Employment Tribunals Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Employment tribunals
Employment tribunals 1 1 The Secretary of State may by regulations make provision for the establishment of tribunals to be known as employment tribunals . 2 Regulations made wholly or partly under…
Section 2 — Enactments conferring jurisdiction on employment tribunals .
Enactments conferring jurisdiction on employment tribunals . 2 Employment tribunals shall exercise the jurisdiction conferred on them by or by virtue of this Act or any other Act, whether passed…
Section 3 — Power to confer further jurisdiction on employment tribunals .
Power to confer further jurisdiction on employment tribunals . 3 1 The appropriate Minister may by order provide that proceedings in respect of— a any claim to which this section applies, or b any…
Section 3A — Meaning of “Employment Judge”
Meaning of “Employment Judge” 3A A person who is a member of a panel of Employment Judges which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment…
Section 4 — Composition of tribunals.
Composition of tribunals. 4 1 An employment tribunal is, for the purpose of deciding any given matter, to be composed of a member or members chosen by the Senior President of Tribunals. 2 The member,…
Section 5 — Remuneration, fees and allowances.
Remuneration, fees and allowances. 5 1 The Lord Chancellor may pay to— a the President of the Employment Tribunals (England and Wales) , b the President of the Employment Tribunals (Scotland) , . . .…
Section 5A — Training etc.
Training etc. 5A The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training,…
Section 5B — 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…
Section 5C — Oaths
Oaths 5C 1 Subsection (2) applies to a person (“ the appointee ”)— a who is appointed— i as President of the Employment Tribunals (England and Wales), ii as President of the Employment Tribunals…
Section 5D — Judicial assistance
Judicial assistance 5D 1 Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a…
Section 6 — Conduct of hearings.
Conduct of hearings. 6 1 A person may appear before an employment tribunals in person or be represented by— a counsel or a solicitor, b a representative of a trade union or an employers’ association,…
Section 7 — Practice and procedure: general
Practice and procedure: general 7 Procedure Rules (see section 37QA) are to govern the practice and procedure to be followed in employment tribunals.
Section 7A — Practice directions
Practice directions 7A A1 The Senior President of Tribunals may make directions about the practice and procedure of employment tribunals. 1 The territorial President may make directions about the…
Section 7B — Mediation
Mediation 7B A1 A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles— a…
Section 8 — Procedure in contract cases.
Procedure in contract cases. 8 1 Where in proceedings brought by virtue of section 3 an employment tribunal finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall…
Section 9 — Preliminary hearings .
Preliminary hearings . 9 1 If Procedure Rules authorise an employment tribunal to carry out a preliminary hearing, Procedure Rules may make provision for enabling such powers as may be prescribed by…
Section 10 — National security.
National security. 10 1 If on a complaint under— a section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union…
Section 10A — Confidential information.
Confidential information. 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10B — Restriction of publicity in cases involving national security.
Restriction of publicity in cases involving national security. 10B 1 This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)— a to take steps…
Section 11 — Restriction of publicity in cases involving sexual misconduct.
Restriction of publicity in cases involving sexual misconduct. 11 1 Procedure Rules may include provision— a for cases involving allegations of the commission of sexual offences, for securing that…
Section 12 — Restriction of publicity in disability cases.
Restriction of publicity in disability cases. 12 1 This section applies to proceedings on a complaint under section 120 of the Equality Act 2010, where the complaint relates to disability in which…
Section 12A — Financial penalties
Financial penalties 12A 1 Where an employment tribunal determining a claim involving an employer and a worker— a concludes that the employer has breached any of the worker's rights to which the claim…
Section 13 — Costs and expenses.
Costs and expenses. 13 1 Procedure Rules may make provision for regulating matters relating to— a costs or expenses; b allowances payable under section 5(2)(c) or (3). 1A Procedure Rules may, in…
Section 13A — Payments in respect of preparation time
Payments in respect of preparation time 13A 1 Procedure Rules may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other…
Section 14 — Interest.
Interest. 14 1 The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of employment tribunals shall carry interest at such rate…
Section 15 — Enforcement.
Enforcement. 15 1 Any sum payable in pursuance of a decision of an employment tribunal in England and Wales which has been registered in accordance with Procedure Rules shall be recoverable under…
Section 16 — Power to provide for recoupment of benefits.
Power to provide for recoupment of benefits. 16 1 This section applies to payments which are the subject of proceedings before employment tribunals and which are— a payments of wages or compensation…
Section 17 — Recoupment: further provisions.
Recoupment: further provisions. 17 1 Where in pursuance of any regulations under section 16 a sum has been recovered by or paid to the Secretary of State by way of total or partial recoupment of…
Section 18 — Conciliation : relevant proceedings etc. .
Conciliation : relevant proceedings etc. . 18 1 In this section and sections 18A to 18C “ relevant proceedings ” means employment tribunal proceedings— a under section 66, 68A, 70C, 87, 137, 138,…
Section 18A — Requirement to contact ACAS before instituting proceedings
Requirement to contact ACAS before instituting proceedings 18A 1 Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the…
Section 18B — Conciliation before institution of proceedings: other ACAS duties
Conciliation before institution of proceedings: other ACAS duties 18B 1 This section applies where— a a person contacts ACAS requesting the services of a conciliation officer in relation to a matter…
Section 18C — Conciliation after institution of proceedings
Conciliation after institution of proceedings 18C 1 Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a…
Section 19 — Conciliation procedure.
Conciliation procedure. 19 1 Procedure Rules must include in relation to employment tribunal proceedings in the case of which any enactment makes provision for conciliation— a provisions requiring a…
Section 19A — Conciliation: recovery of sums payable under settlements
Conciliation: recovery of sums payable under settlements 19A 1 Subsections (3) to (6) apply if— a a conciliation officer— i has taken action under any of sections 18A to 18C in a case, and ii issues…
Section 20 — The Appeal Tribunal.
The Appeal Tribunal. 20 1 The Employment Appeal Tribunal (“the Appeal Tribunal") shall continue in existence. 2 The Appeal Tribunal shall have a central office in London but may sit at any time and…
Section 21 — Jurisdiction of Appeal Tribunal.
Jurisdiction of Appeal Tribunal. 21 1 An appeal lies to the Appeal Tribunal on any question of law arising from any decision of, or arising in any proceedings before, an employment tribunal under or…
Section 22 — Membership of Appeal Tribunal.
Membership of Appeal Tribunal. 22 1 The Appeal Tribunal shall consist of— a such number of judges as may be nominated from time to time by the Lord Chief Justice, after consulting the Lord…
Section 23 — Temporary membership.
Temporary membership. 23 1 At any time when— a the office of President of the Appeal Tribunal is vacant, or b the person holding that office is temporarily absent or otherwise unable to act as the…
Section 24 — Temporary additional judicial membership.
Temporary additional judicial membership. 24 1 This section applies if both of the following conditions are met— a the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief…
Section 24A — Training etc. of members of Appeal Tribunal
Training etc. of members of Appeal Tribunal 24A The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate…
Section 24B — Oaths
Oaths 24B 1 Subsection (2) applies to a person (“ the appointee ”)— a who is appointed under section 22(1)(c) or 23(3), or b who is appointed under section 24(1A) and— i falls when appointed within…
Section 25 — Tenure of appointed members.
Tenure of appointed members. 25 1 Subject to subsections (2) to (4), an appointed member shall hold and vacate office in accordance with the terms of his appointment. 2 An appointed member— a may at…
Section 26 — Staff.
Staff. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 27 — Remuneration, pensions and allowances.
Remuneration, pensions and allowances. 27 1 The Lord Chancellor shall pay— a the appointed members, and b any person appointed to act temporarily in the place of an appointed member, ... c . . . . .…
Section 28 — Composition of Appeal Tribunal.
Composition of Appeal Tribunal. 28 1 The Appeal Tribunal is, for the purpose of deciding any given matter, to be composed of a member or members chosen by the Senior President of Tribunals. 2 The…
Section 29 — Conduct of hearings.
Conduct of hearings. 29 1 A person may appear before the Appeal Tribunal in person or be represented by— a counsel or a solicitor, b a representative of a trade union or an employers’ association, or…
Section 29A — Practice directions
Practice directions 29A 1 Directions about the practice and procedure of the Appeal Tribunal may be given— a by the Senior President of Tribunals, or b by the President of the Appeal Tribunal. 2 A…
Section 30 — Appeal Tribunal procedure rules.
Appeal Tribunal procedure rules. 30 1 The Lord Chancellor, after consultation with the Lord President of the Court of Session, shall make rules (“Appeal Tribunal procedure rules") with respect to…
Section 31 — Restriction of publicity in cases involving sexual misconduct.
Restriction of publicity in cases involving sexual misconduct. 31 1 Appeal Tribunal procedure rules may, as respects proceedings to which this section applies, include provision— a for cases…
Section 32 — Restriction of publicity in disability cases.
Restriction of publicity in disability cases. 32 1 This section applies to proceedings— a on an appeal against a decision of an employment tribunal to make, or not to make, a restricted reporting…