any claim to which this section applies, or

any claim to which this section applies and which is of a description specified in the order,

a claim for damages for breach of a contract of employment or other contract connected with employment,

a claim for a sum due under such a contract, and

a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,

a term implied in a contract by or under any enactment or otherwise,

a term of a contract as modified by or under any enactment or otherwise, and

a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

the person who, in accordance with regulations made under section 1(1), is the chairman, and

two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.

proceedings F10on a complaint under section 68A F11, 87 or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or on an application under section 161, 165 or 166 of F12that Act,

proceedings on a complaint under section 126 of the M2Pension Schemes Act 1993,

proceedings F13on a reference under section 11, 163 or 170 of the Employment Rights Act 1996, on a complaint under section 23 F14, 34 F103, 111 or 188 of F15that Act, on a complaint under section 70(1) of that Act relating to section 64 of that Act, or on an application under section 128, 131 or 132 of that F16Act or for an appointment under section 206(4) of that Act,

proceedings on a complaint under F6regulation 15(10) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ,

proceedings on a complaint under section 11 of the National Minimum Wage Act 1998,

proceedings on a complaint under F92 section 19C of the National Minimum Wage Act 1998,

proceedings on a complaint under regulation 30 of the Working Time Regulations 1998 relating to an amount due under regulation 14(2) or 16(1) of those Regulations,

proceedings on a complaint under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 relating to an amount due under regulation 11 of those Regulations,

proceedings on a complaint under regulation 18 of the Civil Aviation (Working Time) Regulations 2004 relating to an amount due under regulation 4 of those Regulations,

proceedings on a complaint under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 relating to an amount due under regulation 11 of those Regulations,

proceedings in respect of which an F9employment tribunal has jurisdiction by virtue of section 3 of this Act,

proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2) (whether or not they have subsequently withdrawn it),

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (1),

whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2),

any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and

whether there are other proceedings which might be heard concurrently but which are not proceedings specified in subsection (3),

the determination of proceedings in accordance with regulations under section 7(3A), (3B) or (3C)(a),

the carrying-out of pre-hearing reviews in accordance with regulations under subsection (1) of section 9 (including the exercise of powers in connection with such reviews in accordance with regulations under paragraph (b) of that subsection), or

the hearing and determination of a preliminary issue in accordance with regulations under section 9(4) (where it involves hearing witnesses other than the parties or their representatives as well as where, in accordance with regulations under section 7(3C)(b), it does not),

by virtue of subsection (6) may be done by the person mentioned in subsection (1)(a) alone F5or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal , and

is of a description specified by the regulations for the purposes of this subsection,

the determination of any proceedings, other than proceedings in which the parties have agreed the terms of the determination or in which the person bringing the proceedings has given notice of the withdrawal of the case, or

the carrying-out of pre-hearing reviews in accordance with regulations under section 9(1).

the proceedings are of a description specified in an order under this subsection made by the Secretary of State and the Lord Chancellor acting jointly, and

all the parties to the proceedings consent in writing;

the F24President of the Employment Tribunals (England and Wales),

the F24President of the Employment Tribunals (Scotland), F25. . .

any person who is an Employment Judge on a full-time basis, and

any person who is a legal officer appointed in accordance with such regulations,

members of F24employment tribunals,

any assessors appointed for the purposes of proceedings before F24employment tribunals, and

any persons required for the purposes of section F100131(2) of the Equality Act 2010 to prepare reports,

may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

a panel of F127 Employment Judges , or

any other panel of members of employment tribunals,

who has not previously taken the required oaths after accepting another office.

the Senior President of Tribunals, or

an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

he holds judicial office (as defined in section 109(4) of that Act);

he holds (in Scotland) the office of sheriff.

the oath of allegiance, and

the judicial oath,

the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of F139 Employment Judges .

counsel or a solicitor,

a representative of a trade union or an employers’ association, or

any other person whom he desires to represent him.

for determining by which tribunal any proceedings are to be determined,

for enabling an F32employment tribunal to hear and determine proceedings brought by virtue of section 3 concurrently with proceedings brought before the tribunal otherwise than by virtue of that section,

for treating the Secretary of State (either generally or in such circumstances as may be prescribed by the regulations) as a party to any proceedings before an F32employment tribunal (where he would not otherwise be a party to them) and entitling him to appear and to be heard accordingly,

for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,

for the appointment of one or more assessors for the purposes of any proceedings before an F32employment tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed,

for authorising an F32employment tribunal to require persons to furnish information and produce documents to a person required for the purposes of section F101131(2) of the Equality Act 2010 to prepare a report, and

for the registration and proof of decisions, orders and awards of F32employment tribunals.

authorise the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of instituting, or entering an appearance to, proceedings before employment tribunals,

authorise the Secretary of State to prescribe requirements in relation to documents to be supplied with any such form F141 (including certificates issued under section 18A(4)) , and

make provision about the publication of anything prescribed under authority conferred by virtue of this subsection.

“postponement” includes adjournment.

all the parties to the proceedings consent in writing to the determination without a hearing, or

the person (or, where more than one, each of the persons) against whom the proceedings are brought has done nothing to contest the case, or

it appears from the application made by the person (or, where more than one, each of the persons) bringing the proceedings that he is not (or they are not) seeking any relief which an employment tribunal has power to give or that he is not (or they are not) entitled to any such relief.

an employment tribunal is on undisputed facts bound by the decision of a court in another case to dismiss the case of the person or persons by whom, or of the person or persons against whom, the proceedings are brought, or

the proceedings relate only to a preliminary issue which may be heard and determined in accordance with regulations under section 9(4).

any requirement imposed by virtue of subsection (3)(d) or (h), or

any requirement with respect to the discovery, recovery or inspection of documents imposed by virtue of subsection (3)(e), F38or

any requirement imposed by virtue of employment tribunal procedure regulations to give written answers for the purpose of facilitating the determination of proceedings as mentioned in subsection (3A), (3B) or (3C),

any document specified in the regulations which relates to any proceedings before the tribunal, or

any decision, order or award of the tribunal,

a complaint presented under section 111 of the M3Employment Rights Act 1996, and

a question referred under section 163 of that Act,

enabling the F83territorial President to make directions about the procedure of employment tribunals, including directions about the exercise by tribunals of powers under such regulations,

for securing compliance with F84directions under subsection (A1) or paragraph (a) , and

about the publication of F85directions under subsection (A1) or paragraph (a) .

power to vary or revoke directions made in exercise of the power, and

power to make different provision for different purposes (including different provision for different areas).

the Senior President of Tribunals, and

the Lord Chancellor.

the application or interpretation of the law;

the making of decisions by members of an employment tribunal.

President of the Employment Tribunals (England and Wales), or

President of the Employment Tribunals (Scotland).

as to the manner in which and time within which proceedings are to be brought by virtue of that section, and

modifying any other enactment.

for authorising the carrying-out by an F40employment tribunal of a preliminary consideration of any proceedings before it (a “pre-hearing review”), and

for enabling such powers to be exercised in connection with a pre-hearing review as may be prescribed by the regulations.

section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union membership etc.),

section 111 of the Employment Rights Act 1996 (unfair dismissal),F94, or

regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (detriment connected with prohibited list).

a direction is given under subsection (3), or

an order is made under subsection (4).

it relates to particular Crown employment proceedings, and

the Minister considers it expedient in the interests of national security.

to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;

to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;

to direct a tribunal to exclude the applicant’s representatives from all or part of particular Crown employment proceedings;

to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;

to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.

for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the applicant;

about the publication and registration of reasons for the tribunal’s decision;

permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

is Crown employment, or

is connected with the performance of functions on behalf of the Crown.

a Regional Chairman,

President of the Employment Tribunals (England and Wales), or

President of the Employment Tribunals (Scotland).

information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,

information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or

information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.

in relation to a person in Crown employment, as a reference to the national interest,

in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and

in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons.

to take steps to conceal the identity of a particular witness, or

to take steps to keep secret all or part of the reasons for its decision.

anything likely to lead to the identification of the witness, or

the reasons for the tribunal’s decision or the part of its reasons which it is directed or has determined to keep secret.

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation, and

for cases involving allegations of sexual misconduct, enabling an F48employment tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

in the case of publication in any other form, the person publishing the matter, and

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

enabling an F49employment tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal, and

where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.

in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

in the case of publication in any other form, the person publishing the matter, and

a director, manager, secretary or other similar officer of the body corporate, or

a person purporting to act in any such capacity,

concludes that the employer has breached any of the worker's rights to which the claim relates, and

is of the opinion that the breach has one or more aggravating features,

in deciding whether to order the employer to pay a penalty under this section;

(subject to subsections (3) to (7)) in deciding the amount of a penalty.

at least £100;

no more than £5,000.

makes a financial award against an employer on a claim, and

also orders the employer to pay a penalty under this section in respect of the claim.

if the amount of the financial award is less than £200, the amount of the penalty shall be £100;

if the amount of the financial award is more than £10,000, the amount of the penalty shall be £5,000.

considers together two or more claims involving different workers but the same employer, and

orders the employer to pay a penalty under this section in respect of any of those claims.

the amount of the penalties in total shall be at least £100;

section 140(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (failure to comply with tribunal's recommendation),

section 117 of the Employment Rights Act 1996 (failure to reinstate etc.),

section 124(7) of the Equality Act 2010 (failure to comply with tribunal's recommendation), or

any other provision empowering the tribunal to award compensation, or further compensation, for a failure to comply (or to comply fully) with an order or recommendation of the tribunal.

amend subsection (3), (5) or (7) by substituting a different amount;

amend subsection (5), (7) or (10) by substituting a different percentage;

amend this section so as to alter the meaning of “claim”.

in the case of provision that could be made under paragraph (a) or (b) of that subsection, be included in regulations under section 37N;

in the case of provision that could be made under paragraph (c) of that subsection, be included in regulations under section 37Q.

for the award of costs or expenses;

for the award of any allowances payable under section 5(2)(c) or (3).

to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings;

to order a representative of a party to proceedings before it to meet all or part of any allowances payable by the Secretary of State under section 5(2)(c) or (3) by reason of the representative’s conduct of the proceedings.

where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint, F51. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with the regulations (whether before or after the hearing has begun), and

“postponement” includes adjournment.

a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with the regulations (whether before or after the hearing has begun), and

“postponement” includes adjournment.

provision of the kind mentioned in subsection (1), and

provision of the kind mentioned in section 13(1)(a),

an order of the kind mentioned in subsection (1), and

an award of the kind mentioned in section 13(1)(a) that is limited to witnesses' expenses.

to specify cases or circumstances in which interest is not payable,

to provide that interest is payable only on sums exceeding a specified amount or falling between specified amounts,

to make provision for the manner in which and the periods by reference to which interest is to be calculated and paid,

to make provision for cases where sums are payable in pursuance of decisions or awards made on appeal from F54employment tribunals,

to make such incidental or supplemental provision as the Secretary of State considers necessary.

does not include a decision or order which, on being reviewed, has been revoked by the tribunal, and

in relation to a decision or order which on being reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

payments of wages or compensation for loss of wages,

payments by employers to employees under sections 146 to 151, sections 168 to 173 or section 192 of the M13Trade Union and Labour Relations (Consolidation) Act 1992,

payments by employers to employees of a nature similar to, or for a purpose corresponding to the purpose of, payments within paragraph (b) or (c),F96or

payments by employers to employees under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010,

requiring or authorising an F59employment tribunal to order the payment of such a sum, by way of total or partial recoupment of F106universal credit,F76jobseeker's allowance, income support or income-related employment and support allowance , to the Secretary of State instead of to an employee, and

requiring an F59employment tribunal to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any F107universal credit, jobseeker’s allowance F73 , income support or income-related employment and support allowance shown to the tribunal to have been paid to the employee and enabling the Secretary of State to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

so as to apply to all payments to which this section applies or to one or more classes of those payments, and

so as to apply to all or any of the benefits mentioned in subsection (3).

confer powers and impose duties on F59employment tribunals or F60adjudication officers or other persons,

provide for an employer who pays a sum to the Secretary of State in pursuance of this section to be relieved from any liability to pay the sum to another person,

provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of F108universal credit, a jobseeker’s allowance, unemployment benefit F74 , income support or income-related employment and support allowance ,

confer on an employee a right of appeal to F80the First-tier Tribunal against any decision of the Secretary of State on any such issue, and

provide for the proof in proceedings before F59employment tribunals (whether by certificate or in any other manner) of any amount of F109universal credit, jobseeker’s allowance F75 , income support or income-related employment and support allowance paid to an employee.

no sum shall be recoverable under Part III or V of the M15Social Security Administration Act 1992, and

no abatement, payment or reduction shall be made by reference to the F111universal credit, jobseeker’s allowance F78 , income support or income-related employment and support allowance recouped.

under section 66, 68A, 70C, 87, 137, 138, 145A, 145B, 146, 168, 168A, 169, 170, 174, 189 or 192 of, or paragraph 156 of Schedule A1 to, the Trade Union and Labour Relations (Consolidation) Act 1992,

repeal or revoke any provision of an enactment that, for the purpose mentioned in subsection (9), extends the time limit for instituting those proceedings;

make further amendments which are consequential on that repeal or revocation.

during the prescribed period the conciliation officer concludes that a settlement is not possible, or

the prescribed period expires without a settlement having been reached,

seek to promote the reinstatement or re-engagement of the prospective claimant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

where the prospective claimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the prospective claimant.

authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4);

requiring ACAS to give a person any necessary assistance to comply with the requirement in subsection (1);

for the extension of the period prescribed for the purposes of subsection (3);

treating the requirement in subsection (1) as complied with, for the purposes of any provision extending the time limit for instituting relevant proceedings, by a person who is relieved of that requirement by virtue of subsection (7)(a).

a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings against that person, and

ACAS has not received information from the prospective claimant under section 18A(1).

a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings by that person, and

the requirement in section 18A(1) would apply to that person but for section 18A(7).

the conciliation officer concludes that a settlement is not possible, or

a conciliation officer comes under the duty in section 18A(3) to promote a settlement between the persons who would be parties to the proceedings,

if requested to do so by the person by whom and the person against whom the proceedings are brought, or

if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success.

seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer, F67and

provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, F68. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the certificate, or

it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.

in England and Wales, by execution issued from F160 the county court or otherwise as if the sum were payable under an order of that court;

in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and

that declaration is made.

beginning with the issue of the certificate, and

ending at such time as may be specified in, or determined under, rules of court.