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In force since 2026-10-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges, and other members, of the Appeal Tribunal (in their capacities as members of the Appeal Tribunal).
Propose a change(1) Subsection (2) applies to a person (“the appointee”)— (a) who is appointed under section 22(1)(c) or 23(3), or (b) who is appointed under section 24(1A) and— (i) falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and (ii) has not previously taken the required oaths after accepting another office. (2) The appointee must take the required oaths before— (a) the Senior President of Tribunals, or (b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee. (3) If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section. (4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him— (a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005); (b) he holds judicial office (as defined in section 109(4) of that Act); (c) he holds (in Scotland) the office of sheriff. (5) In this section “the required oaths” means— (a) the oath of allegiance, and (b) the judicial oath, as set out in the Promissory Oaths Act 1868.
Propose a change(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, (c) is incapacitated by physical or mental illness, or (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.
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Propose a change(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, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.
Propose a change(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.
Propose a change(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 (c) any other person whom he desires to represent him. (2) The Appeal Tribunal has in relation to— (a) the attendance and examination of witnesses, (b) the production and inspection of documents, and (c) all other matters incidental to its jurisdiction, the same powers, rights, privileges and authority (in England and Wales) as the High Court and (in Scotland) as the Court of Session.
Propose a change(1) Directions about the practice and procedure of the Appeal Tribunal may be given— (a) by the Senior President of Tribunals, or (b) by the President of the Appeal Tribunal. (2) A power under subsection (1) includes— (a) power to vary or revoke directions given in exercise of the power, and (b) power to make different provision for different purposes. (3) Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor. (4) Directions under subsection (1)(b) may not be given without the approval of— (a) the Senior President of Tribunals, and (b) the Lord Chancellor. (5) Subsection (1) does not prejudice any power apart from that subsection to give directions about the practice or procedure of the Appeal Tribunal. (6) Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of— (a) the Senior President of Tribunals, and (b) the Lord Chancellor. (7) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following— (a) the application or interpretation of the law; (b) the making of decisions by members of the Appeal Tribunal. (8) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor. (9) Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only. (10) Subsection (6) does not apply to directions under section 28(1).
Propose a change(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.
Propose a change(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 (c) in the case of matter included in a relevant programme— (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.
Propose a change(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 (c) in the case of matter included in a relevant programme— (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.
Propose a change(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.
Propose a change(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).
Propose a change(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.
Propose a change(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.
Propose a change(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).
Propose a change(1) If the Appeal Tribunal is satisfied that— (a) the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal Tribunal's decision or order in any proceedings, and (b) as regards that decision or order, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 37ZB, the Appeal Tribunal may grant a certificate to that effect. (2) The Appeal Tribunal may grant a certificate under this section only on an application made by a party to the proceedings. (3) The Appeal Tribunal may not grant a certificate under this section in the case of proceedings in Scotland. (4) The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that point of law is— (a) a point of law that— (i) relates wholly or mainly to the construction of an enactment or statutory instrument, and (ii) has been fully argued in the proceedings and fully considered in the judgment of the Appeal Tribunal in the proceedings, or (b) a point of law— (i) in respect of which the Appeal Tribunal is bound by a decision of the Court of Appeal or the Supreme Court in previous proceedings, and (ii) that was fully considered in the judgments given by the Court of Appeal or, as the case may be, the Supreme Court in those previous proceedings. (5) The conditions in this subsection are that a point of law of general public importance is involved in the decision or order of the Appeal Tribunal and that— (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter, (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Appeal Tribunal, a hearing by the Supreme Court is justified, or (c) the Appeal Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal. (6) No appeal lies against the grant or refusal of a certificate under subsection (1).
Propose a change(1) If the Appeal Tribunal grants a certificate under section 37ZA in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court. (2) An application under subsection (1) must be made— (a) within one month from the date on which the certificate is granted, or (b) within such time as the Supreme Court may allow in a particular case. (3) If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal. (4) If permission is granted under this section— (a) no appeal from the decision or order to which the certificate relates lies to the Court of Appeal, but (b) an appeal lies from that decision or order to the Supreme Court. (5) An application under subsection (1) is to be determined without a hearing. (6) Subject to subsection (4), no appeal lies to the Court of Appeal from a decision or order of the Appeal Tribunal in respect of which a certificate is granted under section 37ZA until— (a) the time within which an application can be made under subsection (1) has expired, and (b) where such an application is made, that application has been determined in accordance with this section.
Propose a change(1) No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any enactment (other than sections 37ZA and 37ZB), no appeal would lie from that decision or order of the Appeal Tribunal to the Court of Appeal, with or without the leave or permission of the Appeal Tribunal or the Court of Appeal. (2) No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the Court of Appeal on that decision or order of the Appeal Tribunal to the Supreme Court, with or without the leave or permission of the Court of Appeal or the Supreme Court. (3) Where no appeal would lie to the Court of Appeal from the decision or order of the Appeal Tribunal except with the leave or permission of the Appeal Tribunal or the Court of Appeal, no certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal unless it appears to the Appeal Tribunal that it would be a proper case for granting leave or permission to appeal to the Court of Appeal. (4) No certificate may be granted under section 37ZA where the decision or order of the Appeal Tribunal is made in the exercise of its jurisdiction to punish for contempt.
Propose a change(1) This section has effect for the purposes of this Part. (2) “Financial award”— (a) means a sum of money (or, if more than one, the sums of money) ordered by an employment tribunal on a claim involving an employer and a worker, or on a relevant appeal, to be paid by the employer to the worker, and (b) includes— (i) any sum (a “costs sum”) required to be paid in accordance with an order in respect of costs or expenses which relate to proceedings on, or preparation time relating to, the claim or a relevant appeal, and (ii) in a case to which section 16 applies, a sum ordered to be paid to the Secretary of State under that section. (3) Subsection (2)(b)(i) applies irrespective of when the order was made or the amount of the costs sum was determined. (4) “Settlement sum” means a sum payable by an employer to a worker under the terms of a settlement in respect of which a certificate has been issued under section 19A(1). (5) “Relevant sum” means— (a) a financial award, or (b) a settlement sum. (6) “Relevant appeal”, in relation to a financial award, means an appeal against— (a) the decision on the claim to which it relates, (b) a decision to make, or not to make, an order in respect of a financial award (including any costs sum) on the claim, (c) the amount of any such award, or (d) any decision made on an appeal within paragraphs (a) to (c) or this paragraph. (7) Sections 37B to 37D apply for the purposes of calculating the unpaid amount on any day of a relevant sum.
Propose a change(1) In the case of a financial award, the unpaid amount on any day means the amount outstanding immediately before that day in respect of— (a) the initial amount of the financial award (see subsection (2)), and (b) interest payable in respect of the financial award by virtue of section 14. (2) The initial amount of a financial award is— (a) in a case to which section 16 applies, the monetary award within the meaning of that section (see section 17(3)), together with any costs sum, and (b) in any other case, the sum or sums of money ordered to be paid (including any costs sum). (3) An amount in respect of a financial award is not to be regarded as outstanding— (a) when the worker could make an application for an order for a costs sum in relation to— (i) proceedings on the claim to which the financial award relates, (ii) proceedings on a relevant appeal, (b) when the worker has made such an application but the application has not been withdrawn or finally determined, (c) when the employer or worker could appeal against— (i) the decision on the claim to which it relates, (ii) a decision to make, or not to make, a financial award (including any costs sum) on the claim, (iii) the amount of any such award, or (iv) any decision made on an appeal within sub-paragraphs (i) to (iii) or this sub-paragraph, but has not done so, or (d) when the employer or worker has made such an appeal but the appeal has not been withdrawn or finally determined.
Propose a change(1) In the case of a settlement sum, the unpaid amount on any day means the amount outstanding immediately before that day in respect of— (a) the settlement sum, and (b) interest (if any) calculated in accordance with the settlement (within the meaning of section 19A). (2) Subject to section 37D(2) and (3), an amount in respect of a settlement sum is not to be regarded as outstanding if the settlement sum is not recoverable under section 19A(3).
Propose a change(1) Subsections (2) and (3) apply where— (a) a relevant sum is to be paid by instalments, (b) any instalment is not paid on or before the day on which it is due to be paid, and (c) a warning notice (see section 37E) is given in consequence of the failure to pay that instalment (“the unpaid instalment”). (2) For the purposes of calculating the unpaid amount for— (a) that warning notice, and (b) any penalty notice given in respect of that warning notice, any remaining instalments (whether or not yet due) are to be treated as having been due on the same day as the unpaid instalment. (3) Accordingly, the amount outstanding in respect of the financial award or settlement sum is to be taken to be— (a) the aggregate of— (i) the unpaid instalment, and (ii) any remaining instalments, including, in the case of a settlement sum, any amount which is not recoverable under section 19A(3) by reason only of not being due, (b) interest on those amounts calculated in accordance with section 37B(1)(b) or 37C(1)(b) (and subsection (2)). (4) Subsections (2) and (3) are not to be taken to affect the time at which any remaining instalment is due to be paid by the employer. (5) The provisions of this Part apply where a financial award consists of two or more sums (whether or not any of them is a costs sum) which are required to be paid at different times as if— (a) it were a relevant sum to be paid by instalments, and (b) those sums were the instalments. (6) Where a payment by an employer is made, or purported to be made, in respect of a relevant sum, the Secretary of State may determine whether, and to what extent, the payment is to be treated as being— (a) in respect of that relevant sum or instead in respect of some other amount owed by the employer; (b) in respect of the initial amount or interest on it, in the case of a payment treated as being in respect of the relevant sum.
Propose a change(1) This section applies where the Secretary of State considers that an employer who is required to pay a relevant sum has failed— (a) in the case of a relevant sum which is to be paid by instalments, to pay an instalment on or before the day on which it is due to be paid, or (b) in any other case, to pay the relevant sum in full on or before the day on which it is due to be paid. (2) The Secretary of State may give the employer a notice (a “warning notice”) stating the Secretary of State’s intention to impose a financial penalty in respect of the relevant sum unless before a date specified in the warning notice (“the specified date”) the employer has paid in full the amount so specified (“the specified amount”). This is subject to subsection (3). (3) Where a penalty notice has previously been given in respect of the relevant sum, the Secretary of State may not give a warning notice until— (a) 3 months have elapsed since the end of the relevant period (within the meaning of section 37H) relating to the last penalty notice given in respect of the relevant sum, and (b) if the relevant sum is to be paid by instalments, the last instalment has become due for payment. (4) The specified date must be after the end of the period of 28 days beginning with the day on which the warning notice is given. (5) The specified amount must be the unpaid amount of the relevant sum on the day on which the warning notice is given. (6) A warning notice must identify the relevant sum and state— (a) how the specified amount has been calculated; (b) the grounds on which it is proposed to impose a penalty; (c) the amount of the financial penalty that would be imposed if no payment were made in respect of the relevant sum before the specified date; (d) that the employer may before the specified date make representations about the proposal to impose a penalty, including representations— (i) about payments which the employer makes in respect of the relevant sum after the warning notice is given; (ii) about the employer's ability to pay both a financial penalty and the relevant sum; (e) how any such representations may be made. (7) The statement under subsection (6)(e) must include provision for allowing representations to be made by post (whether or not it also allows them to be made in any other way). (8) If the employer pays the specified amount before the specified date, the relevant sum is to be treated for the purposes of this Part as having been paid in full. (9) Subsection (8) is not to be taken to affect the liability of the employer to pay any increase in the unpaid amount between the date of the warning notice and the date of payment.
Propose a change(1) This section applies where the Secretary of State — (a) has given a warning notice to an employer, and (b) is satisfied that the employer has failed to pay the specified amount in full before the specified date. (2) The Secretary of State may give the employer a notice (a “penalty notice”) requiring the employer to pay a financial penalty to the Secretary of State. (3) A penalty notice must identify the relevant sum and state— (a) the grounds on which the penalty notice is given; (b) the unpaid amount of the relevant sum on the specified date and how it has been calculated; (c) the amount of the financial penalty (see subsections (4) to (6)); (d) how the penalty must be paid; (e) the period within which the penalty must be paid; (f) how the employer may pay a reduced penalty instead of the financial penalty; (g) the amount of the reduced penalty (see subsection (8)); (h) how the employer may appeal against the penalty notice; (i) the consequences of non-payment. (4) Subject to subsections (5) and (6), the amount of the financial penalty is 50% of the unpaid amount of the relevant sum on the specified date. (5) If the unpaid amount on the specified date is less than £200, the amount of the penalty is £100. (6) If the unpaid amount on the specified date is more than £10,000, the amount of the financial penalty is £5,000. (7) The period specified under subsection (3)(e) must be a period of not less than 28 days beginning with the day on which the penalty notice is given. (8) The amount of the reduced penalty is 50% of the amount of the financial penalty. (9) Subsection (10) applies if, within the period of 14 days beginning with the day on which the penalty notice is given, the employer— (a) pays the unpaid amount of the relevant sum on the specified date (as stated in the notice under subsection (3)(b)), and (b) pays the reduced penalty to the Secretary of State. (10) The employer is to be treated— (a) for the purposes of this Part, as having paid the relevant sum in full, and (b) by paying the reduced penalty, as having paid the whole of the financial penalty. (11) Subsection (10)(a) is not to be taken to affect the liability of the employer to pay any increase in the unpaid amount of the relevant sum between the specified date and the date of payment.
Propose a change(1) An employer to whom a penalty notice is given may, before the end of the period specified under section 37F(3)(e) (period within which penalty must be paid), appeal against— (a) the penalty notice; or (b) the amount of the financial penalty. (2) An appeal under subsection (1) lies to an employment tribunal. (3) An appeal under subsection (1) may be made on one or more of the following grounds— (a) that the grounds stated in the penalty notice under section 37F(3)(a) were incorrect; (b) that it was unreasonable for the Secretary of State to have given the notice; (c) that the calculation of an amount stated in the penalty notice was incorrect. (4) On an appeal under subsection (1), an employment tribunal may— (a) allow the appeal and cancel the penalty notice; (b) in the case of an appeal made on the ground that the calculation of an amount stated in the penalty notice was incorrect, allow the appeal and substitute the correct amount for the amount stated in the penalty notice; (c) dismiss the appeal. (5) Where an employer has made an appeal under subsection (1), the penalty notice is not enforceable until the appeal has been withdrawn or finally determined.
Propose a change(1) This section applies if all or part of a financial penalty which an employer is required by a penalty notice to pay is unpaid at the end of the relevant period. (2) The relevant period is— (a) if no appeal is made under section 37G(1) relating to the penalty notice, the period specified in the penalty notice under section 37F(3)(e); (b) if such an appeal is made, the period ending when the appeal is withdrawn or finally determined. (3) The outstanding amount of the financial penalty for the time being carries interest— (a) at the rate that, on the last day of the relevant period, was specified in section 17 of the Judgments Act 1838, (b) from the end of the relevant period until the time when the amount of interest calculated under this subsection equals the amount of the financial penalty, (and does not also carry interest as a judgment debt under that section). (4) The outstanding amount of a penalty and any interest is recoverable— (a) in England and Wales, if the county court so orders, under section 85 of the County Courts Act 1984 or otherwise as if the sum were payable under an order of the county court; (b) in Scotland, by diligence as if the penalty notice were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (5) Any amount received by the Secretary of State under this Part is to be paid into the Consolidated Fund.
Propose a change(1) Where— (a) a warning notice has been given (and not already withdrawn), (b) it appears to the Secretary of State that— (i) the notice incorrectly omits any statement or is incorrect in any particular, or (ii) the warning notice was given in contravention of section 37E(3), and (c) if a penalty notice has been given in relation to the warning notice, any appeal made under section 37G(1) has not been determined, the Secretary of State may withdraw the warning notice by giving notice of withdrawal to the employer. (2) Where a warning notice is withdrawn, no penalty notice may be given in relation to it. (3) Where a warning notice is withdrawn after a penalty notice has been given in relation to it— (a) the penalty notice ceases to have effect; (b) any sum paid by or recovered from the employer by way of financial penalty payable under the penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered; (c) any appeal under section 37G(1) relating to the penalty notice must be dismissed. (4) In subsection (3)(b), the appropriate rate means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838. (5) A notice of withdrawal under this section must indicate the effect of the withdrawal (but a failure to do so does not make the notice of withdrawal ineffective). (6) Withdrawal of a warning notice relating to a relevant sum does not preclude a further warning notice being given in relation to that sum (subject to section 37E(3)).
Propose a change(1) Where— (a) a penalty notice has been given (and not already withdrawn or cancelled), and (b) it appears to the Secretary of State that— (i) the notice incorrectly omits any statement required by section 37F(3), or (ii) any statement so required is incorrect in any particular, the Secretary of State may withdraw it by giving notice of the withdrawal to the employer. (2) Where a penalty notice is withdrawn and no replacement penalty notice is given in accordance with section 37K— (a) any sum paid by or recovered from the employer by way of financial penalty payable under the notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered; (b) any appeal under section 37G(1) relating to the penalty notice must be dismissed. (3) In a case where subsection (2) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective). (4) In subsection (2)(a), “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.
Propose a change(1) Where the Secretary of State— (a) withdraws a penalty notice (“the original penalty notice”) under section 37J, and (b) is satisfied that the employer failed to pay the specified amount in full before the specified date in accordance with the warning notice in relation to which the original penalty notice was given, the Secretary of State may at the same time give another penalty notice in relation to the warning notice (“the replacement penalty notice”). (2) The replacement penalty notice must— (a) indicate the differences between it and the original penalty notice that the enforcement officer reasonably considers material, and (b) indicate the effect of section 37L. (3) Failure to comply with subsection (2) does not make the replacement penalty notice ineffective. (4) Where a replacement penalty notice is withdrawn under section 37J, no further replacement penalty notice may be given under subsection (1) pursuant to the withdrawal. (5) Nothing in this section affects any power that arises apart from this section to give a penalty notice.
Propose a change(1) This section applies where a penalty notice is withdrawn under section 37J and a replacement penalty notice is given in accordance with section 37K. (2) If an appeal relating to the original penalty notice has been made under section 37G(1) and has not been withdrawn or finally determined before the time when that notice is withdrawn— (a) the appeal (“the earlier appeal”) is to have effect after that time as if it were against the replacement penalty notice, and (b) the employer may exercise the right under section 37G to appeal against the replacement penalty notice only after withdrawing the earlier appeal. (3) If a sum was paid by or recovered from the employer by way of financial penalty under the original penalty notice— (a) an amount equal to that sum (or, if more than one, the total of those sums) is to be treated as having been paid in respect of the replacement penalty notice, and (b) any amount by which that sum (or total) exceeds the amount of the financial penalty payable under the replacement penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum (or, if more than one, the first of them) was paid or recovered. (4) In subsection (3)(b) “the appropriate rate” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.
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Propose a change(1) The Secretary of State may by regulations— (a) amend subsection (5) or (6) of section 37F by substituting a different amount; (b) amend subsection (4) or (8) of that section by substituting a different percentage; (c) amend section 37E(4) or 37F(7) or (9) by substituting a different number of days. (2) Any provision that could be made by regulations under this section may instead be included in an order under section 12A(12).
Propose a change(1) The Secretary of State may by regulations make provision for this Part to apply with modifications in cases where— (a) two or more financial awards were made against an employer on claims relating to different workers that were considered together by an employment tribunal, or (b) settlement sums are payable by an employer under two or more settlements in cases dealt with together by a conciliation officer. (2) Regulations under subsection (1) may in particular provide for any provision of this Part to apply as if any such financial awards or settlement sums, taken together, were a single relevant sum. (3) The Secretary of State may by regulations make provision for this Part to apply with modifications in cases where a financial award has been made against an employer but is not regarded as outstanding by virtue only of the fact that an application for an order for a costs sum has not been finally determined (or any appeal within section 37B(3)(c) so far as relating to the application could still be made or has not been withdrawn or finally determined). (4) Regulations under subsection (3) may in particular provide— (a) for any provision of this Part to apply, or to apply if the Secretary of State so determines, as if the application had not been, and could not be, made; (b) for any costs sum the amount of which is subsequently determined, or the order for which is subsequently made, to be treated for the purposes of this Part as a separate relevant sum.
Propose a change(1) For the purposes of section 7 of the Interpretation Act 1978 in its application to this Part, the proper address of an employer is— (a) if the employer has notified the Secretary of State of an address at which the employer is willing to accept notices, that address; (b) otherwise— (i) in the case of a body corporate, the address of the body's registered or principal office; (ii) in the case of a partnership or an unincorporated body or association, the principal office of the partnership, body or association; (iii) in any other case, the last known address of the person in question. (2) In the case of— (a) a body corporate registered outside the United Kingdom, (b) a partnership carrying on business outside the United Kingdom, or (c) an unincorporated body or association with offices outside the United Kingdom, the references in subsection (1) to its principal office include references to its principal office within the United Kingdom (if any).
Propose a change(1) In this Part, the following terms have the following meanings— “claim”— means anything that is referred to in the relevant legislation as a claim, a complaint or a reference, other than a reference made by virtue of section 122(2) or 128(2) of the Equality Act 2010 (reference by court of question about a non-discrimination or equality rule etc), and also includes an application, under regulations made under section 45 of the Employment Act 2002, for a declaration that a person is a permanent employee; “costs sum” has the meaning given by section 37A; “employer” has the same meaning as in section 12A; ... “financial award” has the meaning given by section 37A; “penalty notice” has the meaning given by section 37F; “relevant appeal” has the meaning given by section 37A; “relevant sum” has the meaning given by section 37A; “settlement sum” has the meaning given by section 37A; “specified amount” and “specified date”, in relation to a warning notice or a penalty notice given in relation to it, have the meanings given by section 37E(2); “unpaid amount”— in relation to a financial award, has the meaning given by section 37B; in relation to a settlement sum, has the meaning given by section 37C; subject, in each case, to section 37D; “warning notice” has the meaning given by section 37E(2); “worker” has the same meaning as in section 12A. (2) References in this Part to an employer, in relation to a warning notice or penalty notice, are to the person to whom the notice is given (whether or not the person is an employer at the time in question). (3) For the purposes of this Part a relevant sum is to be regarded as having been paid in full when the amount unpaid in respect of that sum on the date of payment has been paid. (4) For the purposes of this Part, a penalty notice is given in relation to a warning notice if it is given as the result of a failure by the employer to pay the specified amount before the specified date. (5) The Secretary of State may by regulations amend this section so as to alter the meaning of “claim”. (6) Any provision that could be made by regulations under subsection (5) may instead be included in an order under section 12A(12).
Propose a change(1) There are to be rules made by the Tribunal Procedure Committee called “Employment Tribunal Procedure Rules”. (2) Those are the rules referred to as “Procedure Rules” in this Act. (3) Schedule A1 makes further provision about Procedure Rules. (4) The power of the Tribunal Procedure Committee to make Procedure Rules for the purposes set out in sections 7 and 30(1) is not limited by any other provision (including future provision) about what Procedure Rules may or must contain.
Propose a change(1) The Lord Chancellor may by regulations amend, repeal or revoke any enactment to the extent that the Lord Chancellor considers necessary or desirable— (a) in order to facilitate the making of Procedure Rules, or (b) in consequence of— (i) section 37QA, (ii) Schedule A1, or (iii) Procedure Rules. (2) In subsection (1) “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
Propose a change(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.
Propose a change(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.
Propose a change