6 April: Changes to tribunal procedure coming into force

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012 (SI 2012/468), which amend the Employment Tribunal Rules of Procedure, come into force on 6 April 2012. The amended procedural rules will apply to cases submitted to an employment tribunal on or after 6 April 2012. 

The changes brought in by the Regulations are that:

  • the maximum deposit that a tribunal may order a party to pay as a condition of continuing with tribunal proceedings, where it determines that the contentions put forward by that party have little reasonable prospect of succeeding, increases from £500 to £1,000;
  • witness statements are to be taken as read, unless the tribunal directs otherwise;
  • employment judges can direct that a party makes a payment to a witness in respect of the costs of attending a tribunal hearing, and the losing party can be ordered to reimburse the winning party for any such costs that have already been paid out; and
  • the maximum amount of a costs order that a tribunal may award in favour of a legally represented party increases from £10,000 to £20,000. 

The draft Employment Tribunals Act 1996 (Tribunal Composition) Order 2012, which is also due to come into force on 6 April 2012, provides that employment judges will sit alone when hearing unfair dismissal claims unless they direct otherwise. 

Also

The HR & Compliance Centre employment law manual sets out the law on tribunal procedures

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