Industrial Tribunals (Rules of Procedure) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/16 |
1985 No. 16
INDUSTRIAL TRIBUNALS
The Industrial Tribunals (Rules of Procedure) Regulations 19859thJanuary 1985
18thJanuary 1985
1stMarch 1985
ARRANGEMENT OF REGULATIONS AND RULES
REGULATIONS
1. Citation, commencement and revocation.
2. Interpretation.
3. Proceedings of tribunals.
4. Proof of decisions of tribunals.
SCHEDULE 1—RULES OF PROCEDURE
1. Originating application.
2. Action upon receipt of originating application.
3. Appearance by respondent.
4. Power to require further particulars and attendance of witnesses and to grant discovery.
5. Time and place of hearing and appointment of assessor.
6. Pre-hearing assessment.
7. The hearing.
8. Procedure at hearing.
9. Decision of tribunal.
10. Review of tribunal's decision.
11. Costs.
12. Miscellaneous powers of tribunal.
13. Extension of time and directions.
14. Joinder and representative respondents.
15. Consolidation of proceedings.
16. Transfer of proceedings.
17. Notices, etc.
SCHEDULE 2—COMPLEMENTARY RULES OF PROCEDURE
For use only in proceedings involving an equal value claim
4. Power to require further particulars and attendance of witnesses and to grant discovery.
7A. Procedure relating to expert's report.
8. Procedure at hearing.
9. Decision of tribunal.
11. Costs.
12. Miscellaneous powers of tribunal.
17. Notices, etc.
The Secretary of State, in exercise of the powers conferred on him by paragraph 1 of Schedule 9 to the Employment Protection (Consolidation) Act 1978(a) and after consultation with the Council on Tribunals, hereby makes the following Regulations:—
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Industrial Tribunals (Rules of Procedure) Regulations 1985 (and the Rules of Procedure contained in Schedules 1 and 2 to these Regulations may be referred to as the Industrial Tribunals Rules of Procedure 1985 and the Industrial Tribunals Complementary Rules of Procedure 1985 respectively). They shall come into operation on 1st March 1985.
(2) The Industrial Tribunals (Rules of Procedure) Regulations 1980(b) and the Industrial Tribunals (Rules of Procedure) (Equal Value Amendment) Regulations 1983(c) shall cease to have effect on 1st March 1985 except in relation to proceedings instituted before that date.
Interpretation
2. In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—
"the 1966 Act" means the Docks and Harbours Act 1966(d);
"the 1978 Act" means the Employment Protection (Consolidation) Act 1978;
"applicant" means a person who in pursuance of Rule 1 has presented an originating application to the Secretary of the Tribunals for a decision of a tribunal and includes:—
(a) the Secretary of State, the Board or a licensing authority,
(a) 1978 c. 44; Schedule 9 was amended by Regulation 3 of the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794).
(b) S.I. 1980/884.
(c) S.I. 1983/1807.
(d) 1966 c. 28.
(b) a claimant or complainant,
(c) in the case of proceedings under section 51 of the 1966 Act, a person on whose behalf an originating application has been sent by a trade union, and
(d) in relation to interlocutory applications under these Rules, a person who seeks any relief;
"the Board" means the National Dock Labour Board as reconstituted under the Dock Work Regulation Act 1976(a);
"the clerk to the tribunal" means the person appointed by the Secretary of the Tribunals or an Assistant Secretary to act in that capacity at one or more hearings;
"court" means a magistrates' court or the Crown Court;
"decision" in relation to a tribunal includes a declaration, an order (other than an interlocutory order), a recommendation or an award of the tribunal but does not include an opinion given pursuant to a pre-hearing assessment held under Rule 6;
"the Equal Pay Act" means the Equal Pay Act 1970(b);
"equal value claim" means a claim by an applicant which rests upon entitlement to the benefit of an equality clause by virtue of the operation of section 1(2)(c) of the Equal Pay Act;
"expert" means a member of the panel of independent experts within the meaning of section 2A(4) of the Equal Pay Act;
"hearing" means a sitting of a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;
"licensing authority" means a body having the function of issuing licences under the 1966 Act;
"the Office of the Tribunals" means the Central Office of the Industrial Tribunals (England and Wales);
"the panel of chairmen" means the panel of persons, being barristers or solicitors of not less than seven years' standing, appointed by the Lord Chancellor in pursuance of Regulation 5(2) of the Industrial Tribunals (England and Wales) Regulations 1965(c);
"party" in relation to proceedings under section 51 of the 1966 Act means the applicant and the Board or the licensing authority with which or (as the case may be) any person with whom it appears to the applicant that he is in dispute about a question to which that section applies and, in a case where such a question is referred to a tribunal by a court, any party to the proceedings before the court in which the question arose;
"person entitled to appear" in relation to proceedings under section 51 of the 1966 Act means a party and any person who, under subsection (5) of that
(a) 1976 c. 79.
(b) 1970 c. 41; section 1 was amended by the Sex Discrimination Act 1975 (c. 65), section 8 and Schedule 1, paragraph 1, and was applied by the Employment Protection Act 1975 (c. 71), section 122(2), as amended by the Race Relations Act 1976 (c. 74), Schedule 3, paragraph 1(5); section 1 was amended and section 2A was inserted by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794).
(c) S.I. 1965/1101, as amended by S.I. 1967/301.
section, is entitled to appear and be heard before a tribunal in such proceedings;
"the President" means the President of the Industrial Tribunals (England and Wales) or the person nominated by the Lord Chancellor to discharge for the time being the functions of the President;
"the Race Relations Act" means the Race Relations Act 1976(a);
"Regional Chairman" means the chairman appointed by the President to take charge of the due administration of justice by tribunals in an area specified by the President, or a person nominated either by the President or the Regional Chairman to discharge for the time being the functions of the Regional Chairman;
"Regional Office of the Industrial Tribunals" means a regional office which has been established under the Office of the Tribunals for an area specified by the President;
"Register" means the Register of Applications and Decisions kept in pursuance of these Regulations;
"report" means a report required by a tribunal to be prepared by an expert, pursuant to section 2A(1)(b) of the Equal Pay Act;
"respondent" means a party to the proceedings before a tribunal other than the applicant, and other than the Secretary of State in proceedings under Parts III and VI of the 1978 Act in which he is not cited as the person against whom relief is sought;
"Rule" means, in Schedule 1 to these Regulations, a Rule of Procedure contained in that Schedule, and, in Schedule 2 to these Regulations, a Rule of Procedure contained in Schedule 1 or Schedule 2 as appropriate;
"the Secretary of the Tribunals" and "an Assistant Secretary of the Tribunals" mean respectively the persons for the time being acting as the Secretary of the Office of the Tribunals and as the Assistant Secretary of a Regional Office of the Industrial Tribunals;
"the Sex Discrimination Act" means the Sex Discrimination Act 1975(b);
"tribunal" means an industrial tribunal (England and Wales) established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965 and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or a Regional Chairman.
Proceedings of tribunals
3.—(1) Except where separate Rules of Procedure made under the provisions of any enactment are applicable and subject to paragraph (2) of this Regulation, the Rules of Procedure contained in Schedule 1 to these Regulations shall have effect in relation to all proceedings before a tribunal where:—
(a) the respondent or one of the respondents resides or carries on business in England or Wales; or
(a) 1976 c. 74.
(b) 1975 c. 65.
(b) had the remedy been by way of action in the county court, the cause of action would have arisen wholly or in part in England or Wales; or
(c) the proceedings are to determine a question which has been referred to the tribunal by a court in England or Wales; or
(d) in proceedings under the 1966 Act they are in relation to a port in England or Wales.
(2) In any such proceedings before a tribunal involving an equal value claim the Rules of Procedure contained in Schedule 2 to these Regulations (including Rule 7A) shall replace Rules 4, 8, 9, 11, 12 and 17 in Schedule 1.
Proof of decisions of tribunals
4. The production in any proceedings in any court of a document purporting to be certified by the Secretary of the Tribunals to be a true copy of an entry of a decision in the Register shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Tom King, Secretary of State for Employment.
9th January 1985.
Regulation 3(1)
SCHEDULE 1
RULES OF PROCEDURE
Originating application
1.—(1) Proceedings for the determination of any matter by a tribunal shall be instituted by the applicant (or, where applicable, by a court) presenting to the Secretary of the Tribunals an originating application, which shall be in writing and shall set out:—
(a) the name and address of the applicant; and
(b) the names and addresses of the person or persons against whom relief is sought or (where applicable) of the parties to the proceedings...
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