Understanding the Employment Tribunal Procedure Rules 2024

Employment tribunals were established to offer a swift, informal, and affordable forum for resolving employment disputes, accessible to both employees and employers. This webpage provides an overview of the key aspects of practice and procedure within these tribunals, as governed by the Employment Tribunal Procedure Rules 2024.

Legal Framework

The primary rules governing practice and procedure in employment tribunals are the Employment Tribunal Procedure Rules 2024 (SI 2024/1155). These rules came into force on 6 January 2025, replacing the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

The Presidents of the Employment Tribunals for England/Wales and Scotland have the authority to issue, vary, or revoke practice directions and presidential guidance. While tribunals must have regard to this guidance, they are not bound by it.

Overriding Objective

The overriding objective of the Employment Tribunal Procedure Rules 2024 is to enable the Tribunal to deal with cases fairly and justly. This includes, where practicable, ensuring:

• Parties are on an equal footing.

• Cases are dealt with proportionally to their complexity and importance.

• Unnecessary formality is avoided, and flexibility is sought.

• Delay is avoided, consistent with proper consideration of issues.

• Expense is saved.

Both the Tribunal and the parties (and their representatives) must assist in furthering this objective and cooperate generally with each other and the Tribunal. The Tribunal is also encouraged to promote alternative dispute resolution like ACAS conciliation or judicial mediation.

Jurisdiction

Employment tribunals only have jurisdiction over claims specifically listed in the Employment Tribunals Act 1996.

Territorial Jurisdiction

Claims can be presented in England and Wales if:

• The respondent (or one of them) resides or conducts business there.

• One or more of the alleged acts or omissions took place there.

• The claim involves a contract where work was partly performed in England and Wales.

• The connection giving the Tribunal jurisdiction is at least partly with England and Wales.

Starting a Claim

To initiate proceedings, a claimant must present a claim on a claim form (ET1), completed in accordance with any practice direction. The President may prescribe these forms and specify mandatory information.

Rejection of Claims

The Tribunal must reject a claim if it is not made on a claim form, or if it lacks minimum information such as each claimant's name and address, each respondent's name and address, and either an early conciliation number, confirmation that the claim does not involve relevant proceedings, or confirmation that an early conciliation exemption applies.

Tribunal staff must refer a claim to the Tribunal if it appears to lack jurisdiction, be an abuse of process, or have issues with early conciliation details (e.g., incorrect number or name mismatch). The Tribunal must reject such claims, or parts of them, unless errors are minor and it's in the interests of justice to accept them.

If a claim is rejected, the claimant receives a notice of rejection explaining the reasons and how to apply for reconsideration, either because the decision was wrong or the defect can be rectified.

Responding to a Claim

Once a claim is accepted, the Tribunal sends a copy to each respondent with a notice explaining how to present a response (ET3), the time limit, and the consequences of not responding in time.

Requirements for a Response

A respondent must present a response form (ET3) in accordance with any practice direction. The Tribunal must receive it within 28 days of sending the claim form, unless an extension is granted. The response form must include the respondent's full name, address, and whether they wish to resist any part of the claim.

Rejection of Responses

A response must be rejected if it is not on the prescribed form, lacks the minimum required information, or is received late without a valid extension of time. The respondent will be notified of the rejection and the process for reconsideration.

Effect of Non-Presentation or Rejection

If no response is received, or it's rejected, or the respondent states no part of the claim is contested, the Tribunal must decide if a determination can be made on the available material. A judgment may be issued, or a hearing fixed. The respondent will receive notice of any hearing but may only participate to the extent permitted by the Tribunal.

Initial Consideration (Sift Stage)

After a response or reply is accepted, the Tribunal conducts an initial consideration of all documents to confirm whether there are arguable complaints and defences within its jurisdiction.

Dismissal of Claim, Response, or Reply

If the Tribunal believes it lacks jurisdiction or that a claim, response, or reply (or part of it) has no reasonable prospect of success, it can send a notice to the parties stating its view and reasons. The relevant party is given an opportunity to provide written representations explaining why it should not be dismissed. If no representations are received by the specified date, the claim/response/reply is dismissed without further order. If representations are received, the Tribunal will either permit it to proceed or fix a hearing to decide.

Case Management

Employment judges and tribunals have broad powers to manage cases to a final hearing. These powers include:

• Identifying issues early.

• Making orders for disclosure, witness statements, or witness attendance.

• Imposing a timetable for case preparation.

• Varying, suspending, or setting aside previous orders if necessary in the interests of justice.

The Tribunal will typically issue a case management order or list a preliminary hearing to address these issues after the response is received.

Hearings

Preliminary Hearings

A preliminary hearing is an interim hearing that can be directed by the Tribunal or applied for by a party. Its purposes include:

• Conducting a preliminary consideration of the claim and making case management orders.

• Determining preliminary issues (e.g., jurisdiction, time limits).

• Considering whether to strike out a claim, response, or reply.

• Making deposit orders.

• Exploring settlement or alternative dispute resolution.

Preliminary hearings are generally held in private, unless they involve a determination of a preliminary issue or a strike-out, in which case that part of the hearing must be public.

Deposit Orders

At a preliminary hearing, if an Employment Judge considers an allegation or argument has little reasonable prospect of success, they may order a party to pay a deposit up to £1,000 as a condition of continuing with it. The Tribunal must consider the party's ability to pay. Failure to pay results in the allegation or argument being struck out. If the allegation is decided against the depositor for substantially the same reasons, they are generally treated as having acted unreasonably, and the deposit may be paid to the other party.

Final Hearings

A final hearing is where the Tribunal determines the claim or any outstanding parts. There may be different final hearings for different issues, such as liability, remedy, or costs. Final hearings are generally held in public.

Conduct of Hearings

The Tribunal regulates its own procedure and conducts hearings in a manner it considers fair, aiming to avoid undue formality. It can question parties and witnesses to clarify issues and elicit evidence. The Tribunal is not bound by strict rules of evidence admissibility. Hearings may be conducted in whole or in part by electronic communication, if just and equitable.

Witnesses and Documents

Witness evidence is typically provided in written statements, which serve as evidence-in-chief unless otherwise ordered. Witnesses are required to give oral evidence on oath or affirmation. The Tribunal can order any person in Great Britain to attend to give evidence or produce documents. Parties are generally required to disclose relevant documents to each other.

Postponements and Adjournments

Applications for postponements must be made as soon as the need is known. A postponement (including an adjournment) may only be ordered less than 7 days before the hearing, or after two or more previous postponements for the same party, if:

• All other parties consent AND it is for dispute resolution or in accordance with the overriding objective.

• The application was necessitated by another party's or the Tribunal's act/omission.

• There are exceptional circumstances (e.g., ill health relating to a long-term condition or disability).

Decisions and Reasons

Decisions can be announced at a hearing or reserved to be sent in writing. Decisions are either case management orders or judgments. A judgment is a decision that finally determines a claim (or part) regarding liability, remedy, or costs, or any issue capable of disposing of a claim.

Reasons for Decisions

The Tribunal must give reasons for its decisions on any disputed issue, whether substantive or procedural, including costs orders or reconsideration applications.

• Written decisions must have written reasons.

• For decisions announced orally, reasons can be given orally or reserved in writing.

• If reasons are given orally, written reasons will only be provided if requested by a party at the hearing or in writing within 14 days of the written record of the decision being sent.

• Reasons must be proportionate to the significance of the issue; for non-judgments, they can be very short.

• For judgments, reasons must identify issues, state findings of fact, concisely identify relevant law and its application, and calculate financial awards.

Reconsideration of Judgments

The Tribunal may reconsider any judgment on its own initiative or upon application by a party if it is necessary in the interests of justice to do so. An application for reconsideration must be in writing, received within 14 days of the judgment or written reasons being sent, explaining why it's necessary. If there's no reasonable prospect of the judgment being varied or revoked, the application will be refused.

Costs Orders

Unlike civil courts, costs do not automatically "follow the event" in employment tribunals.

• Costs Order: Payment to a receiving party for costs incurred while represented by a legal or lay representative, or to a witness for attendance expenses.

• Preparation Time Order: Payment to a receiving party for their time spent on the case while not legally represented. An hourly rate of £44 applies, increasing annually.

• Wasted Costs Order: An order against a representative (legal or lay) for costs incurred due to their improper, unreasonable, or negligent act or omission.

The Tribunal must consider making a costs or preparation time order if:

• A party (or representative) acted vexatiously, abusively, disruptively, or otherwise unreasonably in bringing or conducting proceedings.

• Any claim, response, or reply had no reasonable prospect of success.

• A hearing was postponed/adjourned on a party's application made less than 7 days beforehand.

The Tribunal may also make these orders for a breach of any order, rule, or practice direction, or for a postponement/adjournment. When deciding whether to make an order and its amount, the Tribunal may consider the paying party's (or representative's) ability to pay.

Miscellaneous Provisions

• ACAS Conciliation: ACAS conciliation services are available, both mandatory pre-claim and optional after proceedings are issued.

• Withdrawal of Claims: A claim, or part, ends when a party informs the Tribunal of its withdrawal. The Tribunal will usually issue a judgment dismissing it, meaning the same complaint cannot be brought again, unless there's a legitimate reason to reserve that right or it's not in the interests of justice.

• National Security Proceedings: In certain Crown employment proceedings, a Minister can direct, or the Tribunal can order, privacy, exclusion of persons, or witness identity concealment in the interests of national security. A special advocate may be appointed to represent the interests of an excluded person.

• Transfer of Proceedings: Proceedings can be transferred between England and Wales and Scotland, or from a court to the Tribunal, if conditions are met.

• Digital Case Management: The Tribunal utilizes digital platforms like MyHMCTS (for represented parties) and CitizenUI (for litigants-in-person) for submitting documents, reviewing cases, and making applications. A non-digital route remains available.

Recent Reforms

The Employment Tribunal Procedure Rules 2024 became effective on 6 January 2025. These rules transferred responsibility for making procedure rules to the Tribunal Procedure Committee (TPC) and allowed for the delegation of judicial functions to legal case officers.

The TPC has been actively consulting on further changes to the ET Rules. Planned amendments for April 2025 included clarifying information required in claim forms, requiring draft orders from represented parties, and holding case management hearings in public by default. For October 2025, proposals aimed to redraft rules concerning default judgments, strike-out, unless orders, and deposit orders, and introduce a rule for amending claims/responses.

A separate consultation on decisions, judgments, and written reasons closed in October 2024, proposing changes like removing the requirement for employment judges to sign written reasons and allowing "short-form" reasons for judgments to improve efficiency. Further consultations on additional rule changes were issued in March 2025.

These ongoing reforms highlight a continuous effort to refine employment tribunal procedures for enhanced efficiency and clarity.