Section 5B — Tribunals, Courts and Enforcement Act 2007: Members of employment tribunals: removal from office

Members of employment tribunals: removal from office 5B 1 Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

2 Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

3 Any power by which a member of a panel may be removed from membership of the panel—

a may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

b may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

4 In subsection (3) “ panel ” means—

a a panel of chairmen of employment tribunals, or b any other panel of members of employment tribunals, which is appointed in accordance with regulations made under section 1(1).

5 The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

6 The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.