2024 No. 1155
EMPLOYMENT TRIBUNALS
The Employment Tribunal Procedure Rules 2024
Made
2nd December 2024
Laid before Parliament
6th December 2024
Coming into force in accordance with rule 1(1)
The Tribunal Procedure Committee makes the following Rules (other than the rules made by the Lord Chancellor) in exercise of the powers conferred by sections 7, 9(1), (2) and (2ZA), 11(1), 12(2), 13, 13A, 19, 37QA of, and Schedule A1 to, the Employment Tribunals Act 1996, paragraph 37 of Schedule 6 to the Scotland Act 1998, and paragraph 32 of Schedule 9 to the Government of Wales Act 2006, having consulted in accordance with paragraph 21(1) and (3) of Schedule A1 to the Employment Tribunals Act 1996 and paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
The Lord Chancellor makes rules 1(3)(a), 93 and Schedule 1 to these Rules in exercise of the powers conferred by sections 10(2), (5) to (7) and 41(4) of the Employment Tribunals Act 1996.
The Tribunal Procedure Committee has had regard to the matters referred to in section 7B(A1) of, and paragraph 1 of Schedule A1 to, the Employment Tribunals Act 1996 and paragraph 28A(2) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
The Lord Chancellor has (in respect of the rules made by the Tribunal Procedure Committee) allowed these Rules in accordance with paragraph 21 of Schedule A1 to the Employment Tribunals Act 1996 and paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
(1) These Rules may be cited as the Employment Tribunal Procedure Rules 2024 and come into force immediately after the Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 come into force.
(2) Subject to paragraph (3), these Rules (excluding Schedules 1 and 2) apply to all proceedings before the Tribunal.
(3) Schedules 1 and 2 apply to modify Parts 1 to 15 of these Rules in relation, respectively, to—
(a) national security proceedings, and
(b) equal value claims.
(4) These Rules extend to England and Wales and Scotland.
(1) In these Rules—
“2013 Regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013;
“ACAS” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of the Trade Union and Labour Relations (Consolidation) Act 1992;
“case management order” means an order or decision of any kind in relation to the conduct of proceedings, not including the determination of any issue which would be the subject of a judgment;
“claim” means any proceedings before the Tribunal making a complaint, and unless otherwise specified, includes an employer’s contract claim;
“claim form” means a form prescribed by the President in accordance with rule 9(1)(a);
“claimant” means a person who brings a claim to the Tribunal (other than an employer’s contract claim);
“Commission for Equality and Human Rights” means the body established under section 1 of the Equality Act 2006;
“complaint” means anything that is referred to as a claim, complaint, reference, application or appeal in any enactment which confers jurisdiction on the Tribunal;
“costs” means fees, charges, disbursements or expenses incurred by or on behalf of any party (including expenses that witnesses incur for the purpose of, or in connection with, attendance at a Tribunal hearing). In Scotland all references to costs (except when used in the expression “wasted costs”) must be read as references to expenses;
“costs order” has the meaning given in rule 73(1);
“early conciliation certificate” means a certificate issued by ACAS in accordance with the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014;
“early conciliation exemption” means an exemption contained in regulation 3(1) of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014;
“early conciliation number” means the unique reference number which appears on an early conciliation certificate;
“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000;
“employee’s contract claim” means a claim brought by an employee in accordance with articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 or articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994;
“employer’s contract claim” means a claim brought by an employer in accordance with articles 4 and 8 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, or articles 4 and 8 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994;
“Employment Appeal Tribunal” means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 and continued in existence under section 135 of the Employment Protection (Consolidation) Act 1978 and section 20(1) of the Employment Tribunals Act;
“Employment Tribunals Act” means the Employment Tribunals Act 1996;
“equal value claim” means a claim relating to a breach of a sex equality clause or rule within the meaning of the Equality Act in a case involving work within section 65(1)(c) of that Act;
“Equality Act” means the Equality Act 2010;
“final hearing” has the meaning given in rule 55(1);
“full reasons” has the meaning given in rule 60(7);
“judgment” means a decision made at any stage of the proceedings (other than a decision under rule 14 (reconsideration of rejection of claim) or 20 (reconsideration of rejection of response)), which finally determines—
a claim, or part of a claim, as regards liability, remedy or costs (including preparation time and wasted costs);
any issue which is capable of finally disposing of any claim, or part of a claim, even if it does not necessarily do so (for example, an issue whether a claim should be struck out or a jurisdictional issue);
the imposition of a financial penalty under section 12A of the Employment Tribunals Act;
“lay representative” means a person who charges for representation in proceedings but is not a legal representative;
“legal representative” means a person (including an employee of a person who is entitled to be paid costs) who—
has a right of audience in relation to any class of proceedings in any part of the Senior Courts of England and Wales, or all proceedings in county courts or magistrates’ courts,
is an advocate or solicitor in Scotland, or
is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;
“Minister” means a Minister of the Crown;
“national security proceedings” means proceedings in relation to which a direction or order under rule 93 is in force;
“preliminary hearing” has the meaning given in rule 52(1);
“preliminary issue” has the meaning given in rule 52(3);
“preparation time” has the meaning given in rule 72;
“preparation time order” has the meaning given in rule 73(2);
“President” means either of the two presidents appointed from time to time in accordance with regulation 5(1) of the 2013 Regulations;
“presiding member” means—
where the Tribunal is composed of a single member, the Employment Judge presiding in accordance with regulation 5(1) of the Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024;
where the Tribunal is composed of two or more members, the member selected by the Senior President of Tribunals in accordance with regulation 6(4) of those Regulations;
“Regional Employment Judge” means a person appointed or nominated in accordance with regulation 6(1) or (2) of the 2013 Regulations;
“Register” means the register of judgments and written reasons kept in accordance with regulation 14(1) of the 2013 Regulations;
“relevant proceedings” means those proceedings listed in section 18(1) of the Employment Tribunals Act;
“reply” means a reply given to an employer’s contract claim under rule 26;
“representative” includes a legal representative and a lay representative, and unless otherwise specified, “represented” and “representing” are to be construed accordingly;
“respondent” means the person or persons against whom the claim (other than an employer’s contract claim) is made;
“response” means a response presented to the Tribunal under Part 3 of these Rules;
“response form” means a form prescribed by the President in accordance with rule 9(1)(b);
“summary reasons” has the meaning given in rule 60(7);
“Tribunal” means any employment tribunal established in accordance with regulation 4 of the 2013 Regulations;
“Vice President” means a person appointed or nominated in accordance with regulation 6(3) or (4) of the 2013 Regulations;
“wasted costs” has the meaning given in rule 78(5);
“writing” includes writing sent by means of electronic communication.
(2) Any order or other decision of the Tribunal is either a case management order or a judgment.
(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2) Dealing with a case fairly and justly includes, so far as practicable—
(a) ensuring that the parties are on an equal footing,
(b) dealing with cases in ways which are proportionate to the complexity and importance of the issues,
(c) avoiding unnecessary formality and seeking flexibility in the proceedings,
(d) avoiding delay, so far as compatible with proper consideration of the issues, and
(e) saving expense.
(3) The Tribunal must seek to give effect to the overriding objective when it—
(a) exercises any power under these Rules, or
(b) interprets any rule or practice direction.
(4) The parties and their representatives must—
(a) assist the Tribunal to further the overriding objective, and
(b) co-operate generally with each other and with the Tribunal.
The Tribunal must, wherever practicable and appropriate, seek to encourage the use by the parties of the services of ACAS, judicial or other mediation, or other means of resolving their disputes by agreement (and see rules 52(1)(e) and 53 for the Tribunal’s power to direct a preliminary hearing for those purposes)..
(1) Unless otherwise specified by the Tribunal, an act required by these Rules, a practice direction or an order of the Tribunal to be done on or by a particular day must be done at any time before midnight on that day. If there is an issue as to whether the act has been done by that time, the party claiming to have done it must prove compliance.
(2) If the time specified by these Rules, a practice direction or an order for doing any act ends on a day other than a working day, the act is done in time if it is done before midnight on the next working day.
(3) Where any act is required to be, or may be, done within or no later than a certain number of days of or from an event, the date of that event must not be included in the calculation. (For example, a response must be received within 28 days of the date on which the respondent was sent a copy of the claim: if the copy of the claim was sent on 1st October the latest date for receipt of the response by the Tribunal is 29th October).
(4) Where any act is required to be, or may be, done not less than a certain number of days before or after an event, the date of that event must not be included in the calculation. (For example, if a party wishes to send representations in writing for consideration by the Tribunal at a hearing, the representations must be received not less than 7 days before the hearing: if the hearing is fixed for 8th October, the representations must be received by the Tribunal no later than 1st October).
(5) Where the Tribunal imposes a time limit for doing any act, the last date for compliance should, wherever practicable, be expressed as a calendar date.
(6) Where time is specified by reference to the date when a document is sent to a person by the Tribunal, the date when the document was sent must, unless the contrary is proved, be regarded as the date endorsed on the document as the date of sending or, if there is no such endorsement, the date shown on the letter accompanying the document.
(7) The Tribunal may, on its own initiative or on the application of a party, extend or shorten any time limit specified in these Rules or in any decision, whether or not (in the case of an extension) it has expired.
(8) “Working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.
(1) An irregularity resulting from a failure to comply with any provision of these Rules, a practice direction, or any order of the Tribunal does not of itself render void the proceedings or any step taken in the proceedings.
(2) In the case of non-compliance with these Rules, any practice direction or any order of the Tribunal, the Tribunal may take such action as it considers just, which may include any of the following—
(a) waiving or varying the requirement;
(b) striking out the claim or the response, in whole or in part, in accordance with rule 38 (striking out);
(c) barring or restricting a party’s participation in the proceedings;
(d) awarding costs in accordance with Part 13 (costs orders, preparation time orders and wasted costs orders).
(3) This rule does not apply to rules 10, 17(1), 24(1) or 26(1), or an order made under rule 28(1)(b), 29(1)(b), 39 or 40.
(1) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff and services) or section 2(1) of the Courts Act 2003 (court officers, staff and services) may, if authorised by the Senior President of Tribunals under paragraph 2(3) of Schedule A1 to the Employment Tribunals Act, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(2) Within 14 days from the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
(1) The President may issue guidance for the area for which they are responsible, as to matters of practice and as to how the powers conferred by these Rules may be exercised.
(2) Any guidance issued under paragraph (1) must be published by the President in an appropriate manner to bring it to the attention of the persons to whom it is addressed.
(3) The Tribunal must have regard to any guidance published by the President for the area in which the Tribunal is constituted, but is not bound by it.
(1) The President may prescribe by practice direction, for the area for which they are responsible—
(a) one or more versions of a form which must be used by claimants to start proceedings in the Tribunal,
(b) one or more versions of a form which must be used by respondents to respond to a claim before the Tribunal, and
(c) that provision of certain information on a form prescribed under sub-paragraph (a) or (b) is mandatory.
(2) It is not necessary to use a form prescribed under paragraph (1) if the proceedings are—
(a) referred to the Tribunal by a court,
(b) proceedings in which the Tribunal will be exercising its appellate jurisdiction, or
(c) proceedings brought by an employer under section 11 of the Employment Rights Act 1996.
(3) The President must publish the forms prescribed under paragraph (1) in an appropriate manner to bring them to the attention of prospective claimants, respondents and their advisers.
(1) A claimant must start proceedings by presenting a claim on a claim form completed in accordance with any practice direction.
(2) A claim may be presented in England and Wales if—
(a) the respondent, or one of the respondents, resides or carries on business in England and Wales,
(b) one or more of the acts or omissions complained of took place in England and Wales,
(c) the claim relates to a contract under which the work is or has been performed partly in England and Wales, or
(d) the Tribunal has jurisdiction to determine the claim by virtue of a connection with Great Britain and the connection in question is at least partly a connection with England and Wales.
(3) A claim may be presented in Scotland if—
(a) the respondent, or one of the respondents, resides or carries on business in Scotland,
(b) one or more of the acts or omissions complained of took place in Scotland,
(c) the claim relates to a contract under which the work is or has been performed partly in Scotland, or
(d) the Tribunal has jurisdiction to determine the claim by virtue of a connection with Great Britain and the connection in question is at least partly a connection with Scotland.
(1) Two or more claimants may make their claims on the same claim form if their claims give rise to common or related issues of fact or law or if it is otherwise reasonable for their claims to be made on the same claim form.
(2) Where two or more claimants wrongly include claims on the same claim form, this must be treated as an irregularity falling under rule 6 (irregularities and non-compliance).
12 Rejection: claim form not used or failure to supply minimum information
(1) The Tribunal must reject a claim if—
(a) it is not made on a claim form;
(b) it does not contain the following information—
(i) each claimant’s name;
(ii) each claimant’s address;
(iii) each respondent’s name;
(iv) each respondent’s address;
(c) it does not contain one of the following—
(i) an early conciliation number;
(ii) confirmation that the claim does not institute any relevant proceedings;
(iii) confirmation that an early conciliation exemption applies.
(2) If it rejects the claim under paragraph (1), the Tribunal must send a copy of the claim to each claimant with a notice of rejection explaining why it has been rejected. The notice must contain information about how a claimant may apply for a reconsideration of the rejection.
(1) Tribunal staff must refer a claim to the Tribunal if they consider that the claim, or part of it, may be—
(a) one which the Tribunal has no jurisdiction to consider,
(b) one which does not contain any grounds on which the claimant relies, cannot sensibly be responded to or is an abuse of process,
(c) one which institutes relevant proceedings and is made on a claim form that does not contain either an early conciliation number or confirmation that an early conciliation exemption applies,
(d) one which institutes relevant proceedings and is made on a claim form which contains confirmation that one of the early conciliation exemptions applies, and an early conciliation exemption does not apply,
(e) one which institutes relevant proceedings and the early conciliation number on the claim form is not the same as the early conciliation number on the early conciliation certificate,
(f) one which institutes relevant proceedings and the name of the claimant on the claim form is not the same as the name of the prospective claimant on the early conciliation certificate to which the early conciliation number relates, or
(g) one which institutes relevant proceedings and the name of the respondent on the claim form is not the same as the name of the prospective respondent on the early conciliation certificate to which the early conciliation number relates.
(2) The Tribunal must reject a claim, or part of it, if it considers that the claim, or part of it, is of a kind described in sub-paragraphs (a), (b), (c) or (d) of paragraph (1).
(3) The Tribunal must reject a claim, or part of it, if it considers that the claim is of a kind described in sub-paragraph (e) of paragraph (1), unless the Tribunal considers that the claimant made an error in relation to an early conciliation number and it would not be in the interests of justice to reject the claim, or part of it.
(4) The Tribunal must reject a claim, or part of it, if it considers that the claim, or part of it, is of a kind described in sub-paragraphs (f) or (g) of paragraph (1), unless the Tribunal considers that the claimant made an error in relation to a name or address and it would not be in the interests of justice to reject the claim, or part of it.
(5) If a claim, or part of it, is rejected, the Tribunal must send a copy of the claim form to each claimant together with a notice of rejection giving the Tribunal’s reasons for rejecting the claim, or part of it. The notice must contain information about how a claimant may apply for a reconsideration of the rejection.
(1) A claimant whose claim has been rejected (in whole or in part) under rule 12 (rejection: claim form not used or failure to supply minimum information) or 13 (rejection: substantive defects) may apply for a reconsideration on the basis that either—
(a) the decision to reject was wrong, or
(b) the notified defect can be rectified.
(2) An application under paragraph (1) must be in writing and it must be received by the Tribunal within 14 days of the date that the notice of rejection was sent. It must explain why the decision to reject is wrong or rectify the defect and it must state whether the claimant requests a hearing.
(3) If the claimant does not request a hearing, or the Tribunal decides, on considering the application, that the claim is to be accepted in full, the Tribunal must determine the application without a hearing. Otherwise the application must be considered at a hearing attended only by the claimant.
(4) If the Tribunal decides that the decision to reject the claim, or part of it, was correct but that the defect has been rectified, the claim must be treated as presented on the date that the application containing the rectification was received by the Tribunal.
(1) If a claim alleges that the claimant has made a protected disclosure, the Tribunal may, with the consent of the claimant, send a copy of the claim to a person or description of persons prescribed by an order under section 43F of the Employment Rights Act 1996.
(2) “Protected disclosure” has the meaning given by section 43A of the Employment Rights Act 1996.
(1) Unless the claim is rejected in full, the Tribunal must send a copy of the claim form to each respondent with a notice which includes the following information—
(a) whether any part of the claim has been rejected,
(b) how to present a response to the claim,
(c) the period by which a response must be received by the Tribunal, and
(d) what will happen if the Tribunal does not receive a response in time.
(2) Where the Tribunal accepts part of a claim on reconsideration under rule 14 (reconsideration of rejection of claim) after rejection of that part, it must—
(a) unless it has already done so under paragraph (1), send a copy of the claim form to each respondent,
(b) notify the respondent that the rejected part has now been accepted, and
(c) direct the period by which a response must be received by the Tribunal.
(3) If the Tribunal sends a copy of the claim form to an address for a respondent which differs from that provided on the claim form (whether or not a copy of the claim form has already been sent by the Tribunal to an address provided on the claim form), the Tribunal may also direct that the period by which a response must be received by the Tribunal under rule 17(1) (response) begins from the date that a copy of the claim form is sent to that address.
(4) The Tribunal may send a copy of the claim form to the Secretary of State in any case where it appears that rule 95 (proceedings involving the National Insurance Fund) may apply.
(1) A respondent must present a response form to the Tribunal in accordance with any practice direction. Subject to paragraph (2) and to any direction given under rule 16(2) or (3) (sending claim form to respondents), the Tribunal must receive the response within 28 days of the date that the copy of the claim form was sent by the Tribunal.
(2) Two or more respondents may include their responses on the same response form if the responses give rise to common or related issues of fact or law or if it is otherwise reasonable for the responses to be made on the same response form.
(3) A respondent may include the response to more than one claim on the same response form if the claims give rise to common or related issues of fact or law or if it is otherwise reasonable for the responses to be made on the same response form.
(4) Where two or more respondents wrongly include responses on the same response form, this must be treated as an irregularity falling under rule 6 (irregularities and non-compliance).
18 Rejection: response form not used or failure to supply minimum information
(1) The Tribunal must reject a response if—
(a) it is not made on a response form;
(b) it does not contain the following information—
(i) the respondent’s full name;
(ii) the respondent’s address;
(iii) whether the respondent wishes to resist any part of the claim.
(2) If it rejects a response under paragraph (1), the Tribunal must send a copy of the response to the respondent (or in the case of a response provided by two or more respondents, to each respondent) with a notice of rejection explaining why it has been rejected. The notice must explain what steps may be taken by a respondent, including the need (if appropriate) to apply for an extension of time, and how to apply for a reconsideration of the rejection.
(1) The Tribunal must reject a response if it is received later than the time specified in rule 17(1) (response), or after the expiry of any extension of time granted under rule 21 (applications for extension of time for presenting response).
(2) The Tribunal must not reject a response under paragraph (1) where an application for extension has been made under rule 21, or the response includes or is accompanied by such an application, until that application is determined.
(3) If it rejects a response under paragraph (1), the Tribunal must send a copy of the response form to the respondent (or in the case of a response provided by two or more respondents, to each respondent) together with a notice of rejection explaining that the response has been presented late. The notice must explain how a respondent can apply for an extension of time and how to apply for a reconsideration of the rejection.
(1) A respondent whose response has been rejected under rule 18 (rejection: response form not used or failure to supply minimum information) or 19 (rejection: response form presented late) may apply for a reconsideration on the basis that the decision to reject was wrong or, in the case of a rejection under rule 18, on the basis that the notified defect can be rectified.
(2) An application under paragraph (1) must be in writing and it must be received by the Tribunal within 14 days of the date that the notice of rejection was sent. It must explain why the decision to reject is wrong or rectify the defect, and it must state whether the respondent requests a hearing.
(3) If the respondent does not request a hearing, or the Tribunal decides, on considering the application, that the response is to be accepted in full, the Tribunal must determine the application without a hearing. Otherwise the application must be considered at a hearing attended only by the respondent.
(4) If the Tribunal decides that the decision to reject the response was correct but that the defect has been rectified, the response must be treated as presented on the date that the application containing the rectification was received by the Tribunal (but the Tribunal may extend time under rule 5(7) (time)).
21 Applications for extension of time for presenting response
(1) A respondent may make a written application to the Tribunal for an extension of time for presenting a response.
(2) The application must—
(a) set out the reasons why the extension is sought,
(b) except where the time limit has not yet expired, be accompanied by a draft response, or an explanation as to why that is not possible, and
(c) specify if the respondent wishes to request a hearing.
(3) A claimant may within 7 days of receipt of a copy of the application give reasons in writing to the Tribunal explaining why the application is opposed.
(4) The Tribunal may determine the application without a hearing.
(5) If the Tribunal refuses to grant an extension of time, any prior rejection of the response must stand. If the Tribunal grants an extension of time, any judgment issued under rule 22(2) (effect of non-presentation or rejection of response, or case not contested) must be set aside and rule 22(3) ceases to have effect.
22 Effect of non-presentation or rejection of response, or case not contested
(1) This rule applies where—
(a) the Tribunal has not received a response by the time specified in rule 17(1) (response), or by an extension of time granted under rule 21 (applications for extension of time for presenting response),
(b) any response received has been rejected and no application for a reconsideration is yet to be determined, or
(c) the respondent has stated that no part of the claim is contested.
(2) The Tribunal must decide whether on the available material (which may include any further information which the parties are required by the Tribunal to provide), a determination can properly be made of the claim, or part of it. To the extent that a determination can be made, the Tribunal must issue a judgment accordingly, otherwise, a hearing must be fixed. Where the Tribunal has directed that a preliminary issue should be determined at a hearing, a judgment may be issued by the Tribunal under this rule after that issue has been determined without a further hearing.
(3) The Tribunal must provide the respondent with notice of any hearing or decision of the Tribunal but the respondent may only participate in any hearing on that claim to the extent permitted by the Tribunal.
Subject to rule 93(6) (national security proceedings), where the Tribunal accepts the response it must send a copy of the response form to all other parties.
(1) A respondent who wishes to make an employer’s contract claim must do so by including it as part of the response to a claim which includes an employee’s contract claim, and the Tribunal must receive the response by the time specified in rule 17(1) (response), or by any extension of time granted under rule 21 (applications for extension of time for presenting response).
(2) The Tribunal may reject the whole or part of any employer’s contract claim on the ground that—
(a) it has no jurisdiction, or
(b) it does not contain any grounds on which the respondent relies, cannot sensibly be responded to or is an abuse of process.
(3) Where the Tribunal rejects an employer’s contract claim, rule 14 (reconsideration of rejection of claim) applies except that—
(a) references to a claimant or a claim must be read as a reference to a respondent or to an employer’s contract claim respectively,
(b) reference to rule 12 is to be read as a reference to rule 24, and
(c) reference to rule 13 is to be ignored.
When the Tribunal sends a copy of the response form to the other parties in accordance with rule 23 (notification of acceptance) it must notify the claimant that the response includes an employer’s contract claim and include information on how the claimant may submit a reply, the time limit for doing so, and what will happen if the Tribunal does not receive a reply in time.
(1) A claimant who wishes to reply to an employer’s contract claim must send their reply so that it is received by the Tribunal within 28 days of the date that a copy of the response form was sent to the claimant.
(2) If the Tribunal does not receive a reply by the end of the period specified in paragraph (1), rules 21 (applications for extension of time for presenting response) and 22 (effect of non-presentation or rejection of response, or case not contested) apply except that—
(a) references to a respondent or a response must be read as a reference to a claimant or a reply, respectively,
(b) references to a claimant must be read as a reference to a respondent, and
(c) reference to rule 17(1) must be read as a reference to rule 26(1).
(2A) But the Tribunal may order a departure from rule 22 if—
(a) the Tribunal does not receive a reply by the end of the period specified in paragraph (1), and
(b) it considers it in the interests of justice to do so.
(3) Where the Tribunal accepts the reply it must send a copy of the reply to all other parties.
(1) As soon as possible after the acceptance of the response or reply, the Tribunal must consider all of the documents held by it in relation to the claim, to confirm whether there are arguable complaints and defences within its jurisdiction (and for that purpose may order any party to provide further information).
(2) Unless paragraph (3) applies, the Tribunal conducting initial consideration of the claim may propose judicial mediation or other forms of dispute resolution.
(3) This paragraph applies where—
(a) notice is given under rule 28 (dismissal of claim) or 29 (dismissal of response or reply), or
(b) the Tribunal has already made a case management order.
(1) If the Tribunal considers either that it has no jurisdiction to consider the claim, or part of it, or that the claim, or part of it, has no reasonable prospect of success, it must send a notice to the parties—
(a) setting out the Tribunal’s view and the reasons for it, and
(b) ordering that the claim, or the part of it, is to be dismissed on such date as is specified in the notice unless before that date the Tribunal has received written representations from the party advancing the claim explaining why the claim, or part of it, should not be dismissed.
(2) If the Tribunal has not received written representations before the date specified in the notice under paragraph (1)(b), the claim is dismissed without further order and the Tribunal must write to the parties to confirm what has occurred.
(3) If the Tribunal receives written representations before the date specified under paragraph (1)(b), the written representations must be considered by the Tribunal, who must either permit the claim, or part of it, to proceed or fix a hearing for the purpose of deciding whether it should permit the claim, or part of it, to do so. The party responding or replying to that claim may, but need not, attend and participate in the hearing.
(4) If the claim or any part of it is permitted to proceed, the Tribunal must make a case management order.
(1) If the Tribunal considers that the response or reply, or part of it, does not contain any grounds on which the person advancing the response or reply relies or has no reasonable prospect of success the Tribunal must send a notice to the parties—
(a) setting out the Tribunal’s view and the reasons for it,
(b) ordering that the response or reply, or part of it, is dismissed on such date as is specified in the notice unless before that date the Tribunal has received written representations from the party advancing the response or reply explaining why the response or reply, or part of it, should not be dismissed, and
(c) specifying the consequences of the dismissal of the response or reply, in accordance with paragraph (5).
(2) If the Tribunal has not received written representations before the date specified in the notice under paragraph (1)(b), the response or reply is dismissed without further order, and the Tribunal must write to the parties to confirm what has occurred.
(3) If the Tribunal receives written representations before the date specified in the notice under paragraph (1)(b), the written representations must be considered by the Tribunal, who must either permit the response or reply, or part of it, to stand or fix a hearing for the purpose of deciding whether it should permit the response or reply to stand. The party advancing the claim to which the response or reply relates may, but need not, attend and participate in the hearing.
(4) If the response or reply, or any part of it, is permitted to stand, the Tribunal must make a case management order.
(5) Where a response is dismissed, the effect is as if no response had been presented and rule 22 (effect of non-presentation or rejection of response, or case not contested) applies.
(6) Where a reply is dismissed, the effect is as if no reply had been presented and rule 22 applies, as modified by rule 26(2) (replying to an employer’s contract claim).
(1) Subject to rule 32(2) and (3) (postponements), the Tribunal may, on its own initiative or on the application of a party, make a case management order.
(2) The particular powers identified in these Rules do not restrict that general power.
(3) A case management order may vary, suspend or set aside an earlier case management order where that is necessary in the interests of justice, and in particular where a party affected by the earlier order did not have a reasonable opportunity to make representations before it was made.
(4) The Tribunal may direct a party to provide a draft of a case management order to the Tribunal or another party.
(1) A party may apply for a case management order at a hearing or by sending a written application to the Tribunal.
(2) Where a party makes a written application under paragraph (1) they must notify the other parties that any objections to the application should be sent to the Tribunal as soon as possible.
(3) The Tribunal may deal with an application made under paragraph (1) in writing or order that it be dealt with at a preliminary hearing or final hearing.
(1) An application by a party for a postponement must be received by the Tribunal as soon as possible after the need for a postponement becomes known.
(2) In the circumstances listed in paragraph (3) the Tribunal may only order a postponement where—
(a) all other parties consent, and—
(i) it is practicable and appropriate for the purposes of giving the parties the opportunity to resolve their disputes by agreement, or
(ii) it is otherwise in accordance with the overriding objective,
(b) the application was necessitated by an act or omission of another party or the Tribunal, or
(c) there are exceptional circumstances.
(3) The circumstances are—
(a) a party makes an application for a postponement less than 7 days before the date on which the hearing begins, or
(b) the Tribunal has ordered two or more postponements in the same proceedings on the application of the same party and that party makes an application for a further postponement.
(4) In this rule—
(a) “postponement” means a postponement of a hearing including any adjournment which causes the hearing to be held or continued at a later date;
(b) “exceptional circumstances” may include ill health relating to an existing long term health condition or disability.
The Tribunal may order any person in Great Britain to disclose documents or information to a party (by providing copies or otherwise) or to allow a party to inspect such material as might be ordered by the county court or, in Scotland, by a sheriff.
(1) The Tribunal may order any person in Great Britain to attend a hearing to give evidence, produce documents, or provide information.
(2) Where an order is made under this rule, the Tribunal must notify the parties in writing that the order has been made, and the name of the person required to attend the hearing.
(1) The Tribunal may on its own initiative, or on the application of a party or any other person wishing to become a party, add any person as a party, by way of substitution or otherwise, if it appears that there are issues between that person and any of the existing parties falling within the jurisdiction of the Tribunal which it is in the interests of justice to have determined in the proceedings.
(2) The Tribunal may on its own initiative, or on the application of a party, remove any party that appears to have been wrongly included.
The Tribunal may permit any person to participate in proceedings, on such terms as may be specified, in respect of any matter in which the Tribunal considers that that person has a legitimate interest.
(1) Where the Tribunal considers that two or more claims give rise to common or related issues of fact or law, the Tribunal may make an order specifying one or more of those claims as a lead case and staying, or in Scotland sisting, the other claims (“the related cases”).
(2) When the Tribunal makes a decision in respect of the common or related issues it must send a copy of that decision to each party in each of the related cases and, subject to paragraph (3), that decision is binding on each of those parties.
(3) Within 28 days after the date on which the Tribunal sends a copy of the decision to a party under paragraph (2), that party may apply in writing for an order that the decision does not apply to, and is not binding on the parties to, a particular related case.
(4) If a lead case is withdrawn before the Tribunal makes a decision in respect of the common or related issues, it must make an order as to—
(a) whether another claim is to be specified as a lead case, and
(b) whether any order affecting the related cases should be set aside or varied.
(1) The Tribunal may, on its own initiative or on the application of a party, strike out all or part of a claim, response or reply on any of the following grounds—
(a) that it is scandalous or vexatious or has no reasonable prospect of success;
(b) that the manner in which the proceedings have been conducted by or on behalf of the claimant or the respondent (as the case may be) has been scandalous, unreasonable or vexatious;
(c) for non-compliance with any of these Rules or with an order of the Tribunal;
(d) that it has not been actively pursued;
(e) that the Tribunal considers that it is no longer possible to have a fair hearing in respect of the claim, response or reply (or the part to be struck out).
(2) A claim, response or reply may not be struck out unless the party advancing it has been given a reasonable opportunity to make representations, either in writing or, if requested by the party, at a hearing.
(3) Where a response is struck out, the effect is as if no response had been presented, as set out in rule 22 (effect of non-presentation or rejection of response, or case not contested).
(4) Where a reply is struck out, the effect is as if no reply had been presented, as set out in rule 22, as modified by rule 26(2) (replying to an employer’s contract claim).
(1) An order may specify that if it is not complied with by the date specified the claim, response or reply, or part of it, must be dismissed without further order. If a claim, response or reply, or part of it, is dismissed on this basis the Tribunal must give written notice to the parties confirming what has occurred.
(2) A party whose claim, response or reply has been dismissed, in whole or in part, under this rule may apply to the Tribunal in writing, within 14 days of the date that the notice was sent under paragraph (1), to have the order set aside on the basis that it is in the interests of justice to do so.
(3) Unless an application under paragraph (2) includes a request for a hearing, the Tribunal may determine it on the basis of written representations.
(4) Where a response is dismissed under this rule, the effect is as if no response had been presented, as set out in rule 22 (effect of non-presentation or rejection of response, or case not contested).
(5) Where a reply is dismissed under this rule, the effect is as if no reply had been presented, as set out in rule 22, as modified by rule 26(2) (replying to an employer’s contract claim).