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[^f00001], paragraph 37 of Schedule 6 to the Scotland Act 1998[^f00002], and paragraph 32 of Schedule 9 to the Government of Wales Act 2006[^f00003], 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[^f00004].

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[^f00005].

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[^f00006] and paragraph 28A(2) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007[^f00007].

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.

Part 1 — Introduction and general provisions

Citation, commencement, application and extent

1

• (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[^f00008] 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.

Interpretation

2

• (1) In these Rules—

• “2013 Regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[^f00009];

• “ACAS” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of the Trade Union and Labour Relations (Consolidation) Act 1992[^f00010];

• “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[^f00011];

• “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[^f00012];

• “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[^f00013];

• “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[^f00014] or articles 3 and 7 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994[^f00015];

• “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[^f00016] and continued in existence under section 135 of the Employment Protection (Consolidation) Act 1978[^f00017] and section 20(1) of the Employment Tribunals Act[^f00018];

• “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[^f00019];

• “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[^f00020];

• “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, oris 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[^f00021];

• “presiding member” means—where the Tribunal is composed of a single member, the Employment Judge[^f00022] presiding in accordance with regulation 5(1) of the Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024[^f00023];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[^f00024];

• “Register” means the register of judgments and written reasons kept in accordance with regulation 14(1) of the 2013 Regulations[^f00025];

• “relevant proceedings” means those proceedings listed in section 18(1) of the Employment Tribunals Act[^f00026];

• “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.

Overriding objective

3

• (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.

Alternative dispute resolution

4

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)..

Time

5

• (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[^f00027].

Irregularities and non-compliance

6

• (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.

Delegation to staff

7

• (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)[^f00028] may, if authorised by the Senior President of Tribunals under paragraph 2(3) of Schedule A1 to the Employment Tribunals Act[^f00029], 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.

Presidential Guidance

8

• (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.

Prescribed forms

9

• (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—