The Employment Tribunal Procedure Rules 2024 (SI 2024/1155) ('ETPR') will come into force on 6 January 2025, replacing the current rules set out in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
The ETPR 2024 marks a significant update to the procedural framework for employment tribunals. While the changes are primarily focused on improving clarity and efficiency, practitioners must be mindful of the renumbering of key provisions and the introduction of new rules that enhance the tribunal's administrative capabilities.
Renumbering of Rules
Many of the familiar provisions from the old rules have been renumbered. For example:
- Presenting a claim (previously Rule 8) is now Rule 10.
- Response (previously Rule 16) is now Rule 17.
- Applications for case management orders (previously Rule 30) is now Rule 31.
- Striking out (previously Rule 37) is now Rule 38.
- The national security rules of procedure and equal value rules of procedure, previously contained in Schedules 2 and 3 of the 2013 Regulations, have been replicated as Schedule 1 and Schedule 2 of the new ETPR.
Substantive Changes
In addition to the renumbering, there are several substantive changes that practitioners need to note:
- Delegation of Judicial Functions (Rule 7): The new rules give the tribunal greater flexibility by allowing functions of a judicial nature to be delegated to legal officers.
- Prescribing Claim and Response Forms (Rule 9): The Presidents of the tribunals now have the power to prescribe claim and response forms via Practice Directions, removing the need for the Secretary of State to do so.
- Clarifications and Enhancements:
- Rule 42: The rule has been reworded to make it clear that the Tribunal can still consider written representations submitted less than seven days before the hearing, but is not bound to do so.
- Rule 49: Confirms that personal details, such as addresses, may be redacted from claim and response forms.
- Rule 58: Clarifying that decisions made by legal officers without a hearing should identify the legal officer who made the decision.
- Rules 59 and 60: Replace the requirement for written records and reasons to be signed by an employment judge, now with a requirement for them to be “approved” by the presiding member.
Practical Implications for Practitioners
The changes introduced by the ETPR require practitioners to:
- Familiarise themselves with the new rule numbers.
- Update standard letters and documentation to reference the correct provisions
- Ensure they reference the correct rule numbers when making applications as failure to reference the correct rules may cause delays or procedural issues during tribunal proceedings.
- Be aware of the enhanced powers granted to legal officers and tribunal Presidents.
Comparison Table
The Courts and Tribunals Judiciary has published a Comparison Table highlighting the differences between the old Employment Tribunal Rules and the new ETPR.
https://www.dixcartuk.com/wp-content/uploads/Courts-and-Tribunals-Judiciary-Comparison-Table.pdf
