The final version of the new Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 has been published. These Regulations replace the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (“the 2004 Regulations”). The rules of procedure in Schedules 1 to 3 replace the existing rules of procedure in the employment tribunals as set out in Schedules 1 to 6 to the 2004 Regulations. Regulations 1, 3 and 11 (all administrative enabling Regulations) come into force on 1st July 2013. All other aspects come into force from 29th July 2013 (the same time as tribunal fees, aspects of which have been incorporated into the new framework). Reg 15 sets out the transitional provisions, i.e. where a respondent receives from a tribunal a copy of the claim form, or a notice of appeal is presented, on or after 29th July 2013, the new rules will apply. The Explanatory Note at the end of the Regulations provides a very useful summary of each of the new regulations and the rules in Schedules 1 to 3.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
