Industrial Tribunals Act 1996

Procedure

6Conduct of hearings

(1)A person may appear before an industrial tribunal in person or be represented by—

(a)counsel or a solicitor,

(b)a representative of a trade union or an employers' association, or

(c)any other person whom he desires to represent him.

(2)The [1950 c. 27] Arbitration Act 1950 does not apply to any proceedings before an industrial tribunal.

7Industrial tribunal procedure regulations

(1)The Secretary of State may by regulations (“industrial tribunal procedure regulations”) make such provision as appears to him to be necessary or expedient with respect to proceedings before industrial tribunals.

(2)Proceedings before industrial tribunals shall be instituted in accordance with industrial tribunal procedure regulations.

(3)Industrial tribunal procedure regulations may, in particular, include provision—

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

(b)for enabling an industrial 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,

(c)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 industrial tribunal (where he would not otherwise be a party to them) and entitling him to appear and to be heard accordingly,

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

(e)for enabling an industrial tribunal, on the application of any party to the proceedings before it or of its own motion, to order—

(i)in England and Wales, such discovery or inspection of documents, or the furnishing of such further particulars, as might be ordered by a county court on application by a party to proceedings before it, or

(ii)in Scotland, such recovery or inspection of documents as might be ordered by a sheriff,

(f)for prescribing the procedure to be followed in any proceedings before an industrial tribunal, including provision—

(i)as to the persons entitled to appear and to be heard on behalf of parties to such proceedings, and

(ii)for enabling an industrial tribunal to review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with the regulations,

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

(h)for authorising an industrial tribunal to require persons to furnish information and produce documents to a person required for the purposes of section 2A(1)(b) of the [1970 c. 41.] Equal Pay Act 1970 to prepare a report, and

(j)for the registration and proof of decisions, orders and awards of industrial tribunals.

(4)A person who without reasonable excuse fails to comply with—

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

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

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Subject to any regulations under section 11(1)(a), industrial tribunal procedure regulations may include provision authorising or requiring an industrial tribunal, in circumstances specified in the regulations, to send notice or a copy of—

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

(b)any decision, order or award of the tribunal,

to any government department or other person or body so specified.

(6)Where in accordance with industrial tribunal procedure regulations an industrial tribunal determines in the same proceedings—

(a)a complaint presented under section 111 of the [1996 c. 18.] Employment Rights Act 1996, and

(b)a question referred under section 163 of that Act,

subsection (2) of that section has no effect for the purposes of the proceedings in so far as they relate to the complaint under section 111.

8Procedure in contract cases

(1)Where in proceedings brought by virtue of section 3 an industrial tribunal finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall order the respondent to the proceedings to pay the amount which it finds due.

(2)An order under section 3 may provide that an industrial tribunal shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which an industrial tribunal may order to be paid in relation to a claim or in relation to a contract.

(3)An order under section 3 may include provisions—

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

(b)modifying any other enactment.

(4)An order under that section may make different provision in relation to proceedings in respect of different descriptions of claims.

9Pre-hearing reviews and preliminary matters

(1)Industrial tribunal procedure regulations may include provision—

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

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

(2)Such regulations may in particular include provision—

(a)for authorising any tribunal carrying out a pre-hearing review under the regulations to make, in circumstances specified in the regulations, an order requiring a party to the proceedings in question, if he wishes to continue to participate in those proceedings, to pay a deposit of an amount not exceeding £150, and

(b)for prescribing—

(i)the manner in which the amount of any such deposit is to be determined in any particular case,

(ii)the consequences of non-payment of any such deposit, and

(iii)the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it or be paid over to another party to the proceedings.

(3)The Secretary of State may from time to time by order substitute for the sum specified in subsection (2)(a) such other sum as is specified in the order.

(4)Industrial tribunal procedure regulations may also include provision for authorising an industrial tribunal to hear and determine any issue relating to the entitlement of any party to proceedings to bring or contest the proceedings in advance of the hearing and determination of the proceedings by that or any other industrial tribunal.

10National security etc

(1)A Minister of the Crown may on grounds of national security direct an industrial tribunal to sit in private when hearing or determining any proceedings specified in the direction.

(2)Industrial tribunal procedure regulations may enable an industrial tribunal to sit in private for the purpose of—

(a)hearing evidence which in the opinion of the tribunal relates to matters of such a nature that it would be against the interests of national security to allow the evidence to be given in public, or

(b)hearing evidence from any person which in the opinion of the tribunal is likely to consist of—

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

(ii)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

(iii)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 [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.

(3)The reference in subsection (2)(b)(iii) to any undertaking of a person or in which he works shall be construed—

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

(b)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

(c)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.

(4)If on a complaint under—

(a)section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992, or

(b)section 111 of the [1996 c. 18.] Employment Rights Act 1996,

it is shown that the action complained of was taken for the purpose of safeguarding national security, the industrial tribunal shall dismiss the complaint.

(5)Except where the complaint is that a dismissal is unfair by virtue of—

(a)section 99(1) to (3), 100 or 103 of the Employment Rights Act 1996, or

(b)subsection (1) of section 105 of that Act by reason of the application of subsection (2), (3) or (6) of that section,

a certificate purporting to be signed by or on behalf of a Minister of the Crown and certifying that the action specified in the certificate was taken for the purpose of safeguarding national security is for the purposes of subsection (4) of this section conclusive evidence of that fact.

(6)The reference in subsection (5) to“dismissal” shall be construed—

(a)in relation to a person in Crown employment, as a reference to the termination of Crown employment, and

(b)in relation to a person who is a relevant member of the House of Commons staff, as a reference to the termination of his employment as such.

11Restriction of publicity in cases involving sexual misconduct

(1)Industrial tribunal procedure regulations may include provision—

(a)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

(b)for cases involving allegations of sexual misconduct, enabling an industrial 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.

(2)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

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

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

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)Where a person is charged with an offence under subsection (2) it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(4)Where an offence under subsection (2) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

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

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5)In relation to a body corporate whose affairs are managed by its members “director”, in subsection (4), means a member of the body corporate.

(6)In this section—

• “identifying matter”, in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation,

• “relevant programme” has the same meaning as in the [1992 c. 34.] Sexual Offences (Amendment) Act 1992,

• “restricted reporting order” means an order—

  (a)

  made in exercise of a power conferred by regulations made by virtue of this section, and

  (b)

  prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain,

• “sexual misconduct” means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed,

• “sexual offence” means any offence to which section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976, the Sexual Offences (Amendment) Act 1992 or section 274(2) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 applies (offences under the [1956 c. 69.] Sexual Offences Act 1956, Part I of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 and certain other enactments), and

• “written publication” has the same meaning as in the Sexual Offences (Amendment) Act 1992.

12Restriction of publicity in disability cases

(1)This section applies to proceedings on a complaint under section 8 of the [1995 c. 50.] Disability Discrimination Act 1995 in which evidence of a personal nature is likely to be heard by the industrial tribunal hearing the complaint.

(2)Industrial tribunal procedure regulations may include provision in relation to proceedings to which this section applies for—

(a)enabling an industrial 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

(b)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.

(3)If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

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

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

(c)in the case of matter included in a relevant programme—

(i)any body corporate engaged in providing the service in which the programme is included, and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or included, the matter in question.

(5)Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

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

(b)a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In relation to a body corporate whose affairs are managed by its members “director”, in subsection (5), means a member of the body corporate.

(7)In this section—

• “evidence of a personal nature” means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported,

• “identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order,

• “promulgation” has such meaning as may be prescribed by regulations made by virtue of this section,

• “relevant programme” means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990,

• “restricted reporting order” means an order—

  (a)

  made in exercise of a power conferred by regulations made by virtue of this section, and

  (b)

  prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain, and

• “written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

13Costs and expenses

(1)Industrial tribunal procedure regulations may include provision—

(a)for the award of costs or expenses, including any allowances payable under section 5(2)(c) or (3), and

(b)for taxing or otherwise settling any such costs or expenses (and, in particular in England and Wales, for enabling such costs to be taxed in a county court).

(2)In relation to proceedings under section 111 of the [1996 c. 18.] Employment Rights Act 1996—

(a)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, or

(b)where the proceedings arise out of the employer’s failure to permit the employee to return to work after an absence due to pregnancy or childbirth,

industrial tribunal procedure regulations shall include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed, or which she held before her absence, or of comparable or suitable employment.

14Interest

(1)The Secretary of State may by order made with the approval of the Treasury provide that sums payable in pursuance of decisions of industrial tribunals shall carry interest at such rate and between such times as may be prescribed by the order.

(2)Any interest due by virtue of such an order shall be recoverable as a sum payable in pursuance of the decision.

(3)The power conferred by subsection (1) includes power—

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

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

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

(d)to provide that any enactment—

(i)does or does not apply in relation to interest payable by virtue of subsection (1), or

(ii)applies to it with such modifications as may be specified in the order,

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

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

(4)In particular, an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the [1838 c. 110.] Judgments Act 1838 as that enactment has effect from time to time.

15Enforcement

(1)Any sum payable in pursuance of a decision of an industrial tribunal in England and Wales which has been registered in accordance with industrial tribunal procedure regulations shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(2)Any order for the payment of any sum made by an industrial tribunal in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)In this section a reference to a decision or order of an industrial tribunal—

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

(b)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.