Citation and commencement

1. These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2014 and come into force on 6th April 2014.

Amendments to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

2. In regulation 6(5) for “full-time” substitute “salaried”.

3. In regulation 8(2)(a)—

(a) for “chairmen” substitute “Employment Judges”;

(b) omit “(in these Regulations (including the Schedules) referred to as “Employment Judges”)”.

Amendments to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

4.Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is amended as follows.

5. In rule 1(1) in the appropriate places insert the following definitions—

“ “early conciliation certificate” means a certificate issued by ACAS in accordance with the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2013 ( 2 ) ;

“early conciliation exemption” means an exemption contained in regulation 3(1) of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014;

“early conciliation number” means the unique reference number which appears on an early conciliation certificate;

“relevant proceedings” means those proceedings listed in section 18(1) of the Employment Tribunals Act 1996 ( 3 ) ; ”

6. In rule 1(3)(b)—

(a) at the end of sub-paragraph (i) omit “or”;

(b) after sub-paragraph (ii) insert—

“ (iii) the imposition of a financial penalty under section 12A of the Employment Tribunals Act ” .

7. In rule 10(1)—

(a) in sub-paragraph (a) delete “or”;

(b) at the end of paragraph (iv) of sub-paragraph (b) insert “or”;

(c) after sub-paragraph (b) insert—

“ (c) it does not contain one of the following—

(i) an early conciliation number;

(ii) confirmation that the claim does not institute any relevant proceedings; or

(iii) confirmation that one of the early conciliation exemptions applies. ”

8. In rule 12—

(a) in sub-paragraph (a) of paragraph (1) omit “or”;

(b) after sub-paragraph (b) of paragraph (1) after “process” insert—

“ (c) one which institutes relevant proceedings and is made on a claim form that does not contain either an early conciliation number or confirmation that one of the early conciliation exemptions applies;

(d) one which institutes relevant proceedings, is made on a claim form which contains confirmation that one of the early conciliation exemptions applies, and an early conciliation exemption does not apply;

(e) one which institutes relevant proceedings and the name of the claimant on the claim form is not the same as the name of the prospective claimant on the early conciliation certificate to which the early conciliation number relates; or

(f) one which institutes relevant proceedings and the name of the respondent on the claim form is not the same as the name of the prospective respondent on the early conciliation certificate to which the early conciliation number relates ” ;

(c) in paragraph (2) for “or (b)” substitute “(b), (c) or (d)”;

(d) after paragraph (2) insert—

“ (2A) The claim, or part of it, shall be rejected if the Judge considers that the claim, or part of it, is of a kind described in sub-paragraph (e) or (f) of paragraph (1) unless the Judge considers that the claimant made a minor error in relation to a name or address and it would not be in the interests of justice to reject the claim. ”

9. In rule 33 for “1026/2001” substitute “1206/2001”.

Amendments to Schedule 2 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

10. In rule 5 of Schedule 2 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 omit paragraph (2).

Transitional provision

11. Regulations 5, 7 and 8 have effect in relation to—

(a) any claim presented by a claimant in the period beginning on 6th April 2014 and ending on 5th May 2014 where section 18A of the Employment Tribunals Act 1996 applies to that claimant by virtue of the Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014( 4 ); and

(b) any claim presented on or after 6th May 2014.