuity for his retirement or death,

as the Lord Chancellor may, with the approval of the Treasury, determine.

(4) Where—

(a) a person ceases to be an appointed member otherwise than on his retirement or death, and

(b) it appears to the Lord Chancellor that there are special circumstances which make it right for him to receive compensation,

the Lord Chancellor may make to him a payment of such amount as the Lord Chancellor may, with the approval of the Treasury, determine.

Composition of Appeal Tribunal

28

(1) The Appeal Tribunal is, for the purpose of deciding any given matter, to be composed of a member or members chosen by the Senior President of Tribunals.

(2) The Senior President of Tribunals (or any person to whom the function under subsection (1) is delegated)—

(a) must act in accordance with regulations under subsection (3);

(b) may choose themselves (if otherwise eligible to sit).

(3) The Lord Chancellor must by regulations make provision, in relation to every matter that may fall to be decided by the Appeal Tribunal, for determining the number of members who are to compose the Tribunal.

(4) Where regulations under subsection (3) provide for the Appeal Tribunal to be composed of a single member, the regulations must provide for that member to be a judge.

(5) Where regulations under subsection (3) provide for the Appeal Tribunal to be composed of more than one member, the regulations—

(a) must provide for at least one of those members to be a judge,

(b) must make provision for determining how many (if any) of the other members are to be judges and how many (if any) are to be appointed members, and

(c) if the Tribunal is to be composed of persons who include one or more appointed members, may make provision for determining what qualifications (if any) that member or any of those members must have.

(6) A duty under subsection (3) or (5) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals or the President of the Appeal Tribunal in accordance with any provision made under that subsection.

(7) The power under subsection (5)(c) may be exercised by giving the Senior President of Tribunals or the President of the Appeal Tribunal power to determine what qualifications are required in accordance with any provision made by the regulations.

(8) Where the Appeal Tribunal is to be composed of more than one member, the Tribunal may proceed in the absence of one or more of the members chosen to compose it if—

(a) the parties to the case agree, and

(b) at least one of the members who is present is a judge.

(9) Where a person (other than a judge) is chosen as one of the members composing the Appeal Tribunal but does not have a qualification required by virtue of subsection (5)(c), the Tribunal may still proceed with that person as a member if the parties to the case agree.

(10) Before making regulations under this section, the Lord Chancellor must consult the Senior President of Tribunals.

(11) In this section, “qualification” includes experience.

Procedure

Conduct of hearings

29

(1) A person may appear before the Appeal Tribunal in person or be represented by—

(a) counsel or a solicitor,

(b) a representative of a trade union or an employers’ association, or

(2) The Appeal Tribunal has in relation to—

(a) the attendance and examination of witnesses,

(b) the production and inspection of documents, and

the same powers, rights, privileges and authority (in England and Wales) as the High Court and (in Scotland) as the Court of Session.

Appeal Tribunal procedure rules

30

(1) The Lord Chancellor, after consultation with the Lord President of the Court of Session, shall make rules (“Appeal Tribunal procedure rules") with respect to proceedings before the Appeal Tribunal.

(2) Appeal Tribunal procedure rules may, in particular, include provision—

(a) with respect to the manner in which, and the time within which, an appeal may be brought,

(b) with respect to the manner in which or complaint to the Appeal Tribunal may be made,

(c) for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(d) for requiring or enabling the Appeal Tribunal to sit in private in circumstances in which an employment tribunal is required or empowered to sit in private by virtue of section 10A of this Act,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) for interlocutory matters arising on any appeal or application to the Appeal Tribunal to be dealt with by an officer of the Appeal Tribunal .

(2A) Appeal Tribunal procedure rules may make provision of a kind which may be made by employment tribunal procedure regulations under section 10(2), (5), (6) or (7).

(2B) For the purposes of subsection (2A)—

(a) the reference in section 10(2) to section 4 shall be treated as a reference to section 28, and

(b) the reference in section 10(4) to the President or a Regional Employment Judge shall be treated as a reference to a judge of the Appeal Tribunal.

(2C) Section 10B shall have effect in relation to a direction to or determination of the Appeal Tribunal as it has effect in relation to a direction to or determination of an employment tribunal.

(3) Subject to Appeal Tribunal procedure rules and directions under section 28(1) or 29A(1) , the Appeal Tribunal has power to regulate its own procedure.

Restriction of publicity in cases involving sexual misconduct

31

(1) Appeal Tribunal procedure rules may, as respects proceedings to which this section applies, include provision—

(a) for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

(b) for cases involving allegations of sexual misconduct, enabling the Appeal Tribunal, on the application of any party to the proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the Appeal Tribunal.

(2) This section applies to—

(a) proceedings on an appeal against a decision of an employment tribunal to make, or not to make, a restricted reporting order, and

(b) proceedings on an appeal against any interlocutory decision of an employment tribunal in proceedings in which the employment tribunal has made a restricted reporting order which it has not revoked.

(3) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where a person is charged with an offence under subsection (3) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5) Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In relation to a body corporate whose affairs are managed by its members “director", in subsection (5), means a member of the body corporate.

(7) “Restricted reporting order” means—

(a) in subsections (1) and (3), an order—

(i) made in exercise of a power conferred by rules made by virtue of this section, and

(ii) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

(b) in subsection (2), an order which is a restricted reporting order for the purposes of section 11.

(8) In this section—

“identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

“relevant programme” has the same meaning as in the Sexual Offences (Amendment) Act 1992,

“sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

“sexual offence” means any offence to which section 4 of the Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the Criminal Procedure (Scotland) Act 1995 applies (offences under the Sexual Offences Act 1956, Part I of the Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

“written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

Restriction of publicity in disability cases

32

(1) This section applies to proceedings—

(a) on an appeal against a decision of an employment tribunal to make, or not to make, a restricted reporting order, or

(b) on an appeal against any interlocutory decision of an employment tribunal in proceedings in which the employment tribunal has made a restricted reporting order which it has not revoked.

(2) Appeal Tribunal procedure rules may, as respects proceedings to which this section applies, include provision for—

(a) enabling the Appeal Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the Appeal Tribunal, and

(b) where a restricted reporting order is made in relation to an appeal which is being dealt with by the Appeal Tribunal together with any other proceedings, enabling the Appeal Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Appeal Tribunal may direct.

(3) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5) Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In relation to a body corporate whose affairs are managed by its members “director", in subsection (5), means a member of the body corporate.

(7) “Restricted reporting order” means—

(a) in subsection (1), an order which is a restricted reporting order for the purposes of section 12, and

(b) in subsections (2) and (3), an order—

(i) made in exercise of a power conferred by rules made by virtue of this section, and

(ii) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.

(8) In this section—

“complainant” means the person who made the complaint to which the proceedings before the Appeal Tribunal relate,

“identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

“promulgation” has such meaning as may be prescribed by rules made by virtue of this section,

“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990, and

“written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

Restriction of vexatious proceedings

33

(1) If, on an application made by the Attorney General or the Lord Advocate under this section, the Appeal Tribunal is satisfied that a person has habitually and persistently and without any reasonable ground—

(a) instituted vexatious proceedings, whether before the Certification Officer, in an employment tribunal or before the Appeal Tribunal, and whether against the same person or against different persons, or

(b) made vexatious applications in any proceedings, whether before the Certification Officer, in an employment tribunal or before the Appeal Tribunal,

the Appeal Tribunal may, after hearing the person or giving him an opportunity of being heard, make a restriction of proceedings order.

(2) A “restriction of proceedings order” is an order that—

(a) no proceedings shall without the leave of the Appeal Tribunal be instituted before the Certification Officer, in any employment tribunal or before the Appeal Tribunal by the person against whom the order is made,

(b) any proceedings instituted by him before the Certification Officer, in any employment tribunal or before the Appeal Tribunal before the making of the order shall not be continued by him without the leave of the Appeal Tribunal, and

(c) no application (other than one for leave under this section) is to be made by him in any proceedings before the Certification Officer, in any employment tribunal or before the Appeal Tribunal without the leave of the Appeal Tribunal.

(3) A restriction of proceedings order may provide that it is to cease to have effect at the end of a specified period, but otherwise it remains in force indefinitely.

(4) Leave for the institution or continuance of, or for the making of an application in, any proceedings before the Certification Officer, in an employment tribunal or before the Appeal Tribunal by a person who is the subject of a restriction of proceedings order shall not be given unless the Appeal Tribunal is satisfied—

(a) that the proceedings or application are not an abuse of the process , and

(b) that there are reasonable grounds for the proceedings or application.

(5) A copy of a restriction of proceedings order shall be published in the London Gazette and the Edinburgh Gazette.

Costs and expenses

34

(1) Appeal Tribunal procedure rules may include provision for the award of costs or expenses.

(2) Rules under subsection (1) may include provision authorising the Appeal Tribunal to have regard to a person’s ability to pay when considering the making of an award against him under such rules.

(3) Appeal Tribunal procedure rules may include provision for authorising the Appeal Tribunal—

(a) to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

(b) to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings.

(4) Appeal Tribunal procedure rules may also include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1) or (3)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in the High Court).

Decisions and further appeals

Powers of Appeal Tribunal

35

(1) For the purpose of disposing of an appeal, the Appeal Tribunal may—

(a) exercise any of the powers of the body or officer from whom the appeal was brought, or

(b) remit the case to that body or officer.

(2) Any decision or award of the Appeal Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision or award of the body or officer from whom the appeal was brought.

Enforcement of decisions etc

36

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) No person shall be punished for contempt of the Appeal Tribunal except by, or with the consent of, a judge.

(5) A magistrates’ court shall not remit the whole or part of a fine imposed by the Appeal Tribunal unless it has the consent of a judge who is a member of the Appeal Tribunal.

Appeals from Appeal Tribunal

37

(1) Subject to subsection (3), an appeal on any question of law lies from any decision or order of the Appeal Tribunal to the relevant appeal court with the leave of the Appeal Tribunal or of the relevant appeal court.

(2) In subsection (1) the “relevant appeal court” means—

(a) in the case of proceedings in England and Wales, the Court of Appeal, and

(b) in the case of proceedings in Scotland, the Court of Session.

(3) No appeal lies from a decision of the Appeal Tribunal refusing leave for the institution or continuance of, or for the making of an application in, proceedings by a person who is the subject of a restriction of proceedings order made under section 33.

(4) This section is without prejudice to section 13 of the Administration of Justice Act 1960 (appeal in case of contempt of court).

Part III — General and Supplementary

Crown employment and Parliamentary staff

Crown employment

38

(1) This Act has effect in relation to Crown employment and persons in Crown employment as it has effect in relation to other employment and other employees.

(2) In this Act “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.

(3) For the purposes of the application of this Act in relation to Crown employment in accordance with subsection (1)—

(a) references to an employee shall be construed as references to a person in Crown employment, and

(b) references to a contract of employment shall be construed as references to the terms of employment of a person in Crown employment.

(4) Subsection (1) applies to—

(a) service as a member of the naval, military or air forces of the Crown, and

(b) employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996;

but Her Majesty may by Order in Council make any provision of this Act apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council.

Parliamentary staff

39

(1) This Act has effect in relation to employment as a relevant member of the House of Lords staff or a relevant member of the House of Commons staff as it has effect in relation to other employment.

(2) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff or a relevant member of the House of Commons staff from bringing before an employment tribunal proceedings of any description which could be brought before such a tribunal by a person who is not a relevant member of the House of Lords staff or a relevant member of the House of Commons staff.

(3) For the purposes of the application of this Act in relation to a relevant member of the House of Commons staff—

(a) references to an employee shall be construed as references to a relevant member of the House of Commons staff, and

(b) references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff.

(4) In this Act “relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords.

(5) In this Act “relevant member of the House of Commons staff” has the same meaning as in section 195 of the Employment Rights Act 1996; and (subject to an Order in Council under subsection (12) of that section)—

(a) subsections (6) and (7) of that section have effect for determining who is the employer of a relevant member of the House of Commons staff for the purposes of this Act, and

(b) subsection (8) of that section applies in relation to proceedings brought by virtue of this section.

General

Power to amend Act

40

(1) The Secretary of State and the Lord Chancellor, acting jointly, may by order—

(a) provide that any provision of this Act to which this section applies and which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order, or

(b) provide that any provision of this Act to which this section applies shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed.

(2) This section applies to sections 3, 8, 16 and 17 ....

Orders, regulations and rules

41

(1) Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.

(1A) No recommendation may be made to Her Majesty to make an Order in Council under section 38(4) unless a draft of the Order in Council has been laid before Parliament and approved by a resolution of each House of Parliament.

(2) A statutory instrument containing—

(a) an order under section 3 ... , 12A(12) ... or 40,

(b) regulations under section 4, 28, 37N, 37O or 37Q(5), , or

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3) A statutory instrument containing—

(a) an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or

(b) any other regulations or rules made under this Act,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.

(5) This section does not apply in relation to Procedure Rules (the procedure for which is provided for by Schedule A1).

Interpretation

42

(1) In this Act (except where otherwise expressly provided) —

“ACAS” means the Advisory, Conciliation and Arbitration Service,

“the Appeal Tribunal” means the Employment Appeal Tribunal,

“appointed member” shall be construed in accordance with section 22(1)(c),

“Certification Officer” shall be construed in accordance with section 254 of the Trade Union and Labour Relations (Consolidation) Act 1992,

“conciliation officer” means an officer designated by ACAS under section 211 of the Trade Union and Labour Relations (Consolidation) Act 1992,

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing,

“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment,

“employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed,

“employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992,

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

“Procedure Rules” is to be read in accordance with section 37QA(2), and—in Part 1, means Procedure Rules in respect of employment tribunals;in Part 2, means Procedure Rules in respect of the Appeal Tribunal,

“representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2),

“statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature,

“successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part, ...

“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992.

“Tribunal Procedure Committee” means the committee of that name constituted under Part 2 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

(2) The definition of “successor” in subsection (1) has effect (subject to the necessary modifications) in relation to a case where—

(a) the person by whom an undertaking or part of an undertaking is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or

(b) the persons by whom an undertaking or part of an undertaking is owned immediately before a change (whether as partners, trustees or otherwise) include the persons by whom, or include one or more of the persons by whom, it is owned immediately after the change,

as it has effect where the previous owner and the new owner are wholly different persons.

(3) For the purposes of this Act any two employers shall be treated as associated if—

(a) one is a company of which the other (directly or indirectly) has control, or

(b) both are companies of which a third person (directly or indirectly) has control;

and “associated employer” shall be construed accordingly.

Final provisions

Consequential amendments

43

Schedule 1 (consequential amendments) shall have effect.

Transitionals, savings and transitory provisions

44

Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.

Repeals and revocations

45

The enactments specified in Part I of Schedule 3 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified in the third column of that Schedule.

Commencement

46

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

Extent

47

This Act does not extend to Northern Ireland.

Short title

48

This Act may be cited as the Employment Tribunals Act 1996.

SCHEDULE 1

The Transport Act 1968 (c. 73)

1

Section 135(4)(b) of the Transport Act 1968 shall continue to have effect with the substitution (originally made by paragraph 6 of Schedule 16 to the Employment Protection (Consolidation) Act 1978) of “ an employment tribunal ” for the words from “a tribunal" to the end.

The Transport Holding Company Act 1972 (c. 14)

2

Section 2 of the Transport Holding Company Act 1972 shall continue to have effect with the substitution (originally made by paragraph 13 of Schedule 16 to the Employment Protection (Consolidation) Act 1978) of “ an employment tribunal ” for—

(a) in subsection (3)(c), the words from “a tribunal" to the end, and

(b) in subsection (7), “a tribunal established under section 12 of the Industrial Training Act 1964".

The Sex Discrimination Act 1975 (c. 65)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Race Relations Act 1976 (c. 74)

4

(1) The Race Relations Act 1976 is amended as follows.

(2) In section 56(6), for “paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978" substitute “ section 14 of the Employment Tribunals Act 1996 ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Aircraft and Shipbuilding Industries Act 1977 (c. 3)

5

In the Aircraft and Shipbuilding Industries Act 1977—

(a) section 49(10), and

(b) section 50(3)(b),

shall continue to have effect with the substitution (originally made by paragraph 28 of Schedule 16 to the Employment Protection (Consolidation) Act 1978) of “ an employment tribunal or, as the case may require, a tribunal established under ” for “a tribunal established under section 12 of the Industrial Training Act 1964 or, as the case may require".

The Judicial Pensions Act 1981 (c. 20)

6

In section 12(1) of the Judicial Pensions Act 1981, for “section 128 of the Employment Protection (Consolidation) Act 1978" substitute “ section 1(1) of the Employment Tribunals Act 1996 ”.

7

In section 58(4) of the Social Security Administration Act 1992, for “section 132 of the Employment Protection (Consolidation) Act 1978" substitute “ section 16 of the Employment Tribunals Act 1996 ”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

8

In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992—

(a) in subsection (2), for paragraphs (a) and (b) substitute “ section 18 of the Employment Tribunals Act 1996 (conciliation) ”, and

(b) in subsection (2A), for “section 290" substitute “ subsection (1)(b) of that section ”.

The Tribunals and Inquiries Act 1992 (c. 53)

9

(1) The Tribunals and Inquiries Act 1992 is amended as follows.

(2) In section 11(2), for “section 136(1) of the Employment Protection (Consolidation) Act 1978" substitute “ section 21(1) of the Employment Tribunals Act 1996 ”.

(3) In Schedule 1—

(a) in Part I, in paragraph 16, and

(b) in Part II, in paragraph 51,

for “section 128 of the Employment Protection (Consolidation) Act 1978 (c. 44)" substitute “ section 1(1) of the Employment Tribunals Act 1996 (c. 17) ”.

The Judicial Pensions and Retirement Act 1993 (c. 8)

10

(1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

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Employment Tribunals Act 1996

PART I — Employment Tribunals

Introductory

Requirement to contact ACAS before instituting proceedings

1

Jurisdiction

Enactments conferring jurisdiction on industrial tribunals

2

The Appeal Tribunal.

3

Membership etc.

Composition of a tribunal

4

Remuneration, fees and allowances

5

Procedure

Conduct of hearings

6

Industrial tribunal procedure regulations

7

Procedure in contract cases

8

Pre-hearing reviews and preliminary matters

9

National security etc

10

Restriction of publicity in cases involving sexual misconduct

11

Restriction of publicity in disability cases

12

Costs and expenses

13

Interest

14

Enforcement

15

Recoupment of social security benefits

Power to provide for recoupment of benefits

16

Recoupment: further provisions

17

Conciliation

Conciliation

18

Conciliation procedure

19

Part II — The Employment Appeal Tribunal

Introductory

The Appeal Tribunal

20

Jurisdiction

Jurisdiction of Appeal Tribunal

21

Membership etc.

Membership of Appeal Tribunal

22

Temporary membership

23

Temporary additional judicial membership

24

Tenure of appointed members

25

Staff

26

Remuneration, pensions and allowances

27

Composition of Appeal Tribunal

28

Procedure

Conduct of hearings

29

Appeal Tribunal procedure rules

30

Restriction of publicity in cases involving sexual misconduct

31

Restriction of publicity in disability cases

32

Restriction of vexatious proceedings

33

Costs and expenses