Employment Tribunal Rules

employment tribunal rules of procedure

The employment tribunal’s rules of procedure are governed by Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237) which contains the rules governing employment tribunal procedure, as well as the powers and discretion of employment tribunal judges to administer and hear proceedings.

employment tribunal rules

The rules governing how cases are managed in employment tribunals, from filing a claim to what occurs at a hearing, are outlined in guidance that covers a variety of topics, such as filing and responding to a claim, case management orders, hearings, and the tribunal's decision. These rules deal with with how the case is conducted and includes:

• starting a claim

• responding to a claim

• contract claims

• case management orders

• hearings

• withdrawing cases

• the tribunal’s decision

• costs orders

• delivering documents

Rule 2

The overriding objective of these Rules is to enable Employment Tribunals to deal with cases fairly and justly. Dealing with a case fairly and justly includes, so far as practicable—

(a) ensuring that the parties are on an equal footing;

(b) dealing with cases in ways which are proportionate to the complexity and importance of the issues;

(c) avoiding unnecessary formality and seeking flexibility in the proceedings;

(d) avoiding delay, so far as compatible with proper consideration of the issues; and

(e) saving expense.

Rule 21

In the employment tribunal, what exactly is Rule 21? Rule 21 of the rules of the employment tribunal states that a judge may evaluate whether, based on the information that is available to them, they can make a decision on all or part of the claim. This occurs most commonly when a response to the claim has not been received.

Rule 50

A tribunal may, at any stage of the proceedings, on its own initiative or in response to an application, make an order to prevent or restrict the public disclosure of any aspect of the proceedings if it deems it necessary in the interest of justice.

Rule 52

Under rule 52, a judgement dismissing a claim on withdrawal must be issued unless, at the time of withdrawal, the claimant indicated a desire to retain the right to file a subsequent claim.

Rule 92

When a party transmits a communication to the Tribunal (other than an application under Rule 32), it must send a copy to all other parties and indicate that it has done so (via "cc" or other means). The Tribunal may order a deviation from this rule if it deems it to be in the best interests of justice.

New ET rules of procedure in force from 6 January 2025

Commencing 6 January 2025, employment law practitioners must familiarise themselves with a revised set of employment tribunal regulations. The procedural regulations delineated in Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 (Old Rules) will be supplanted by the newly established, yet only marginally altered, Employment Tribunal Procedure Rules 2024 (New Rules).

The Old Rules are essentially duplicated in the New Rules. However, the numbering of several important provisions has changed as a result of the removal of some unnecessary clauses. For instance:

Rule 8

In the Old Rules (presenting a claim) is Rule 10 in the New Rules

Rule 16

In the Old Rules (response) is Rule 17 in the New Rules

Rule 30

In the Old Rules (applications for case management orders) is Rule 31 in the New Rules

Rule 37

In the Old Rules (striking out) is Rule 38 in the New Rules.

There are a few substantive changes, largely confined to matters of the tribunal’s own governance, for example:

Rule 7

the inclusion of a power of the tribunal to delegate functions of a judicial nature to legal officers; and

Rules 59 and 60

An acknowledgement that judgments and written reasons no longer need to be signed by the tribunal judge but can be approved by the presiding member.

Comment

Practitioners should acquaint themselves with the New Rules and make sure that they reference the correct provision numbers when making any applications. Standard letters may need to be amended.