Employment Tribunals Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 33 — Restriction of vexatious proceedings.
Restriction of vexatious proceedings. 33 1 If, on an application made by the Attorney General or the Lord Advocate under this section, the Appeal Tribunal is satisfied that a person has habitually…
Section 34 — Costs and expenses
Costs and expenses 34 1 Appeal Tribunal procedure rules may include provision for the award of costs or expenses. 2 Rules under subsection (1) may include provision authorising the Appeal Tribunal to…
Section 35 — Powers of Appeal Tribunal.
Powers of Appeal Tribunal. 35 1 For the purpose of disposing of an appeal, the Appeal Tribunal may— a exercise any of the powers of the body or officer from whom the appeal was brought, or b remit…
Section 36 — Enforcement of decisions etc.
Enforcement of decisions etc. 36 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . .…
Section 37 — Appeals from Appeal Tribunal.
Appeals from Appeal Tribunal. 37 1 Subject to subsection (3), an appeal on any question of law lies from any decision or order of the Appeal Tribunal to the relevant appeal court with the leave of…
Section 37A — Sums to which financial penalty can relate
Sums to which financial penalty can relate 37A 1 This section has effect for the purposes of this Part. 2 “Financial award”— a means a sum of money (or, if more than one, the sums of money) ordered…
Section 37QA — Procedure Rules
Procedure Rules 37QA 1 There are to be rules made by the Tribunal Procedure Committee called “Employment Tribunal Procedure Rules”. 2 Those are the rules referred to as “ Procedure Rules ” in this…
Section 37ZA — Appeals to Supreme Court: grant of certificate by Appeal Tribunal
Appeals to Supreme Court: grant of certificate by Appeal Tribunal 37ZA 1 If the Appeal Tribunal is satisfied that— a the conditions in subsection (4) or (5) are fulfilled in relation to the Appeal…
Section 37B — Financial award: unpaid amount
Financial award: unpaid amount 37B 1 In the case of a financial award, the unpaid amount on any day means the amount outstanding immediately before that day in respect of— a the initial amount of the…
Section 37QB — Power to amend legislation in connection with Procedure Rules
Power to amend legislation in connection with Procedure Rules 37QB 1 The Lord Chancellor may by regulations amend, repeal or revoke any enactment to the extent that the Lord Chancellor considers…
Section 37ZB — Appeals to Supreme Court: permission to appeal
Appeals to Supreme Court: permission to appeal 37ZB 1 If the Appeal Tribunal grants a certificate under section 37ZA in relation to any proceedings, a party to those proceedings may apply to the…
Section 37C — Settlement sum: unpaid amount
Settlement sum: unpaid amount 37C 1 In the case of a settlement sum, the unpaid amount on any day means the amount outstanding immediately before that day in respect of— a the settlement sum, and b…
Section 37ZC — Appeals to Supreme Court: exclusions
Appeals to Supreme Court: exclusions 37ZC 1 No certificate may be granted under section 37ZA in respect of a decision or order of the Appeal Tribunal in any proceedings where, by virtue of any…
Section 37D — Unpaid amount of relevant sum: further provision
Unpaid amount of relevant sum: further provision 37D 1 Subsections (2) and (3) apply where— a a relevant sum is to be paid by instalments, b any instalment is not paid on or before the day on which…
Section 37E — Warning notice
Warning notice 37E 1 This section applies where the Secretary of State considers that an employer who is required to pay a relevant sum has failed— a in the case of a relevant sum which is to be paid…
Section 37F — Penalty notice
Penalty notice 37F 1 This section applies where the Secretary of State — a has given a warning notice to an employer, and b is satisfied that the employer has failed to pay the specified amount in…
Section 37G — Appeal against penalty notice
Appeal against penalty notice 37G 1 An employer to whom a penalty notice is given may, before the end of the period specified under section 37F(3)(e) (period within which penalty must be paid),…
Section 37H — Interest and recovery
Interest and recovery 37H 1 This section applies if all or part of a financial penalty which an employer is required by a penalty notice to pay is unpaid at the end of the relevant period. 2 The…
Section 37I — Withdrawal of warning notice
Withdrawal of warning notice 37I 1 Where— a a warning notice has been given (and not already withdrawn), b it appears to the Secretary of State that— i the notice incorrectly omits any statement or…
Section 37J — Withdrawal of penalty notice
Withdrawal of penalty notice 37J 1 Where— a a penalty notice has been given (and not already withdrawn or cancelled), and b it appears to the Secretary of State that— i the notice incorrectly omits…
Section 37K — Replacement penalty notice
Replacement penalty notice 37K 1 Where the Secretary of State — a withdraws a penalty notice (“the original penalty notice”) under section 37J, and b is satisfied that the employer failed to pay the…
Section 37L — Effect of replacement penalty notice
Effect of replacement penalty notice 37L 1 This section applies where a penalty notice is withdrawn under section 37J and a replacement penalty notice is given in accordance with section 37K. 2 If an…
Section 37M — Enforcement officers
Enforcement officers 37M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 37N — Power to amend Part 2A
Power to amend Part 2A 37N 1 The Secretary of State may by regulations— a amend subsection (5) or (6) of section 37F by substituting a different amount; b amend subsection (4) or (8) of that section…
Section 37O — Modification in particular cases
Modification in particular cases 37O 1 The Secretary of State may by regulations make provision for this Part to apply with modifications in cases where— a two or more financial awards were made…
Section 37P — Giving of notices
Giving of notices 37P 1 For the purposes of section 7 of the Interpretation Act 1978 in its application to this Part, the proper address of an employer is— a if the employer has notified the…
Section 37Q — Financial penalties for non-payment: interpretation
Financial penalties for non-payment: interpretation 37Q 1 In this Part, the following terms have the following meanings— “claim”— means anything that is referred to in the relevant legislation as a…
Section 38 — Crown employment.
Crown employment. 38 1 This Act has effect in relation to Crown employment and persons in Crown employment as it has effect in relation to other employment and other employees. 2 In this Act “ Crown…
Section 39 — Parliamentary staff.
Parliamentary staff. 39 1 This Act has effect in relation to employment as a relevant member of the House of Lords staff or a relevant member of the House of Commons staff as it has effect in…
Section 40 — Power to amend Act.
Power to amend Act. 40 1 The Secretary of State and the Lord Chancellor, acting jointly, may by order— a provide that any provision of this Act to which this section applies and which is specified in…
Section 41 — Orders, regulations and rules.
Orders, regulations and rules. 41 1 Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by…
Section 42 — Interpretation.
Interpretation. 42 1 In this Act (except where otherwise expressly provided) — “ ACAS ” means the Advisory, Conciliation and Arbitration Service, “ the Appeal Tribunal ” means the Employment Appeal…
Section 43 — Consequential amendments.
Consequential amendments. 43 Schedule 1 (consequential amendments) shall have effect.
Section 44 — Transitionals, savings and transitory provisions.
Transitionals, savings and transitory provisions. 44 Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.
Section 45 — Repeals and revocations.
Repeals and revocations. 45 The enactments specified in Part I of Schedule 3 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified in the third…
Section 46 — Commencement.
Commencement. 46 This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
Section 47 — Extent.
Extent. 47 This Act does not extend to Northern Ireland.
Section 48 — Short title.
Short title. 48 This Act may be cited as the Employment Tribunals Act 1996 .