Rules, Orders, Practice Directions and Guidance
Employment Tribunals interpret and apply employment law to the facts of individual cases, but employment law policy is the responsibility of the Department for Business and Trade.
The Employment Tribunals are governed by the Employment Tribunals Act 1996 and the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
Employment Tribunals Rules of Procedure
The Employment Tribunals Rules of Procedure are found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The Rules of Procedure can also be found on the gov.uk website.
The overriding objective of the Rules of Procedure, set out at rule 2, is to enable Employment Tribunals to deal with cases fairly and justly. This includes, so far as practicable:
(a) ensuring that the parties are on an equal footing;
(b) dealing with cases in ways which are proportionate to the complexity and importance of the issues;
(c) avoiding unnecessary formality and seeking flexibility in the proceedings;
(d) avoiding delay, so far as compatible with proper consideration of the issues; and
(e) saving expense.
Employment Tribunals will regularly issues orders and directions in individual cases. Parties must comply with them. However, the President of Employment Tribunals may also issue case management orders to further the overriding objective and, in particular, may do so where claims are issued around the country raising similar issues. The President may direct that the claims are heard in a particular region.
There is a separate page containing all current Presidential Case Management Orders.
Practice Directions and Presidential Guidance
Regulation 11 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 allows the President to make, vary or revoke Practice Directions.
Rule 7 of the Rules of Procedure allows the President to publish guidance as to matters of practice and as to how the powers conferred by the Rules may be exercised. Tribunals must have regard to any such guidance, but they are not bound by it. This website is used to publish such guidance, so that it is brought to the attention of claimants, respondents and their advisers.
There is a separate page containing all current Practice Directions and Guidance.