Statutory Instruments
2024 No. 366
EMPLOYMENT TRIBUNALS
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024
Made
12th March 2024
Laid before Parliament
13th March 2024
Coming into force
6th April 2024
The Secretary of State, in exercise of the powers conferred by section 7(1) and (3) of the Employment Tribunals Act 1996( 1 ), makes the following Regulations.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024 and come into force on 6th April 2024.
(2) These Regulations extend to England and Wales, and Scotland.
Amendments to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
2. —(1)Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013( 2 ) is amended as follows.
(2) In rule 8(1) (presenting the claim) omit “made under regulation 11 which supplements this rule”.
(3) In rule 15 (sending claim form to respondents)—
(a) renumber the text after the heading as paragraph (1);
(b) after paragraph (1) as renumbered by these Regulations insert—
“ (2) If the Tribunal sends a copy of the claim form to an address for a respondent which differs from that provided on the claim form (whether or not a copy of the claim form has already been sent by the Tribunal to an address provided on the claim form), the Tribunal may also direct that the period for presentation of a response under rule 16(1) (response) begins from the date that a copy of the claim form is sent to that address. ” .
(4) In rule 16 (response) for paragraph (1) substitute—
“ (1) The response must be on a prescribed form and presented to the Tribunal in accordance with any practice direction. Subject to any direction given under rule 15(2) (sending claim form to respondents), it must be presented within 28 days of the date that the copy of the claim form was sent by the Tribunal. ” .
(5) In rule 85 (delivery to the tribunal), for paragraph (2) substitute—
“ (2) A claim form or a response form may only be delivered in accordance with any practice direction. ” .
(6) In rule 86 (delivery to parties) after paragraph (3) insert—
“ (4) Paragraph (2) does not prevent the Tribunal also sending a copy of the claim form to a respondent at an address that differs from that provided on the claim form. ” .
(7) After rule 92 (correspondence with the Tribunal: copying to other parties) insert—
“ Digital case management
92A. In these Rules, where a party or the Tribunal is required to send, deliver or present a document or communication to the Tribunal or another party and does so through the Tribunal’s digital case management system in accordance with any practice direction, there shall be deemed compliance. ” .
Kevin Hollinrake
Parliamentary Under Secretary of State
Department for Business and Trade
12th March 2024
1996 c. 17 . Section 7 of the Act is substituted by section 34(2) of the Judicial Review and Courts Act 2022 (c. 35) to provide when read with section 34(4) of that Act, that Procedure Rules made by the Tribunal Procedure Committee are to govern the practice and procedure of the Employment Tribunal, and will be brought into force on a day to be appointed in regulations by the Lord Chancellor.
S.I. 2013/1237 , amended by S.I. 2020/1003 ; there are other amending instruments but none is relevant.