The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1003 |
2020 No. 1003
Employment Tribunals
The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020
Made 16th September 2020
Laid before Parliament 17th September 2020
The Secretary of State, in exercise of the powers conferred by sections 1(1), 4(6), (6A) and (6B), 7(1), (3), (3ZA) and (3AA), 7A(2), 18A(11) and (12), and 41(4) of the Employment Tribunals Act 19961, makes the following Regulations:
Citation and commencement
1.—(1) These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020.
(2) Regulations 19, 20, 21 and 22(2) come into force on 1stDecember 2020 and the remainder of these Regulations come into force on 8th October 2020.
Amendments to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
2. The Employment Tribunals (Constitution and Rules of Procedure) Regulations 20132are amended as set out in regulations 3 and 4.
3. In regulation 8 (panels of members for tribunals)—
(a) for paragraph (2)(a) substitute—
“(a)
“(a) a panel of Employment Judges who—
satisfy the criteria set out in regulation 5(2) and are appointed by the appointing office holder; or
are able to act as Employment Judges by virtue of paragraph (2A) or (2B);”;
(b) after paragraph (2) insert—
“2A. A relevant tribunal judge3may act as an Employment Judge if the conditions in paragraph (2C) are satisfied.
2B. A relevant judge may act as an Employment Judge if the conditions in paragraph (2C) are satisfied and—
(a) the relevant judge consents; and
(b) unless the relevant judge is the Lord Chief Justice of England and Wales, the appropriate consent has been given.
2C. The conditions are—
(a) the judge is nominated by the Senior President of Tribunals; and
(b) the President who is responsible for the panel the judge will act as a member of consents to the judge acting in a particular case.
2D. The relevant President must consult the other President before consenting under paragraph (2C)(b) to any individual judge acting for the first time as a member of the panel for which the relevant President is responsible.
2E. A person who has been appointed to one panel of Employment Judges may act as a member of the other panel of Employment Judges if—
(a) the person is nominated by the Senior President of Tribunals; and
(b) the Presidents responsible for both panels consent to the person acting for such period as the Presidents shall specify.
2F. Consent under paragraph (2E)(b) can be withdrawn at any time by either President.
2G. In paragraph (2B)(b) “the appropriate consent” means—
(a) the consent of the Lord Chief Justice of England and Wales where the relevant judge is—
the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales;
the President of the Queen’s Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales;
a puisne judge of the High Court in England and Wales;
a circuit judge;
a district judge in England and Wales;
a District Judge (Magistrates’ Courts);
a deputy judge of the High Court in England and Wales;
a Recorder;
a Deputy District Judge (Magistrates’ Courts);
a deputy district judge appointed under section 8 of the County Courts Act 19844or section 102 of the Senior Courts Act 19815;
the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 19816(senior High Court Masters etc);
the holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act7(High Court Masters etc); or
the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 19518(assistants to the Judge Advocate General);
(b) the consent of the Lord President where the relevant judge is—
a sheriff; or
a summary sheriff;
(c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—
a Lord Justice of Appeal in Northern Ireland;
a puisne judge of the High Court in Northern Ireland;
a county court judge in Northern Ireland; or
a district judge in Northern Ireland.
2H. In this regulation “relevant judge” means a person who—
(a) 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);
(b) is the President of the Queen’s Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales;
(c) is a Lord Justice of Appeal in Northern Ireland;
(d) is a puisne judge of the High Court in England and Wales or Northern Ireland;
(e) is a circuit judge;
(f) is a sheriff in Scotland;
(g) is a summary sheriff;
(h) is a county court judge in Northern Ireland;
(i) is a district judge in England and Wales or Northern Ireland;
(j) is a District Judge (Magistrates’ Courts);
(k) is a deputy judge of the High Court in England and Wales;
(l) is a Recorder;
(m) is a Deputy District Judge (Magistrates’ Courts);
(n) is a deputy district judge appointed under section 8 of the County Courts Act 19849or section 102 of the Senior Courts Act 198110;
(o) holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 198111(senior High Court Masters etc);
(p) holds an office listed in column 1 of Part 2 of Schedule 2 to that Act12(High Court Masters etc); or
(q) is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 195113(assistants to the Judge Advocate General).
2I. References in paragraph (2H)(d) to (j) to office-holders do not include deputies or temporary office-holders.”.
4. After regulation 10 insert—
“Legal officers
The Lord Chancellor may appoint legal officers who may, in accordance with section 4(6B) of the Employment Tribunals Act14, carry out such functions set out in regulation 10B as the Senior President of Tribunals shall authorise in a practice direction.
Within 14 days after the date on which a Tribunal sends notice of a decision made by a legal officer to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by an Employment Judge.
The Senior President of Tribunals must consult both Presidents before making a practice direction under paragraph (1).
Responsibilities of legal officers
In this regulation any reference to a rule is a reference to the Rules of Procedure in Schedule 1.
For the purpose of any determination made under regulation 10B(3) any rule mentioned in regulation 10B(3) must be read as though reference to the Tribunal or an Employment Judge includes reference to a legal officer.
The following are the matters that, subject to being authorised by a practice direction of the Senior President of Tribunals, may be determined by a legal officer—
(a)
(a) a referral under rules 12(1)(c), (e) or (f);
(b)
(b) an application under rule 20;
(c)
(c) an application under rule 30—
(i) for an extension of time to comply with a case management order;
(ii) to which all parties agree, to amend a claim or response;
(iii) for additional information about another party’s claim or defence;
(iv) for different claims to be considered together;
(d)
(d) an application under rule 30A—
(i) which is made more than 7 days before the date on which the hearing begins; and
(ii) to which all parties consent;
(e)
(e) an application to which all parties agree for an order under rule 36(1);
(f)
(f) an application under rule 54 to which all parties agree, where the hearing sought would only determine matters under rule 53(1)(a);
(g)
(g) confirmation of a stay (or in Scotland sist) of the proceedings in the event of a respondent’s compulsory liquidation or administration; and
(h)
(h) whether to dismiss a claim under rule 52.”
Amendments to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
5. Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 201315are amended as set out in regulations 6 to 17.
6. In rule 9 for “are based on the same set of facts” substitute “give rise to common or related issues of fact or law or if it is otherwise reasonable for their claims to be made on the same claim form”.
7. In rule 12—
(a) after paragraph (d) insert—
“(da)
“(da) one which institutes relevant proceedings and the early conciliation number on the claim form is not the same as the early conciliation number on the early conciliation certificate;”;
(b) after paragraph (2) insert—
“2ZA. The claim shall be rejected if the Judge considers that the claim is of a kind described in sub-paragraph (da) of paragraph (1) unless the Judge considers that the claimant made an error in relation to an early conciliation number and it would not be in the interests of justice to reject the claim.”;
(c) at paragraph (2A) for “a minor” substitute “an”.
8. In rule 16—
(a) in paragraph (2) for the words after “more than one respondent if” substitute “the responses give rise to common or related...
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