The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012

• Citation: S.I. 2012/468
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012 and shall come into force on 6th April 2012.

Section 2 Amendment of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

(1) Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 is amended as follows.

(2) In rule 20(1) for “£500” insert “£1,000”.

(3) In rule 27 renumber paragraph (2) as paragraph (1) and after that paragraph insert—

(2) Where a witness is called to give oral evidence, any witness statement of that person shall stand as that witness’s evidence in chief unless the tribunal or Employment Judge orders otherwise.

(4) At the end of rule 38(1) insert—

(c) the paying party make a payment to a witness in respect of some or all of the expenses that witness incurs for the purposes of, or in connection with, that witness’s attendance at the tribunal.

(5) In rule 38(2) for “40” substitute “40(1) to (4)”.

(6) In rule 38(3), after “party” insert “, including sums paid pursuant to an order under paragraph (1)(c)”.

(7) At the end of rule 40 insert—

(5) A tribunal or Employment Judge may make a costs order where a witness attends to give oral evidence at a hearing.

(8) In rules 41(1)(a), 41(3) and 45(2) for “£10,000” substitute “£20,000”.

(9) At the end of rule 61 insert—

(10) Paragraph (8) shall not apply in any proceedings where—

(a) a Minister of the Crown has given a direction, or a tribunal or an Employment Judge has made an order, under rule 54 in those proceedings; and

(b) either the Security Service, the Secret Intelligence Service or the Government Communications Headquarters is a party to those proceedings.

Section 3 Transitional provision

Regulation 2 shall not have effect in relation to a claim which is presented to an Employment Tribunal Office on or before 5th April 2012.