Employment Tribunals Act 1996

• Citation: 1996 c. 17
• Sections: 134

Section 1 Employment tribunals

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

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

Section 2 Enactments conferring jurisdiction on employment tribunals .

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

Section 3 Power to confer further jurisdiction on employment tribunals .

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

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

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

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

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

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

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

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

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

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

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

(5) In this section—

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

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

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

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

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

(c) a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

Section 3A Meaning of “Employment Judge”

A person who is a member of a panel of Employment Judges which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.

Section 4 Composition of tribunals.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) the parties to the case agree, and

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

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

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

(12) In this section—

“ President of Employment Tribunals ”—

in relation to employment tribunals in England and Wales, means the President of Employment Tribunals (England and Wales), and

in relation to employment tribunals in Scotland, means the President of Employment Tribunals (Scotland);

“ qualification ” includes experience.

Section 5 Remuneration, fees and allowances.

(1) The Lord Chancellor may pay to—

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

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

(c) any person who is an Employment Judge on a full-time basis, and

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

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

(2) The Lord Chancellor may pay to—

(a) members of employment tribunals ,

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

(c) any persons required for the purposes of section 131(2) of the Equality Act 2010 to prepare reports,

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

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

Section 5A Training etc.

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 members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of Employment Judges ).

Section 5B Members of employment tribunals: removal from office

(1) Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(2) Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

(3) Any power by which a member of a panel may be removed from membership of the panel—

(a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b) may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(4) In subsection (3) “ panel ” means—

(a) a panel of Employment Judges , or

(b) any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

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

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

Section 5C Oaths

(1) Subsection (2) applies to a person (“ the appointee ”)—

(a) who is appointed—

(i) as President of the Employment Tribunals (England and Wales),

(ii) as President of the Employment Tribunals (Scotland), or

(iii) as a member of a panel (as defined in section 5B(4)), and

(b) who 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 President or panel member 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.

Section 5D Judicial assistance

(1) Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

(2) The provision has effect only if—

(a) the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

(b) its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

(c) its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

(d) its operation as respects a particular relevant judge requires—

(i) the consent of the relevant judge, and

(ii) the appropriate consent (see subsection (3)) except where the relevant judge is the Lord Chief Justice of England and Wales , and

(e) it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of Employment Judges .

(3) In subsection (2)(d)(ii) “ the appropriate consent ” means—

(a) the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

(i) the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales,

(ia) within subsection (4)(b)(ia),

(ii) a puisne judge of the High Court in England and Wales,

(iii) a circuit judge,

(iv) a district judge in England and Wales, ...

(v) a District Judge (Magistrates' Courts); , or

(vi) within subsection (4)(b)(x) to (xvi);

(b) the consent of the Lord President of the Court of Session where the relevant judge is—

(i) a judge of the Court of Session, or

(ii) a sheriff;

(c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

(i) a Lord Justice of Appeal in Northern Ireland,

(ii) a puisne judge of the High Court in Northern Ireland,

(iii) a county court judge in Northern Ireland, or

(iv) a district judge in Northern Ireland.

(4) In this section—

(a) “ relevant tribunal judge ” means—

(i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii) a transferred-in judge of the First-tier Tribunal,

(iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv) a transferred-in judge of the Upper Tribunal,

(v) a deputy judge of the Upper Tribunal, ...

(vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v); , or

(vii) is the Senior President of Tribunals;

(b) “ relevant judge ” means a person who—

(i) is the Lord Chief Justice of England and Wales, the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(ia) is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,

(ii) is a Lord Justice of Appeal in Northern Ireland,

(iii) is a judge of the Court of Session,

(iv) is a puisne judge of the High Court in England and Wales or Northern Ireland,

(v) is a circuit judge,

(vi) is a sheriff in Scotland,

(vii) is a county court judge in Northern Ireland,

(viii) is a district judge in England and Wales or Northern Ireland, ...

(ix) is a District Judge (Magistrates' Courts).

(x) is a deputy judge of the High Court in England and Wales,

(xi) is a Recorder,

(xii) is a Deputy District Judge (Magistrates' Courts),

(xiii) is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981,

(xiv) holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc ),

(xv) holds an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc ), or

(xvi) is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(5) References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.

Section 6 Conduct of hearings.

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

(a) counsel or a solicitor,

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

(c) any other person whom he desires to represent him.

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

Section 7 Practice and procedure: general

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

Section 7A Practice directions

(A1) The Senior President of Tribunals may make directions about the practice and procedure of employment tribunals.

(1) The territorial President may make directions about the practice and procedure of employment tribunals.

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

(2A) The powers under subsections (A1) and (1) include —

(a) power to vary or revoke directions made in exercise of the power, and

(b) power to make different provision for different purposes (including different provision for different areas).

(2B) Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C) Directions under subsection (1) may not be made without the approval of—

(a) the Senior President of Tribunals, and

(b) the Lord Chancellor.

(2D) Subsections (2B) and (2C)(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 an employment tribunal.

(2E) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.

(3) In this section, references to the territorial President are to a person appointed in accordance with regulations under section 1(1) as—

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

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

Section 7B Mediation

(A1) A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

(a) mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

(b) where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

(1) Practice directions under section 7A may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2) The provision that may be made by virtue of subsection (1) includes provision for ... a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3) Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5) Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult ACAS .

(6) In this section—

“ member ” means a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges );

“ practice direction ” means a direction under section 7A;

“ proceedings ” means proceedings before an employment tribunal.

Section 8 Procedure in contract cases.

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

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

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

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

(b) modifying any other enactment.

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

Section 9 Preliminary hearings .

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

(2) Such Rules may in particular include provision—

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

(i) continuing to participate in those proceedings, or

(ii) pursuing any specified allegations or arguments , and

(b) for prescribing—

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

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

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

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

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

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

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

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

Section 10 National security.

(1) If on a complaint under—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) is Crown employment, or

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

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

(a) a Regional Chairman,

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

(c) President of the Employment Tribunals (Scotland).

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

Section 10A Confidential information.

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

Section 10B Restriction of publicity in cases involving national security.

(1) This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)—

(a) to take steps to conceal the identity of a particular witness, or

(b) to take steps to keep secret all or part of the reasons for its decision.

(2) It is an offence to publish—

(a) anything likely to lead to the identification of the witness, or

(b) the reasons for the tribunal’s decision or the part of its reasons which it is directed or has determined to keep secret.

(3) A person guilty of an offence under this section is 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 this section 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 in question was of, or included, the matter in question.

(5) Where an offence under this section 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) A reference in this section to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the Broadcasting Act 1990.

Section 11 Restriction of publicity in cases involving sexual misconduct.

(1) Procedure Rules may include provision—

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

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

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

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

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

(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.

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

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

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

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

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

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

(6) In this section—

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

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

“ restricted reporting order ” means an order—

made in exercise of a power conferred by Procedure Rules of the kind mentioned in subsection (1)(b) , and

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,

“ 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.

Section 12 Restriction of publicity in disability cases.

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

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

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

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

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

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

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

(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) In this section—

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

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

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

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

“ restricted reporting order ” means an order—

made in exercise of a power conferred by Procedure Rules of the kind mentioned in subsection (2)(a) , and

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

“ 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.

Section 12A Financial penalties

(1) Where an employment tribunal determining a claim involving an employer and a worker—

(a) concludes that the employer has breached any of the worker's rights to which the claim relates, and

(b) is of the opinion that the breach has one or more aggravating features,

the tribunal may order the employer to pay a penalty to the Secretary of State (whether or not it also makes a financial award against the employer on the claim).

(2) The tribunal shall have regard to an employer's ability to pay—

(a) in deciding whether to order the employer to pay a penalty under this section;

(b) (subject to subsections (3) to (7)) in deciding the amount of a penalty.

(3) The amount of a penalty under this section shall be—

(a) at least £100;

(b) no more than £20,000.

This subsection does not apply where subsection (5) or (7) applies.

(4) Subsection (5) applies where an employment tribunal—

(a) makes a financial award against an employer on a claim, and

(b) also orders the employer to pay a penalty under this section in respect of the claim.

(5) In such a case, the amount of the penalty under this section shall be 50% of the amount of the award, except that—

(a) if the amount of the financial award is less than £200, the amount of the penalty shall be £100;

(b) if the amount of the financial award is more than £40,000, the amount of the penalty shall be £20,000.

(6) Subsection (7) applies, instead of subsection (5), where an employment tribunal—

(a) considers together two or more claims involving different workers but the same employer, and

(b) orders the employer to pay a penalty under this section in respect of any of those claims.

(7) In such a case—

(a) the amount of the penalties in total shall be at least £100;

(b) the amount of a penalty in respect of a particular claim shall be—

(i) no more than £20,000, and

(ii) where the tribunal makes a financial award against the employer on the claim, no more than 50% of the amount of the award.

But where the tribunal makes a financial award on any of the claims and the amount awarded is less than £200 in total, the amount of the penalties in total shall be £100 (and paragraphs (a) and (b) shall not apply).

(8) Two or more claims in respect of the same act and the same worker shall be treated as a single claim for the purposes of this section.

(9) Subsection (5) or (7) does not require or permit an order under subsection (1) (or a failure to make such an order) to be reconsidered or reviewed where the tribunal subsequently awards compensation under—

(a) section 140(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (failure to comply with tribunal's recommendation),

(b) section 117 of the Employment Rights Act 1996 (failure to reinstate etc. ),

(c) section 124(7) of the Equality Act 2010 (failure to comply with tribunal's recommendation), or

(d) any other provision empowering the tribunal to award compensation, or further compensation, for a failure to comply (or to comply fully) with an order or recommendation of the tribunal.

(10) An employer's liability to pay a penalty under this section is discharged if 50% of the amount of the penalty is paid no later than 21 days after the day on which notice of the decision to impose the penalty is sent to the employer.

(11) In this section—

“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;

“ employer ” has the same meaning as in Part 4A of the Employment Rights Act 1996, and also—

in relation to an individual seeking to be employed by a person as a worker, includes that person;

in relation to a right conferred by section 47A or 63A of the Employment Rights Act 1996 (right to time off for young person for study or training), includes the principal within the meaning of section 63A(3) of that Act;

in relation to a right conferred by the Agency Workers Regulations 2010 ( S.I. 2010/93), includes the hirer within the meaning of those Regulations and (where the worker is not actually employed by the temporary work agency) the temporary work agency within that meaning;

“ financial award ” means an award of a sum of money, but does not including anything payable by virtue of section 13;

“ worker ” has the same meaning as in Part 4A of the Employment Rights Act 1996, and also includes an individual seeking to be employed by a person as a worker.

(12) The Secretary of State may by order—

(a) amend subsection (3), (5) or (7) by substituting a different amount;

(b) amend subsection (5), (7) or (10) by substituting a different percentage;

(c) amend this section so as to alter the meaning of “claim”.

(12A) Any provision that could be made by an order under subsection (12) may instead—

(a) in the case of provision that could be made under paragraph (a) or (b) of that subsection, be included in regulations under section 37N;

(b) in the case of provision that could be made under paragraph (c) of that subsection, be included in regulations under section 37Q.

(13) The Secretary of State shall pay sums received under this section into the Consolidated Fund.

Section 13 Costs and expenses.

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

(a) costs or expenses;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) “ postponement ” includes adjournment.

Section 13A Payments in respect of preparation time

(1) Procedure Rules may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.

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

(2A) If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the Rules .

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

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

(b) “ postponement ” includes adjournment.

(3) If Procedure Rules include—

(a) provision of the kind mentioned in subsection (1), and

(b) provision for the award of costs or expenses ,

they shall also , subject to subsection (4), include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.

(4) Subsection (3) does not require Procedure Rules to include provision to prevent an employment tribunal from making—

(a) an order of the kind mentioned in subsection (1), and

(b) an award of costs or expenses that is limited to witnesses' expenses.

Section 14 Interest.

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

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

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

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

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

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

(d) to provide that any enactment—

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

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

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

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

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

Section 15 Enforcement.

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

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

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

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

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

Section 16 Power to provide for recoupment of benefits.

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

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

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

(c) payments by employers to employees under—

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

(ii) section 93, or

(iii) Part X,

of the Employment Rights Act 1996, ...

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

(da) payments under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996,

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

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

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

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

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

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

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

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

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

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

(4) Regulations under this section may be framed—

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

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

(5) Regulations under this section may—

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

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

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

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

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

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

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

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

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

(7) In the application of this section to payments which are the subject of proceedings under Chapter 2, 3 or 4 of Part 2A of the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Chapter 2 of that Part, and which are compensation for loss of wages (see subsection (1)(a))—

(a) references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part;

(b) references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.

(8) In the application of this section to payments which are the subject of proceedings under Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of that Schedule, and which are compensation for loss of wages (see subsection (1)(a))—

(a) references to an employer are to be read as if they were references to a hirer or (as the case may be) a work-finding agency within the meaning of the relevant Part of that Schedule;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.

(9) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47H of that Act—

(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.

(10) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47I of that Act—

(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.

(11) In the application of this section to payments under section 27BP(1) of the Employment Rights Act 1996 (see subsection (1)(da))—

(a) references to an employer are to be read as if they were references to an employer within the meaning of Chapter 4 of Part 2A of that Act;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that Chapter.

(12) In the application of this section to payments under paragraph 22(1) of Schedule A1 to the Employment Rights Act 1996 (see subsection (1)(da))—

(a) references to an employer are to be read as if they were references to a work-finding agency within the meaning of Part 2A of that Act;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of that Part.

Section 17 Recoupment: further provisions.

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

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

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

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

(3) In section 16—

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

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

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

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

Section 18 Conciliation : relevant proceedings etc. .

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

(a) under section 66, 68A, 70C, 87, 137, 138, 145A, 145B, 146, 168, 168A, 168B, 169, 170, 174, 189 , 192 or 236A of, or paragraph 156 of Schedule A1 to, the Trade Union and Labour Relations (Consolidation) Act 1992,

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

(c) under section 11, 19D(1)(a) or 24 of the National Minimum Wage Act 1998,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 18A Requirement to contact ACAS before instituting proceedings

(1) Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter.

This is subject to subsection (7).

(2) On receiving the prescribed information in the prescribed manner, ACAS shall send a copy of it to a conciliation officer.

(3) The conciliation officer shall, during the prescribed period, endeavour to promote a settlement between the persons who would be parties to the proceedings.

(4) If—

(a) during the prescribed period the conciliation officer concludes that a settlement is not possible, or

(b) the prescribed period expires without a settlement having been reached,

the conciliation officer shall issue a certificate to that effect, in the prescribed manner, to the prospective claimant.

(5) The conciliation officer may continue to endeavour to promote a settlement after the expiry of the prescribed period.

(6) In subsections (3) to (5) “ settlement ” means a settlement that avoids proceedings being instituted.

(7) A person may institute relevant proceedings without complying with the requirement in subsection (1) in prescribed cases.

The cases that may be prescribed include (in particular)—

cases where the requirement is complied with by another person instituting relevant proceedings relating to the same matter;

cases where proceedings that are not relevant proceedings are instituted by means of the same form as proceedings that are;

cases where section 18B applies because ACAS has been contacted by a person against whom relevant proceedings are being instituted.

(8) A person who is subject to the requirement in subsection (1) may not present an application to institute relevant proceedings without a certificate under subsection (4).

(9) Where a conciliation officer acts under this section in a case where the prospective claimant has ceased to be employed by the employer and the proposed proceedings are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular—

(a) seek to promote the reinstatement or re-engagement of the prospective claimant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b) where the prospective claimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the prospective claimant.

(10) In subsections (1) to (7) “ prescribed ” means prescribed in regulations made by the Secretary of State .

(11) The Secretary of State may by ... regulations make such further provision as appears to the Secretary of State to be necessary or expedient with respect to the conciliation process provided for by subsections (1) to (8).

(12) The regulations may (in particular) make provision—

(a) authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by the regulations to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4);

(b) requiring ACAS to give a person any necessary assistance to comply with the requirement in subsection (1);

(c) for the extension of the period prescribed for the purposes of subsection (3);

(d) treating the requirement in subsection (1) as complied with, for the purposes of any provision extending the time limit for instituting relevant proceedings, by a person who is relieved of that requirement by virtue of subsection (7)(a).

Section 18B Conciliation before institution of proceedings: other ACAS duties

(1) This section applies where—

(a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings against that person, and

(b) ACAS has not received information from the prospective claimant under section 18A(1).

(2) This section also applies where—

(a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings by that person, and

(b) the requirement in section 18A(1) would apply to that person but for section 18A(7).

(3) Where this section applies a conciliation officer shall endeavour to promote a settlement between the persons who would be parties to the proceedings.

(4) If at any time—

(a) the conciliation officer concludes that a settlement is not possible, or

(b) a conciliation officer comes under the duty in section 18A(3) to promote a settlement between the persons who would be parties to the proceedings,

the duty in subsection (3) ceases to apply at that time.

(5) In subsections (3) and (4) “ settlement ” means a settlement that avoids proceedings being instituted.

(6) Subsection (9) of section 18A applies for the purposes of this section as it applies for the purposes of that section.

Section 18C Conciliation after institution of proceedings

(1) Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement—

(a) if requested to do so by the person by whom and the person against whom the proceedings are brought, or

(b) if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success.

(2) Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular—

(a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

(3) In subsection (1) “ settlement ” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.

Section 19 Conciliation procedure.

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

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

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

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 19A Conciliation: recovery of sums payable under settlements

(1) Subsections (3) to (6) apply if—

(a) a conciliation officer—

(i) has taken action under any of sections 18A to 18C in a case, and

(ii) issues a certificate in writing stating that a settlement has been reached in the case, and

(b) all of the terms of the settlement are set out—

(i) in a single relevant document, or

(ii) in a combination of two or more relevant documents.

(2) A document is a “ relevant document ” for the purposes of subsection (1) if—

(a) it is the certificate, or

(b) it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.

(3) Any sum payable by a person under the terms of the settlement (a “ settlement sum”) shall, subject to subsections (4) to (7), be recoverable—

(a) in England and Wales, by execution issued from the county court or otherwise as if the sum were payable under an order of that court;

(b) in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) A settlement sum is not recoverable under subsection (3) if—

(a) the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and

(b) that declaration is made.

(5) If rules of court so provide, a settlement sum is not recoverable under subsection (3) during the period—

(a) beginning with the issue of the certificate, and

(b) ending at such time as may be specified in, or determined under, rules of court.

(6) If the terms of the settlement provide for the person to whom a settlement sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—

(a) in England and Wales, only if the county court so orders;

(b) in Scotland, only if the sheriff so orders.

(7) Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.

(8) An application for a declaration under subsection (4) may be made to an employment tribunal, the county court or the sheriff.

(9) Procedure Rules may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.

(10) Rules of court may make provision as to—

(a) the time within which an application to the county court for a declaration under subsection (4) is to be made;

(b) the time within which an application to the sheriff for a declaration under subsection (4) is to be made;

(c) when an application (whether made to the county court , the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).

(10A) A term of any document which is a relevant document for the purposes of subsection (1) is void to the extent that it purports to prevent the disclosure of any provision of any such document to a person appointed or authorised to act under section 37M.

(11) Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.

(12) In this section “ settlement ” (except in the phrase “ settlement sum”) means a settlement ... to avoid proceedings or bring proceedings to an end.

Section 20 The Appeal Tribunal.

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

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

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

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

Section 21 Jurisdiction of Appeal Tribunal.

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

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

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

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(f) the Employment Rights Act 1996 . . .

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

(g) this Act,

(ga) the National Minimum Wage Act 1998,

(gb) the Employment Relations Act 1999,

(gc) the Equality Act 2006,

(gd) the Pensions Act 2008,

(ge) the Equality Act 2010,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(y) the Agency Workers Regulations 2010. , or

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

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

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

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

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

(b) this Act, or

(c) any other Act.

Section 22 Membership of Appeal Tribunal.

(1) The Appeal Tribunal shall consist of—

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

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

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

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

(a) as representatives of employers, or

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

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

(a) is the Senior President of Tribunals,

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

(c) is the Judge Advocate General,

(d) is a Circuit judge,

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

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

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

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

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

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

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

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

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

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

(a) he has consulted the Lord Chancellor, and

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

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

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

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

Section 23 Temporary membership.

(1) At any time when—

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

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

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

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

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

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

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

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

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

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

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

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

Section 24 Temporary additional judicial membership.

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

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

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

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

(1B) An appointment under this section is—

(a) for such period, or

(b) on such occasions,

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

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

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

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

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

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

Section 24A Training etc. of members of Appeal Tribunal

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).

Section 24B Oaths

(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.

Section 25 Tenure of appointed members.

(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.

Section 26 Staff.

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

Section 27 Remuneration, pensions and allowances.

(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.

Section 28 Composition of Appeal Tribunal.

(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.

Section 29 Conduct of hearings.

(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.

Section 29A Practice directions

(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).

Section 30 Appeal Tribunal procedure rules.

(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.

Section 31 Restriction of publicity in cases involving sexual misconduct.

(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.

Section 32 Restriction of publicity in disability cases.

(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.